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HomeMy WebLinkAbout20040486 Ver 1_Complete File_200403304 t y C ? Govemor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality t. DWQ Project No.: ul- 0716b County: Applicant: AlCOOr _ Project Name: _rk /2/8 .auFel lFh Date of Issuance of 401 Neater Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 I, 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 I, , hereby state that, to the best of my abilities, due care and diligence was aced 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 I, AN. TJiWE*- , as a duly registered Professional (i.e., 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 Permitee 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 Buffe Rules, the .approved plans and specifications, and other sup o "ng materials. Signature ?_ Registration No. Date ;_A NCDEM Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1766 Fax: (919)733-6893 ` G William G. Ross Jr., Secretary -7 North Carolina Department of Environment and Natural Resources crJ Alan W. Klimek, P.E. Dire--or Division of Water Quality J Coleen H. Sullins, De;,c.Ky Director Division of Water Quality April 20, 2004 Watauga County DG?WQ Project No. 04-0486 SR 1218 (Laurel Branch Rd) APPROVAL of 401 Water Quality Certification Mr. ?alike Pettm;oh^., PE Division Engineer, Division 11 N C Department of Transportation Post Office Box 250 North Wilkesboro, North Carolina 28659 Dear Mr. Pe t3 john: You have our approval, in accordance with the attached conditions and those listed below, to impact 175 linear feet of seven (7) different unnamed tributaries to Laurel Branch (105 feet of new pipe and 70 feet of rip-rap) and 0.020 acres of wetlands.in order to widen and improve traffic safety on SR 1218 (Laurel Branch Rd.) in Watauga County. The project shall be constructed in accordance with your application dated March 26, 2004 (received March 30, 2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should 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 Division of Water Quality (Division) and submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if 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 remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. 1. L-:srream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction. 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. N. C. Division of Water Quality 1650 Mail Service Center Raieioh, NC 27699-1660 (919) 733-1786 ?r Customer Service: 1 800 623-7748 Ot WATF Michael F. Easley, Governor 191 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co f Alan W. Klimek, P.E. Director > Division of Water Quality p -? Coleen H. Sullins, Deputy Director Division of Water Quality April 20, 2004 Watauga County DWQ Project No. 04-0486 SR 1218 (Laurel Branch Rd) APPROVAL of 401 Water Quality Certification 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: RECEIVED APR 28 2004 NC ECOSYSTEM ENHANCEMENT PROGRAM You have our approval, in accordance with the attached conditions and those listed below, to impact 175 linear feet of seven (7) different unnamed tributaries to Laurel Branch (105 feet of new pipe and 70 feet of rip-rap) and 0.020 acres of wetlands in order to widen and improve traffic safety on SR 1218 (Laurel Branch Rd.) in Watauga County. The project shall be constructed in accordance with your application dated March 26, 2004 (received March 30, 2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should 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 Division of Water Quality (Division) and- submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if 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 remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. 1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction. 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best 'Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. ON N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 Mr. Mike Pettyjohn, P.E. April 20, 2004 DWQ#04-0486 Page 2 b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 67 Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 7. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow through without freefalling or damming on either end of the 'culverts during low flow conditions, to maintain aquatic life and/or fish passage. 8. The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream.charmel or reducing the depth of the stream. 9. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 11. