20030557 Ver 1_Complete File_20030507

North Carolina Department of Environment and Natural Resources
L r
Alan W. Klimek, P.E., Director
O < Division of Water Quality
DWQ Project No.: /7,30-5-13 7 -County: Applicant: y`
Project Name: (4,5 ,? G-J)
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service. Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, --?YK- j J2AjE2 as a duly registered Professional
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http:f/h2o.enr.state.nc.us/ncwetlands
Date jkVI-1,0-g-
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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
May 6, 2003
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #13
SR 1354 (Glass Road)
Caldwell County, North Carolina
Project Number: 11.201411
Dear Mr. Thomas:
The NC Department of Transportation has scheduled emergency slope failure repairs on SR 1354 (Glass
Road) in Caldwell County. Recent storm events caused a significant failure of the roadway slope (see
attached photos). Since the roadway is in jeopardy and there is ongoing sedimentation potential, emergency
action is required. Therefore, I have instructed county maintenance forces to begin emergency repairs as
soon as possible.
Approximately 130 linear feet of class 1 riprap will be placed along the fill slope between SR 1354 and
Mulberry Creek (Class: C). The newly placed riprap will extend from the base of the slope upward to the
shoulder point of the roadway. All appropriate BMPs will be used during construction.
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. Please note that I have already informed Mike Parker of this issue.
If further information is required, please let me know.
P. O. Box 250, N. WI KESBORO, NC 28659
PHONE [phone] FAx [phone]
Mr. John Thomas
SR 1354 (Glass Road)
Page 2
May 6, 2003
Sincerely,
*&Izt?
Heath Slaughter
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Cynthia Van Der Wiele, Division of Water Quality (7 Copies)
Mike Parker, Division of Water Quality
Ron Linville, Western Piedmont Region Coordinator, NCWRC
R. C. McCann, PE, Division Engineer
Kipp Turner, PE, District Engineer
Michael Poe, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Area Roadside Environmental Engineer
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
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: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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 DeRartment of Transportation
Mailing Address: P O Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hg [e-mail]
Page 3 of 12
III. 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 1354, Glass Road
2. T.I.P. Project Number (NCDOT Only): 11.201411
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Caldwell Nearest Town: Lenoir
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): DD: 35.9518° N, 81.6326° W
(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 0.5 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Mulberry Creek (Class: C).
9. River Basin: Catawba
(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/mapE.)
Page 4 of 12
10. Describe the purpose of the proposed work: Repair failed roadway slope.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, and damn
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.
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
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 http://www.fema.eov.
*** 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)
Failed slope on
SR 1354 Riprap Bank
Stabilization 130 feet Mulberry Creek 15 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.uses.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.!2pozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1301n. ft. of new impacts.
Page 6of12
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.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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.
Due to the failed slope along SR 1354 near Mulberry Creek, 130 linear feet of riprap is needed to
permanently stabilized this section of the roadway. All appropriate BMPs will be used during
construction.
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/strrngide.html.
r
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 offsite), 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.us/wrp/index.htm. 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 ?
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 [phone] to review current thresholds for environmental documentation.
Yes El 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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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 I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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
XI. 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.
Impervious surface area will not increase. All appropriate best mans eg ment practices for
sediment and erosion control will be implemented during slope restoration.
XH. 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.
X1H. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No ? (Maybe)
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).
SI'l, 1,03
Applicant/Agent's Signature 0 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: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] 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: [phone] Davidson Guilford Person Warren
Fax: [phone] 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: [phone] Chowan Hertford Pasquotank
Fax: [phone] 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: [phone] Columbus Moore Sampson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
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http://www.topozone.com/print.asp?z=17&n--3978590&e=442950&s=25&u=1 5/6/03
F WATII
Q 9 Michael F. Easley, Governor
a
QG
? William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
,
r
co Alan W. Klimek, P.E. Director
Division of Water Quality
U "C
May 7, 2003
Caldwell County
DWQ Project No. 030557.
SR 1354 (Glass Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. R. C. McCann, P.E., Division Engineer
NCDOT Division 11
P.O. Box 250
North Wilkesboro, NC 28659
Dear Mr. McCann:
You have our approval, in accordance with the attached conditions and those listed below, to impact 130
linear feet of Mulberry Creek in order to make emergency repairs to the roadway slope of SR 1354 (Glass
Road) in Caldwell County. The project must be constructed in accordance with your application dated
May 6, 2003 (received May 7, 2003). After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification No. 3399, corresponding to the U.S. Army 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 use Best Management Practices for the Protection of Surface Waters (NCDOT March
1997) to minimize impacts to downstream aquatic resources.
2. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
3. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank
stabilization and to minimize the use of rip rap where possible.
4. 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
5. 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.
6. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project.
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.ne.us/nowetiands/
tl I
If you do not accept an of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 6 days of the date that you receive this letter. To ask for a hearing, send a written
petition which confo to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearin s, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final an binding unless you ask for a hearing.
This letter completes tl
Act. If you have any q
the Asheville Regional
Attachment
cc: Wilmington Di
John Thomas, i
NCDWQ Ashe
Central Files
File Copy
: review of the Division of Water Quality under Section 401 of the Clean Water
estions, please telephone Ms. Beth Barnes at 919.715.8394 or Mr. Mike Parker of
)ffice at 828.251.6208.
Corps of Engineers
'.;E Raleigh Field Office
Regional Office
Sincerely,
. ' WETLANDS 401 GO
. ti
SAY 0 7 2003
CATER QUAI -N SECT10N

