HomeMy WebLinkAbout20031252 Ver 1_Complete File_20031009
F W ATF Michael F. Easley, Governor
9
O
0'? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
tom. Alan W. Klimek, P.E. Director
- Division of Water Quality
O Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
June 16, 2004
Ashe County
DWQ Project No. 03-1252
SR 1181 (Lower Nettle Knob Rd)
sty,
h
V
You have our approval, in accordance with the conditions listed below, to seed
section of river bank in order to attempt to improve stabilization of that section.
shall be in accordance with your request letter dated June 4, 2004.
and mulch a 25-foot
The approved section
This approval is valid solely for the purpose described in your letter. Should your project change, you
must notify the Division of Water Quality (Division). For this approval to remain valid, you must adhere
to the conditions listed below.
1. All possible provisions shall be made to minimize any seed or mulch entering the South Fork
New River during the event.
2. The Division Environmental Officer shall oversee the seeding and mulching on-site during the
event.
3. The seeding and mulching shall be scheduled as best as possible to occur when the weather
forecast indicates conditions that will decrease the likelihood of impacts to the South Fork New
River.
4. The Division of Water Quality, Winston-Salem Regional Office shall be notified at least 24 hours
in advance of the seeding and mulching and given the opportunity to be present during the event.
If you have any questions, please contact Sue Homewood at 336-771-4600 extension 252 or
Sue.Homewood@ncmail.net.
Sincerely,
??-?
?6? Alan W. Klimek, P.E.
cc: John Thomas, USACE Raleigh Field Office
Heath Slaughter, Division Environmental Officer, NCDOT Division 11
Wetlands/401 Unit
Winston Salem Regional Office
Central Files
3JE"I
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
OW ATFRQ? Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E. Director
:I Coleen H. Sullins, Deputy Director
p Division of Water Quality
November 21, 2003
Ashe County
DWQ Project No. 031252
SR 1181 (Lower Nettle Knob Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659,
WETLANDS / 401 GROUP
DEC 0 4 2003
WATER QUALITY SECTION
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to place riprap a distance
of 575 linear feet along the streambank of the South Fork New River (575 linear feet of riprap) in order to stabilize
the embankment adjacent to NCSR 1181 (Lower Nettle Knob Road) in Ashe County. The NC Division of Water
Quality understands that this project was constructed in accordance with your after-the-fact application dated
October 6, 2003 (received October 9, 2003). Staff of the. NC Division of Water Quality reviewed the repair work on
October 22, 2003, and was satisfied with the streambank stabilization.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No.
3399, corresponding to the U.S. Ariny Corps of Engineers Nationwide Permit Number 13. In addition, you must
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and submit a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of
total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below.
1. NCDOT shall monitor this site for a period of three years from the date of issuance of this document.
NCDOTshall inspect the bank stabilization at least two (2) times per year and submit a written report, including
photographs, outlining the findings of the inspections to the Asheville and Winston Salem Regional Offices of
the Division of Water Quality. The report should be submitted during June of each year. NCDOT shall notify
the NCDWQ and NCDLR should there be slope failures or other problems associated with the bank stabilization.
2. If NCDWQ determines that the bank stabilization area has become unstable, NCDOT will be required to stabilize
this area. Should repairs be necessary, NCDOT must submit all repair designs to and receive approval from the
Division of Water Quality before the repair work is performed.
3. The South Fork of the New River is classified as WS-V HQW.
585 Waughton Street Winston-Salem, NC 27107 Telephone: 3361771-4600 Fax: 336/771-4633 Customer Service: 1-8771623-6748
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1181
Project Number 03 1252
Recvd From DOT
Received Date 10/9/03
County ASHE
County2
Region Asheville
Recvd By Region
Project Type after the fact permit
Certificates Stream Stream impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ' - -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
13 Stream PT -@N F-F 10-1 WSV HQW 50,701. F- F- 575.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y 0 N
Recommendation: O Issue * Issue/COnd O Deny
Provided by Region: Latitude (ddmmss) 36.3092 Longitude (ddmmss) 81.4299
Comments:
The site is where the DOT contractor blasted rock from the road construction into the South Fork of
the New River. DOT requested that they be allowed to perform 575 linear of stream bank armoring
to protect the roadway since it is immediately adjacent to the river.
DOT is to monitor bank stabilization for three years and provide and annual report for each year.
It is recommended that WO Certification 3399 be issued.