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will lessen the change of altering the stream's water chemistry and causing a fish kill. 12. 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. 13. 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. Mr. Mike Pettyjohn, P.E. April 20, 2004 DWQ#04-0486 Page 3 14. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 15. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 16. All work shall be performed during low flow conditions. 17. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ 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 Division of Water Quality upon completion of the project. 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. Ifyou have any questions, please contact Sue Homewood at 336-771-4600 extension 252 or Sue.Homewood@ncmail.net. Sincerely, el Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of 'Engineers John Thomas, USACE Raleigh Field Office Steve Roberts, Division Environmental Specialist, NCDOT Division 11 Vetlat l; Unit Winston Salem Regional Office Central Files Mr. Mike Pettyjohn, P.E. April 20, 2004 DWQ#04-0486 Page 4 DWQ Project No.: Applicant: County: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable 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 I, 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: Agent's Certification Date: 1, hereby state that, to the best of my abilities, due care 11 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: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer 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. Date . ®40486 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 March 26, 2004 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office e 6508 Falls of the Neuse Rd, Suite 120 Raleigh, NC 27615 /tl;u pi '? Subject: Nationwide Permits 14 J `j ) SR 1218 (Laurel Branch Rd) r' Watauga County, North Carolina Project Number: 11C.095065 (DWQ Permit Fee: $475.00) Dear Mr. Thomas: The purpose of this letter is to notify you of the fact that a 0.86 mile section of SR 1218 (Laurel Branch Rd) in Watauga County is scheduled to be widened by the NC Department of Transportation (DOT) (see Site Vicinity Map). The location of the roadway will not change substantially, but will be widened from approximately 16 feet to 20 feet. Consequently, the impervious surface of the roadway will increase 0.417 acres. This project will require the replacement of seven (7) culverts carrying seven (7) different tributaries to Laurel Branch (Class: C) as outlined in Table 1. Additionally, 0.020 acres of Jurisdiction Wetland (JW) will be impacted as outlined in Table 2. Therefore, we are requesting that you respond to the attached Pre-construction Notification Form (PCN) and confirm that the proposed activity is permitted under the Nationwide Permitting system. Table 1. Summarv of Channel Impacts # Station # Type of Impact NW # Existing Pipe Proposed Pipe Channel ID Rig Rap (ft) Temp. Impact to Ch. ft/ac Piping Impacts (ft) *1 27+85 Pie 14 20'x15" 30'x15" UT 1 - - 10 *2 27+85 Ri Ra 14 UT 1 10 - - 3 28+15 Pie 14 45'x18" 60'x24" UT 2 - - 15 4 28+15 Rip Rap 14 UT 2 10 - - 5 33+45 Pie 14 30'x18" 50'x24" UT 3 - - 20 6 33+45 Rip Rap 14 UT 3 10 - - 7 35+30 Pie 14 40'x18" 50'x24" UT 4 - - 10 8 35+30 Rip Rap 14 UT 4 10 - - 9 39+50 Pie 14 60'x18" 70'x24" UT 5 - - 10 10 39+50 Rip Rap 14 UT 5 10 - - 11 39+85 Pie 14 30'x36" 60'x48" UT 6 - - 30 12 39+85 Rip Rap 14 UT 6 10 - - 13 42+00 Pie 14 90'x36" 100'x48" UT 7 - - 10 14 42+00 Rip Rap 14 , UT 7 10 - - .__ _ Total 70 0 105 * = Driveway Pipe P. O. Box 250, N. WILKESBORO, NC 28659 PHONE (336) 667-9111 FAx (336) 667-4549 i 'VT i Mr. John Thomas SR 1218, Laurel Branch Rd Page 2 March 26, 2004 Table 2. Summary of Jurisdictional Wetland Impact # Station # Type of Impact NW # Area of Impact acres 15 35+00 Cut Slope/Drainage 14 0.020 Total 0.020 Due to very steep terrain, large drainage areas above the road, presence of wet ditches, previous piping impacts within wetland areas, and previous fills within wetland areas, this project is relatively complicated. Considerable attention has been given to each impact. First, DOT is normally obligated to replace all pipes in the right of way and avoid eliminating any previously established access point. In this case, one pipe was placed in a wetland at station 35+00. Reinstalling this pipe in the remaining wetland, which DOT will be impacting, would have been complicated and would not