STATE OF NORTH CAROLINA
030557
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GovERNOR PHONE: [phone] SECRETARY
May 6, 2003
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615 `rCtic t /S
Subject: Nationwide Permit #13
SR 1354 (Glass Road)
Caldwell County, North Carolina
Project Number: 11.201411 (DWQ PERMIT FEE: $200)
Dear Mr. Thomas:
The NC Department of Transportation has scheduled emergency slope failure repairs on SR 1354 (Glass
Road) in Caldwell County. Recent storm events caused a significant failure of the roadway slope (see
attached photos). Since the roadway is in jeopardy and there is ongoing sedimentation potential,
emergency action is required. Therefore, I have instructed county maintenance forces to begin
emergency repairs as soon as possible.
Approximately 130 linear feet of class 1 riprap will be placed along the fill slope between SR 1354 and
Mulberry Creek (Class: C). The newly placed riprap will extend from the base of the slope upward to the
shoulder point of the roadway. All appropriate BMPs will be used during construction.
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. Please note that I have already informed Mike Parker of this issue.
If further information is required, please let me know.
P. O. Box 250, N. WILKESBORO, NC 28659 PAYMENT
PHONE [phone] FAx [phone] RECEIVED
Mr. John Thomas
SR 1354 (Glass Road)
Page 2
May 6, 2003
Sincerely,
Heath Slaughter
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Cynthia Van Der Wiele, Division of Water Quality (7 Copies)
Mike Parker, Division of Water Quality
Ron Linville, Western Piedmont Region Coordinator, NCWRC
R. C. McCann, PE, Division Engineer
Kipp Turner, PE, District Engineer
Michael Poe, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Area Roadside Environmental Engineer

OF N NA O G
c? r
> ..?
a
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
hltp://www.saw.usace.anny.mil/wetlands/Perrn-!qpl2.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at hltp://www.saw.usace.army.mil/wetlands/reglour.h , or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USAGE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12

CAMA Coordination If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) it [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM ill require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - S bmit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon re eipt of an application, the USACE will determine if the application is complete as
soon as possible, not t exceed 30 days. This PCN form is designed for the convenience of the applicant
to address informatio needs for all USACE Nationwide, Regional or General permits, as well as
information required or State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg.
12893 (March 9, 20)0), available at http://www.saw.usace.anny.mil/wetlands/nwpfina]FedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the app opriate regulatory field office for specific answers to permit processing periods.
401 Water Quality C rtification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials tote Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a n n-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of 200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check ma e out to the North Carolina Division of Water Quality, with the specific name of
the project or applic t identified, should be stapled to the front of the application package. For more
information, see the Q website at h!tp:Hh2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credit d to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee dos not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval ' sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12