401 Certification was issued on November 21, 2003.
cc: Regional Office
Central Office Page Number 1
gaR/Vpo
?d yaey
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: 919-733-2520 SECRETARY
October 6, 2003
Mr. John Thomas KST ANDS/401 G
U. S. Army Corps of Engineers GROUP
Raleigh Regulatory Field Office
6508 Falls ofNeuse Road, Suite 120 OCT
-92083
Raleigh, NC 27615 WATER
Q1ALI7-YSEC77pN
Subject: Nationwide Permit #13
SR 1181 (Lower Nettle Knob Road)
Ashe County, North Carolina
Project Number: 11C.005045 (DWQ Permit Fee: $475)
Dear Mr. Thomas:
As a result of the blasting activities along this roadway, an after the fact Nationwide Permit #13 is
hereby requested for the 575 linear feet of stream bank armoring along the South Fork New River
(Class: WS-V, HQW) from survey stations 40+15 - 45+90. As you can see from the attached
photos, this work is now complete and is holding up well. Tim Garrett and Scott Sink from the
NCDENR Land Quality Section conducted a final inspection of this location on 9/25/03. They
were pleased with the remediation effort and indicated that no further action was necessary (See
attached inspection report).
Attached is a Preconstruction Notification Form, plan sheets, a marked county map, a marked
topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to Cynthia
Van Der Wiele, NCDENR, Division of Water Quality, 401/Wetlands Unit, for her review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
°?
P. O. Box 250, N. WILKESBORO, NC 28659 /1
r r i , Al
?HONE (336) 667-9111 FAx (336) 667-4549 1 r7_ c f
Mr. John Thomas
SR 1181, Lower Nettle Knob Road, Ashe
Page 2
October 6, 2003
If additional information is required, please let me know.
Sincerely,
;64al
rl- ?
Heath Slaughter
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Cynthia Van Der Wiele, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Mike Petq john, PE, Division Engineer
Doug Tetzlaff, District Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.0 1252
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #13
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: (336) 903-9236 Fax Number: (336) 903-9239
E-mail Address: hslau liter o,dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Heath Slaughter, Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: (336) 903-9236 Fax Number: (336) 903-9239
E-mail Address: hslau hg ter@,dot.state.nc.us
Page 3 of 12
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1181. Lower Nettle Knob Road
2. T.I.P. Project Number (NCDOT Only): 11C.005045
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Ashe Nearest Town: West Jefferson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached SR map.
5. Site coordinates, if available (UTM or Lat/Long):
Plated riverbank DD: 36.3092N 81.4299W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential/Farm
7. Property size (acres): Approximately 7 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): South Fork New River (Class: WS-
V, HO)D.
9. River Basin: New
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Stabilize disturbed riverbank.
11. List the type of equipment to be used to construct the project: Trackhoe and dump trucks.
12. Describe the land use in the vicinity of this project: Residential/Farm
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Nationwide Permit #14 issued 7/31/02. Action ID# 200221264
401 Permit issued 8/7103 DWO Project Number 021175
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at b.9p://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Impact Perennial or
Intermittent?
(please specify)
40+15 - 45+90 Streambank Armoring 575 South Fork New River 50 feet Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.g_ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 575 In. ft. of new impacts.
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
As a result of blasting activities along this roadway, stabilizing the riverbank with rock was
required to satisfy all parties Placing the riverbank on a 2:1 slope and vegetating would have
required additional blasting and potentially more as well
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offshe), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us6wroWex.htrn. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No E]
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
XII.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No charge
Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ? NOV already issued.
Is this an after-the-fact permit application?
Yes ® No ?
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
YaIeY Nome
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THOMPKINS
KNOB ELEY
4,100
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NOTE: MAP INCLUDES ONLY STATE MAINTAINED ROADS
OR IMPORTANT NON-SYSTEM ROADS.
MILEAGE NOT SHOWN ON FRONTAGE ROADS.
ROADS SHOWN AS OF FEB. 9. 1999.
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Copyright (C) 1998, Maptech, Inc.
Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION.•585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-4600
County ?1SN? Project: Ate SR 1/61 zow ld River Basin 4?'Kj
Person Financially Responsible: Me -D& Arnl I, t" A C Project # NlA
Address: p.o • 3o?j Z so 11.0'e7,V W;/k t3ao ? Al C Z8 65!2
1 . Project Location AIdSZ O S I Pictures: No B"Yes ? Prints ? Slides ? Digital ? Video ?