have provided suitable access the steep adjacent property. Consequently, the property owner has agreed to allow this pipe to be removed and not replaced. Note there are two construction plan sheets for this section, one showing the wetland impact and one without. Second, after careful consideration, DOT has determined that eliminating the two wet ditches by adding new pipes is not practical. The seep between 32+00 and 33+45 does not enter the ditch at a distinct point. To catch the water in a pipe and divert it to the creek would require the pipe to be placed several feet down slope from the top of the seep. This would result in a new pipe in very close proximity to a driveway pipe and an existing DOT pipe. Furthermore, it could result in a large amount of storm-water being diverted toward a creek-side cabin. The property owner is opposed to this option. Adding a new pipe between 35+70 and 39+50 is also not practical for similar reasons. The water is not entering the ditch at a distinct point and to catch the water would require a pipe to be installed down slope from the top of the seep, in close proximity to an existing pipe. Furthermore, a new pipe would redirect a large amount of storm-water toward a house and the outlet would be on top of a steep slope, which would make controlling velocity/erosion very difficult. Third, the orientation of the roadway vs. an UT at station 42+00 and the terrain, makes it very difficult to realign the pipe to reduce channel impact. Consequently, a relatively long 100 ft. pipe impact is necessary at this station. i This project area was surveyed for the presence of threatened and endangered species on March 4, 2004. No federally protected species or critical habitat was identified. The NCDOT Historical Architecture Section has reviewed this project and determined that there are no NR/SL/DOE properties along this roadway that will be impacted by the proposed project. The attached construction plan illustrates that the proposed environmental impacts have been minimized to the maximum practical extent allowed by roadway safety standards. By implementing the NC-DOT Best Management Practices (BMP's) during construction, the potential impacts associated with adverse weather will also be minimized. Furthermore, the completed project will certainly reduce sedimentation currently caused by gravel road run-off and ditch maintenance. Seven (7) copies of this letter and PCN have been forwarded to Cynthia Van Der Wiele of the NC DENR, Division of Water Quality for her review, and one (1) copy has been forwarded to Ron Linville of the NC Wildlife Resource Commission. It is requested that their responses be mailed to our offices concurrently. If you have any questions about the project, I can be reached at (336) 903 9223, or (SDRoberts@dot.state.nc.us). Sincerely, be kobert?s. 1e Division Environmental Specialist Mr. John Thomas SR 1218, Laurel Branch Rd Page 3 March 26, 2004 Cc: John Thomas, US Army Corps of Engineers (2 Copies) Cynthia Van Der Wiele, Division of Water Quality (Raleigh) (7 copies) Mike Parker, Division of Water Quality (Asheville) (Courier) Mike Pettyjohn, PE, Division Engineer Kipp Turner, PE, District Engineer Kevin Whittington, County Maintenance Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Ron Linville, Wildlife Resources Commission Office Use Only: Form Version April 2001 040486 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 14 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 1 Name: North Carolina Department of Transportation Mailing Address: P. O. Box 250, North Wilkesboro, NC 2865a Telephone Number: (336) 903-9223 Fax Number: (336) 903-9239 E-mail Address: sdroberts@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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: 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 Pagel of 9 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 1218, Laurel Branch Rd 2. T.I.P. Project Number or State Project Number (NCDOT Only): 11C.095065 3. Property Identification Number (Tax PIN): N/A 4. Location County: Watauga Nearest Town: Forest Grove Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See attached Site Vicinity M. 5. Site coordinates, if available (UTM or Lat/Long): Start: 36 2994993 °N 81.7982010 0 W End: 36 2985013 °N. 81.7911985 °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/Agriculture 7. Property size (acres): Approximately 5.212 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Laurel Branch 9. River Basin: Watauga (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/.) 