Office Use Only: 030557 Form Version April 2001
USACE Action ID No. DWQ No.
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslaughter@ 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: [phone] Fax Number: [phone]
E-mail Address: hslaughter@ dot.state.nc.us
Page 3 of 12
III. Pri
Att
Ian
bot
anc
iml
inc
bot
so
us
ho`
dra
red
the
1.
2.
3.
4.
5.
6.
7.
8.
9.
Ject Infor ation
ach a vici ity map clearly showing the location of the property with respect to local
imarks suc h as towns, rivers, and roads. Also provide a detailed site plan showing property
mdaries an development plans in relation to surrounding properties. Both the vicinity map
. site plan ust include a scale and north arrow. The specific footprints of all buildings,
?ervious su aces, or other facilities must be included. If possible, the maps and plans should
.ude the ap ropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
indaries ou ined. Plan drawings, or other maps may be included at the applicant's discretion,
long as the property is clearly defined. For administrative and distribution purposes, the
ACE requi es information to be submitted on sheets no larger than 11 by 17-inch format;
vever, DW may accept paperwork of any size. DWQ prefers full-size construction
wings rath r than a sequential sheet version of the full-size plans. If full-size plans are
aced to a s all scale such that the final version is illegible, the applicant will be informed that
project has been placed on hold until decipherable maps are provided.
Name of p 'ect: SR 1354, Glass Road

T.I.P. Proj ct Number (NCDOT Only): 11.201411
Property I ntification Number (Tax PIN): N/A
Location
County: C dwell Nearest Town: Lenoir
Subdivision name (include phase/lot number): N/A
Directions t o site (include road numbers, landmarks, etc.): See attached SR map.
Site coordi Wes, if available (UTM or Lat/Long): DD: 35.9518° N, 81.6326° W

(Note - If reject is linear, such as a road or utility line, attach a sheet that separately lists the
coordinate for each crossing of a distinct waterbody.)
Describe t existing land use or condition of the site at the time of this application:
Residential arm
Property siz e (acres): Approximately 0.5 acres.
Nearest bod y of water (stream/river/sound/ocean/lake): Mulberry Creek (Class: Q.

River Basi Catawba
(Note - thi s must be one of North Carolina's seventeen designated major river basins. The
River Basi map is available at http://h2o.enr.state.nc.us/admin/mns/.)
Page 4 of 12

10. Describe the purpose of the proposed work: Repair failed roadway slope.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, 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.
N/A
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
Wetland Ir. pacts
Wetland Impact
Site Number
(indicate on ma)
Typ
e of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separat ly and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, di hing/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains 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 httD://www.fen.Lgov.
*** List a wetland type th best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the tot 1 acreage (estimated) of existing wetlands on the property:
Total area f wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
T
e of Impact* Length of
Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Impact Perennial or
Intermittent?
(please specify)
Failed slope on
SR 1354
S prap Bank
abilization 130 feet Mulberry Creek 15 feet Perennial