2. Weather and Soil Conditions Sua? ti W EQn.. W tT
3. Is site currently under notice of violation? Yes Et-No ?
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ? No 13'' If no, check violations below:
5. Violations:
? a. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c) ? g. Inadequate buffer zone, G.S. 1 I3A-57(l )
? b. Failure to follow approved plan, G.S. I I3A-61.1 ? h. Graded slopes and fills too steep, G.S. I I3A-57(2)
? c. Failure to submit revised plan, G.S. 113A -54.1(b) and or 15A NCAC 413.0024 (d)
15A NCAC 4B.001 8(a) ? i. Unprotected exposed slopes, G.S. 113A-57(2)
? d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and ? j. Failure to maintain erosion control measures,
15A NCAC 4B.0007(b) or 15A NCAC 4B.0024(e) 15A NCAC 413.0013
? e. Insufficient measures to retain sediment on site, G.S. I I3A-57(3) ? k. Other(describe)
? f. Failure to take all reasonable measures, 15A NCAC 413.9005
6. Potential NPDES Permit Violation? Yes ? No Describe
7. Has sedimentation damage occurred since last inspection? Yes ? If yes, where? (check all that apply): No 5'
Lake/natural watercourse on the tract ? Lake/natural watercourse off the tract ? Other property ?
Description:
Degree of damage: Slight ? Moderate ? Severe ?
8. Contact made with (Name)_J-"T< AJcl/ 7-1,v&rWE O?w?oW 0414e'W 1qithh__5 JA o J w, (i S ' Ai t D- o. T
Inspection Report given ER' or sent ? to Person Financially Responsible ' Dat ive sent o
9. Corrective actions needed:
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10. Comments: S/ % 9Uo -
Reportby: / h ao+'e,2E y- Others present `?Ct T S / J «-
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200221264 County Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent: NCDOT/SR1181/6.712429
Address: Attn: Mr. R.C.McCann, P.E., Division Engineer
Post Office Box 250
North Wilkesboro, North Carolina 28659
Telephone No.: (336) 667-9111
Size and Location of project (waterway, road name/number, town, etc.): SR 1181, from the
South Fork New River crossing southeast to SR 1183, southeast of West Jefferson, North
Carolina. The project is located adjacent to, and above the headwaters of, three unnamed
tributaries to the South Fork New River.
Description of Activity
Mechanized landclearing, excavation and the discharge of fill material associated with the
replacement of one line of 37' long 30" corrugated metal pipe (CMP) at station 32+11 with one
new line of 80' long 36" corrugated steel pipe (CSP), one line of 25' long 30" CMP at station
39+72 with a new line of 45' long 36" CSP and one line of 32' long 30" CMP at station 57+67
with one line of 50' long 36" CSP. The project will permanently impact an additional 81 linear
feet of previously unimpacted stream channel and will involve the placement of riprap along 30
linear feet of streambank through the placement of riprap for bank stabilization. Jurisdictional
impacts will total 111 linear feet. Please note that the applicant should adhere to the
recommendations in the attached letter, from the North Carolina Wildlife Resources Commission
dated July 22, 2002.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
14 Nationwide General Permit.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need to contact appropriate State and local agencies
before beginning work.
Regulatory Project Manager Signature, S a ,?. C**<NC-.?
Date 31 July 2002 Expiration Brute 31 July 2004
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORM ETC. MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE
William G. Ross Jr., Secretary
`0 G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
> Dun) =y Division of Water Quality
o ?
August 7, 2002
Ashe County
DWQ Project No. 021175
SR 1181 (Lower Nettle Knob Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Heath Slaughter, Division Environmental Officer
NCDOT Division 11
P.O. Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the attached conditions and those listed below, to impact 111
linear feet of three unnamed tributaries to South Fork New River in order to improve SR 1181 (Lower
Nettle Knob Road) in Ashe County. The project must be constructed in accordance with your application
dated July 17, 2002 (received July 23, 2002). After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification No. 3375, corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Number 14. In addition, you must acquire any other federal, state or local.
permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and submit a new application.
If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
1. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT
March 1997) and adhere to the requirements contained in "Sedimentation and Erosion Control
Guidelines for Sensitive Watersheds" [15A NCAC 4B .0124 (a) - (d)] prior to any ground-disturbing
activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous
vegetation shall be planted on all bare soil within 10 clays of ground-disturbing activities to provide
long term erosion control.
2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or other conditions as determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
3. Condition No. 9 is waived for the pipe at Sta. 39+72 (currently perched 4 feet) only; all other pipes
must comply with this condition.
4. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization
and to minimiwa the nce of lien
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
NUD t N!
6. All work shall be performed during low flow conditions.
7. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
8. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
9. Upon completion of the project, the NCDOT or its authorized agent is reminded to fill out and return
the enclosed "Certificate of Completion" form (Condition 16) to notify NCDWQ when all work
included in the §401 Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Ms.
Jennifer Frye of the Winston-Salem Regional Office at 336.771.4600.
Sincerely,
\/1 PLC
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Jean Manuele, USACE Raleigh Field Office
NCDWQ Winston-Salem Regional Office
Central Files
File Copy
Copyright (C) 1998, Maptech. Inc.
031252
Ak- 2P
A'w
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Top and Bottom: Plated riverbank along the South Fork New River on SR 118 1. Ashe County.
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