10. Describe the purpose of the proposed work: Grade drain, base and pave 11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump trucks and motor grader. 12. Describe the land use in the vicinity of this project: Residential/Farm Page 2 of 8 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. 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*** 35+00 Slope Cut/Drain 0.020 No 50 Ephemeral * 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 htto://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.) Page 3 of 9 List the total acreage (estimated) of existing wetlands on the property: NA Total area of wetland impact proposed: NA 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) Station: 27+85 Pipe Replacement 10 UT#1 to Laurel Brach 6 Perennial Station: 27+85 Rip Rap 10 UT#1 to Laurel Branch 6 Perennial Station: 28+15 Pipe Re placement 15 UT#2 to Laurel Branch 6 Perennial Station: 28+15 Rip Rap 10 UT#2 to Laurel Branch 6 Perennial Station: 33+45 Pipe Replacement 20 UT#3 to Laurel Branch 6 Perennial Station: 33+45 Rip Rap 10 UT#3 to Laurel Branch 6 Perennial Station: 35+30 Pipe Replacement 10 UT#4 to Laurel Branch 1 Perennial Station: 35+30 Rip Rap 10 UT#4 to Laurel Branch 1 Perennial Station:39+50 Pi a Re lacement 10 UT#5 to Laurel Branch 6 Perennial Station:39+50 Rip Rap 10 UT#5 to Laurel Branch 6 Perennial Station:39+85 Pipe Replacement 30 UT#6 to Laurel Branch 3 Perennial Station:39+85 Rip Rap 10 UT#6 to Laurel Branch 3 Perennial Station:42+00 Pipe Replacement 10 UT#7 to Laurel Branch 3 Perennial Station:42+00 Rip Rap 10 UT#7 to Laurel Branch 3 Perennial Refer to the cover letter for a more detailed outline of the proposed impacts. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list irhpacts 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 pjofiles 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.usas.¢ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.magquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1751n. ft.. 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. NA * 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 Page 4 of 9 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. The existing r_oadway must be widened to achieve an acceptable section width, thus increasing public safety. The existing pipes must be replaced for the same reason. By utilizing the erosion control measures as shown in the attached drawings adverse impacts to streams in the area will be minimized The replacement pipe lengths will be the minimum needed to safely construct the widened roadway 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 Page 5 of 9 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 ip://h2o.enr.state.nc.us/ncwetlands/stringide.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 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 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/wm/mdex.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 (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 ? Page 6 of 9 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: 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. 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. 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 increase by 0.417 acres. All appropriate _ best management practices for sediment and erosion control will be implemented during construction. XII. Sewage Disposal (DWQ Only) Page 7 of 9 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 XM. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes El No Is this an after-the-fact permit application? Yes ? No 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). -af-a 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: (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 Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Union Watauga Yancey Wilson Yadkin Page 8 of 9 WETLAND DATA FORM (1987 COE Wetlands Delineation Manual) Project/Site: SR 1218, Laural Branch Rd Date: 3-4-04 Applicant/Owner: NC DOT County: Watauga Investigator: Steve Roberts State: NC Yes No Do normal circumstances exist on the site? ? ® Community ID: Pasture Is the site significantly disturbed? ® ? (A typical situation)? Transit ID: 35+00 Is the area a potential problem area? ? ® Plot ID: JW-1 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 1.Rubus canadensis Shrub. 