**
List each impact sepa
dams (separately list i
stabilization activities
proposed, plans and pi
Stream names can be
downstream named s
www.usgs.gov. Nev
www.mapguest.com 4
Cumulative impacts
and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
;ts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
lent wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
s showing the linear footprint for both the original and relocated streams must be included.
d on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
1 into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
distance in feet) to all streams on site: 1301n. 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 Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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.
Due to the failed slope along SR 1354 near Mulberry Creek, 130 linear feet of riprap is needed to
permanently stabilized this section of the roadway. All appropriate BMPs will be used during
construction.
Page 7 of 12
VIII. Mi
DVS
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stre
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1.
tigation
IQ - In ac cordance with 15A NCAC 2H .0500, mitigation may be required by the NC
vision of W ater Quality for projects involving greater than or equal to one acre of impacts to
;hwater we lands or greater than or equal to 150 linear feet of total impacts to perennial
;ams.
ACE - In ccordance with the Final Notice of Issuance and Modification of Nationwide
mits, publi hed in the Federal Register on March 9, 2000, mitigation will be required when
essary to e nsure that adverse effects to the aquatic environment are minimal. Factors
hiding size and type of proposed impact and function and relative value of the impacted
atic resour a will be considered in determining acceptability of appropriate and practicable
igation as p roposed. Examples of mitigation that may be appropriate and practicable include,
are not li ted to: reducing the size of the project; establishing and maintaining wetland
/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
atic resour a functions and values by creating, restoring, enhancing, or preserving similar
ctions and alues, preferable in the same watershed.
nitigation i required for this project, a copy of the mitigation plan must be attached in order
USACE o DWQ to consider the application complete for processing. Any application
sing a req fired mitigation plan or NCWRP concurrence shall be placed on hold as
)mplete. A applicant may also choose to review the current guidelines for stream restoration
DWQ's raft Technical Guide for Stream Work in North Carolina, available at
r://h2o.enr.s tate.nc.us/ncwetlands/strm.gide.htn-il.
Provide a b rief description of the proposed mitigation plan. The description should provide
as much in formation as possible, including, but not limited to: site location (attach directions
and/or ma , if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigati on proposed (restoration, enhancement, creation, or preservation), a plan view,
preservatio 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 eet 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 ht42://h2o.enr.state.nc.us/=/index.htm. 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 ?
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 [phone] 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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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 s uare feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is equired calculate the required amount of mitigation by applying the buffer
multipliers.
one* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
total
IF Zon 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
addi 'ona120 feet from the edge of Zone 1.
If buffer mitig tion 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 t e Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (IPWQ Only)
Describe imp rvious acreage (both existing and proposed) versus total acreage on the site.
Discuss sto water controls proposed in order to protect surface waters and wetlands
downstream fr m the property.
)riate best mana
for
XII. Sewage Dispo?al (DWQ Only)
Clearly detail ?he ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater ge erated from the proposed project, or available capacity of the subject facility.
XIII. Violations
Is this site in vii
Yes ?
Is this an after-the-
Yes ?
Only)
of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
vo
permit application?
?o ? (Maybe)
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).
Applicant/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: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] 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: [phone] Davidson Guilford Person Warren
Fax: [phone] 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: [phone] Chowan Hertford Pasquotank
Fax: [phone] 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: [phone] Columbus Moore Sampson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
Fax: [phone]
US
US Fish and Wildlife Serv
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Cumberland New Hanover Scotland
and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Mana ment Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont F
3855 Idlewild Road
Kernersville, NC 2'
Telephone: (336) 7E
Mountain Region Coordir.
20830 Great Smoky Mtn.
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Alleghany
Ashe
Avery
Burke
Buncombe
Cherokee
Clay
Graham
Haywood
Caldwell
Mitchell
Stokes
Surry
Henderson
Jackson
Macon
Madison
McDowell
Watauga
Wilkes
Polk
Rutherford
Swain
Transylvania
Yancey
Page 12 of 12