2.Lindera benzoin Shrub 3.Aster sp. Herb 4.Carex sp.. Herb 5.Juncus effusus Herb 6.Scirpus sp. Herb 7.Polystichum acrostichoi. Herb 8. Indicator Dominant Plant Species 9. FACW- 10. 11. 12. FACW+ 13. 14. FACU- 15. 16. Stratum Indicator Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 66 % Remarks: Due to the time of year and disturbance, positive identificatino of some herbacious species was not possilbe. i t HYDROLOGY ? Recorded Data (describe in remarks) ? Stream, Lake or Tide Gauge ? Aerial Photographs ? Other ® No Recorded Data Available Field Observations: Depth of Surface Water: NA (in.) Depth to Free Water in Pit: 0 (in.) Depth to Saturated Soil: 0 (in.) Wetland Hydrology Indicators: Primary Indicators: ® Inundated ® Saturated in Upper 12 Inches ? Water Marks ? Drift Lines ? Sediment Deposits ® Drainage Patterns in Wetlands Seconda ry Indicators: (2 or more required) ® Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves ? Local Soil Survey Data ® FAC Neutral Test ? Other (explain in remarks) Remarks: C W Ldata.frm SOILS Map Unit Name (Series and Phase): Cullasaja very cobbly loam Taxonomy (Subgroup): mesic Typic Haplumbrepts Drainage Class: Well drained Field Observations Confirm Mapped Type? Profile Description: Depth Matrix Color Mottle Colors (ins.) Horizon (Munsell Moist) (Munsell Moist) 0-10 Al l0Y/R 2/2 10-14 A2 l0Y/R 3/3 Mottle Abundance/Contrast Texture, Concretions, Structure etc. very cobbly sandy loam very cobbly sandy loam Hydric Soil Indicators: ? Histosol ? Histic Epipedon ? Sulfidic Odor ® Aquic Moisture Regime ® Reducing Conditions ® Gleyed or Low-Chroma Colors Remarks: C ? Concretions ? High Organic Content in Surface Layer in Sandy Soil ? Organic Streaking in Sandy Soils ® Listed on Local Hydric Soils List ® Listed on National Hydric Soils List ? Other (explain in remarks) Wetland Determination Yes No (circle yes or no) Hydrophytic Vegetation Present? ® ? Wetland Hydrology Present? ® ? Hydric Soils Present? ® ? Is This Sampling Point Within a Wetland? ® ? Remarks: W Ldata.frm WETLAND DATA FORM (1987 COE Wetlands Delineation Manual) Project/Site: SR 1218, Laurel Branph Rd Date: 3-4-04 Applicant/Owner: NC DOT County: Watauga Investigator: Steve Roberts State: NC Yes No Do normal circumstances exist on the site? ? ® Community ID: Pasture Is the site significantly disturbed? ? (A typical situation)? Transit ID: 35+00 Is the area a potential problem area? ? ® Plot ID: JW 1 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 1.Andropogon vierginicus Herb 2.Festuca sp. Herb 3.Rubus sp. Herb 4. 5. 6. 7. 8. Indicator Dominant Plant Species FACU 9. 10. 11. 12. 13. 14. 15. 16. Stratum Indicator Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 0 % Remarks. HYDROLOGY ? Recorded Data (describe in remarks) ? Stream, Lake or Tide Gauge ? Aerial Photographs ? Other ® No Recorded Data Available Field Observations: Depth of Surface Water: >12 (in.) Depth to Free Water in Pit: >12 (in.) Depth to Saturated Soil: >12 (in.) Wetland Hydrology Indicators: Primary Indicators: ? Inundated ? Saturated in Upper 12 Inches ? Water Marks ? Drift Lines ? Sediment Deposits ? Drainage Patterns in Wetlands Secoudg M Indicators: (2 or more required) ? Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves ? Local Soil Survey Data ? FAC Neutral Test ? Other (explain in remarks) Remarks: WL_data.frm SOILS Map Unit Name (Series and Phase): Porters loam Taxonomy (Subgroup): Umbric Dystrochrepts Drainage Class: Well drained Field Observations Confirm Mapped Type? Profile Description: Depth (ins.) Horizon 0-9 A 9+ Bw Matrix Color (Munsell Moist) IOY/R 3/2 10Y/R 4/4 Mottle Colors Mottle (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure etc. loam sandy loam Hydric Soil Indicators: ? Histosol ? Histic Epipedon ? Sulfidic Odor ? Aquic Moisture Regime ? Reducing Conditions ? Gleyed or Low-Chroma Colors Remarks: ? Concretions ? High Organic Content in Surface Layer in Sandy Soil ? Organic Streaking in Sandy Soils ? Listed on Local Hydric Soils List ? Listed on National Hydric Soils List ? Other (explain in remarks) C Wetland Determination Yes No (circle yes or no) Hydrophytic Vegetation Present? ? Wetland Hydrology Present? ? Hydric Soils Present? ? Is This Sampling Point Within a Wetland? ? Remarks: W Ldata.frm s S S SjZt2i La44ral -3.a..cl. ?.? Ile, % Wgf.waJr? Co, r,= Y / a a 1344\ t \ 1343 ` - O G as ° •'• ?\` 1s ( 1340 . 1741 {Y: ` MOU?TPViA •^STDNE FPJ \ I, .9\•? A13x2 '\•. .. t.. BALD MTN. 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