Shoulder slide on SR 1354, Caldwell.
Shoulder slide on SR 1354, Caldwell.
05/04,"2003 09:14 336-9039239 NCDOT ROADOIL ROADSE PAGE 02
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littp://www.topozone.com/print.asp?z=17&n=3978590&e=442950&s=25&u=l 5/6/03
0 500 1000 '1500 2000
meters I i - I , - L .
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i.? 05/05/2003 03:10
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336-9039239
XIV. Other Circumstances (Optional):
NCDOT ROADOIL ROADSE
Pitt
Tyrrell
Washington
Wayne
it is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing Hume for these permits. However, an applicant may
choose to ]ist constraints associated with construction or sequencing that may i Mose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
TWeatened Species, accessibility problems, or other issues outside of the applicant's control).
Emer e c authorizativzt eeded to it failed slope o Glass R Caldv?reil Gount .
ApplicsuntlAgent's Signature Date
(Agent's signature is valid only" an authorization letter from the applicant is provided.)
US Amoy Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
lk
P
US Army Corps of Engineers Avery
Buncombe Clay
Cleveland Jackson
Lincoln o
Rowan
151 Patton Avenue Burke Gaston Macon Rutherford
Room 208
Asheville, NC 28801-5006 Cabanrus
ll
d Graham
wood
Ha Madison
McDowell Stanley
Swain
Telephone: [phone] we
Cal
Catawba y
Henderson Mecklenburg Transylvania
Fax: [phone]
Raleigh Regulatory Field Office Alainance Durham Johnston St Rockin ken gham
US Army Corps Of Engineers Alleghany Edgeeombe
Franklin Lee
Nash
Surry
6508 Falls of the Neuse Road Ashe
Caswell Forsyth Northampton Vance
Suite 120
NC 27615
h
Ralei Chatham Grenville orange wake
w
g
,
Telephone: [phone]
Davidson
Davie
Guilford
Halifax
Person
Randolph
arren
Wilkes
Fax: [phone]
Washington Regulatory Field Office Beaufort Currituek Jones
ir
Le
US Army Corps Of Engineers Bertie
Camden Dare
Gates no
Martin
Post Office sox 1000
NC 27889-1000
Wasbington Carteret* Green Pamboo
,
Telephone: [phone] ChowaA Hertford
d
H Pasquotank
uirnans
Fer
Fax: [phone] Craven e
y q
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps O£Bngineers Bladen
Brunswick Hamett
Hoke Pender
Richmond
post office Sox 1890
NC 28402-1890
Wilmington Carteret Montgomery Robeson
,
Telephone: [phone] Columbus Moore Sampson
PAGE 02102
union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
WQC #3399
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 1663 issued on September 8,
1983; WQC No. 1272 issued November 10, 1978; WQC No. 2665 issued on 21 January 1992;
WQC No. 2102 issued on February 11, 1997, WQC Nos. 3256, 3257 and 3258 issued on
November 22, 1999 and WQC No. 3353 issued on March 18, 2002. This WQC is rescinded
when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit
197800080 or when deemed appropriate by the Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
WQC #3399
Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an
application fee to the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality.
Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
Stream stabilization projects that include,tf a use of any<structureiorfilh; n,tlie°exIsting
stream bed }or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily or haft!" engineerin6 such as but not
WQC #3399
limited to concrete liningrip rap" or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
5. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt"
from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
6. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
Appropriate sediment and erosion control pracfices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classed trout
waters);
8. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
9. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and approved by the Division of Land
Resources and Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse;
12. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
WQC #3399
Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ.
Non-c mpliance with or violation of the conditions herein set forth by a specific project shall
result in r ocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The D rector of the North Carolina Division of Water Quality may require submission of a
formal app ication for individual Certification for any project in this category of activity that requires
written co currence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland o downstream waters are precluded.
Division
hearings may be held for specific applications or group of applications prior to a
decision if deemed in the public's best interest by the Director of the North Carolina
Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC #
4
Re: Caldwell Slide
Subject: Re: Caldwell Slide
Date: Tue, 06 May 2003 17:04:07 -0400
From: Heath Slaughter <hslaughter @dot. state.nc.us>
Organization: North Carolina Department of Transportation
To: Beth Barnes <[e-mail]>
Wait till you see the one I'm sending tomorrow!
No, I expect that we will have to toe the rock in at stream bed elevation. If we
don't,
we might be right back there doing it again later on.
Beth Barnes wrote:
> Interesting photos! Glad I am not driving on that road! Do you anticipate being
able
> to stay OUT of the stream channel with the proposed work? Please advise. Beth
> Heath Slaughter wrote:
> > FYI - Hard copies will follow. Talked to Mike Parker already.
> > ------------------------------------------------------------------------
> > Name: SR 1354, letter.doc
> > SR 1354, letter.doc Type: Microsoft Word Document
(application/msword)
> > Encoding: base64
> > Download Status: Not downloaded with message
> > Name: SR 1354, photos.doc
> > SR 1354, photos.doc Type: Microsoft Word Document
(application/msword)
> > Encoding: base64
> > Download Status: Not downloaded with message
1 of 1 5/7/2003 10:57 AM
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax [phone]
To: ?? a l I1 S ?a,?ah+w
parry: Dar rD s;O n II
ber of pages including. cover sheet: 3
s or special instructions:
Fax #: 33t, ?. `)da- 923
Date: 517 ?a 3
Lv.,- or j3 5 4-. lea s ?. YYt ?e sl c v ?,
yve 4 L Cl) ate. c,. CAv
V a,,k,& -:&4k
;ion of
Water Quality, 401 Wetlands Certification Unit,
Service Center, Raleigh, NC 27699-1650 (Mailing Address)
ree Blvd., Raleigh,.NC 27604-2260 (Location)
1786 (phone), 919-733-6893 (fax). (httnJ/h2o.enr.state.nc.us/ncwedands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
t,
- Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
. Fax #: [phone]
To: Sohn -q,0YY.as
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.ber of pages including cover sheet: 3
s or special instructions:
Fax #: ??/s- .5823
Date: s 1-? 11,3
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;ion of Water Quality, 401 Wetlands Certification Unit,
Service Center, Raleigh, NC 27699-1650 (Mailing Address)
ree Blvd., Raleigh, NC 27604-2260 (Location)
1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.tWncwetlands
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