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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
October 23, 2006
Caldwell County
DWQ Project No. 041526 V2
NCSR 1322A (Fleming Chapel Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions-Modification
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for
the purpose of making improvements to NCSR 1322A, Fleming Chapel Road in Caldwell County:
Stream Impacts in the Catawba River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
Station 30 30
15+55
Station 30 90 ft. x lft. 30
32+65 Temp. Dewatering
Station 8 60 ft. x 1 ft. 8
32+65 Temp. Dewatering
Addition
Station 30 30
40+30
Total 98 150 ft. 98
Total Stream Impact for Project: 248 linear feet.
The project should be constructed in accordance with your original application dated September 7, 2004 (received
September 13, 2004) and revised application dated October 13, 2006 (received October 18, 2006), including the
environmental commitments made in the application letters. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Nos. 3404 and 3366. This Certification corresponds to
Nationwide Permit Numbers 14 and 33 issued by the U.S. Army Corps of Engineers. 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.
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 and submit a new application. If the property is sold, the new owner
6 Carolina
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Atura!!Y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Intemet www.ncwaterquality.org
Phone [phone] Customer Service
FAX [phone]
An Equal OpportunitylAffirmatve Action Employer
Mr. Mike Pettyjohn, P.E.
October 23, 2006
Page Two
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 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. 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.
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.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48-inches, and 20 percent of the culvert diameter
for culverts having a diameter less than 48-inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down
stream of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if
requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating should be used in conjunction with
appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with
staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian
areas.
6. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
7. Stormwater shall 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 diffuse flow.
8. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
9. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active

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Mr. Mike Pettyjohn, P.E.
October 23, 2006
Page Three
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
10. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life
movement.
13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
15. If concrete is used during construction (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
17. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on-site project manager.
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
19. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bank stabilization work.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or
protected riparian buffers.
21. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate
of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan-W. Klimek, P.E., Director
Division of Water Quality
cc: Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
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STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION ?s?v?
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 276 1 1-5 202 LYNDO ?T
GOVERNOR PHONE: [phone] SECRETARYB-1p,
October 13, 2006
Mr. John Thomas 0q6Z6 V.
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #14 & #33 Permit Modification
SR 1322-A (Fleming Chapel Road)
Caldwell County, North Carolina
Project Number: 11C.014068 (DWQ Permit Fee: $200)
Dear Mr. Thomas:
Construction of this project is currently underway. Modification of the existing permit is needed
to relocate and slightly extend a private wet pipe that is falling within our cut slope adjacent to
station 32+65. The new pipe will be placed about 20 feet upstream and will be about 8 feet
longer (12'x24" to 20'x 24"). We are also requesting authorization to dewater this private wet
pipe and the previously permitted wet pipe at station 32+65 during replacement. Standard
dewatering procedures and BMPs will apply. Modification details will be depicted in bold on the
PCN.
Please also note that as expected, the wet pipe at station 15+55 could not be buried due to the
presence of bedrock.
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 John
Hennessy, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
P. O. Box 250, N. WILKESBORo, NC 28659
PHONE [phone] FAX [phone]
ti Mr. John Thomas
SR 1322A, Fleming Chapel Road, Caldwell
Page 2
October 13, 2006
We would like to continue construction as soon as possible. If further information is required,
please let me know. Your early review and consideration will be appreciated.
Sincerely,
l --Al t'
Heath Slaughter
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Michael Poe, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Lee Robinson, Roadside Environmental Field Operations Technician
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 #14 & #33 Modification
3. If this notification is solelya 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: [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 Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [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 I 1 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 1322A, Fleming Chapel Road
2. T.I.P. Project Number (NCDOT Only): 11C.014068
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Caldwell Nearest Town: Gamewell
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):
15+55 DD: 35.8802 °N 81.6376 0 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 7 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UTs to Husband 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/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Grade, drain, base and pave SR 1322A.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, motor
grader 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.
Initial application date was 9/7/04.
NWP #14 and #33 issued on 9/23/04 and extended in November of 2005. Action ID#
200421565 and 200421566
The 401 was issued on 10/15/04 with a correction issued on 11/28/05 - project No. 041526
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 Fooodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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://vv-,v,\v.fema.2ov.
*** 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 Length of Average
Width of perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before Intermittent?
(indicate on map) (linear feet)
Imp act (please specify)
Station No. 15+55 Pipe replacement 10 feet UT #I to Husband Creek 7 feet Perennial
Station No. 32+65 Pipe replacement 20 feet UT #2 to Husband Creek I foot Perennial
Upslope of
Station No Pipe
8 feet UT #2 to Husband
1 foot
Perennial
.
32+65 replacement Creek
Station No. 40+30 Pipe replacement 10 feet UT #3 to Husband Creek 4 feet Perennial
Miscellaneous
All of the above rip-rap 50 feet UTs to Husband Creek 1-7 feet Perennial
placement for
stabilization

* 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
vtilv%v.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., vvwvw.topozone.com,
vv\vvv.map uest.corn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 98 In. ft. of total 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
* Area of Name of Waterbody so
Watery
Type d
sound
estuary
pond
(lake
Site Number Type of Impact Impact
(if applicable) ,
,
,
,
,
,
etc.
ocean
bay
indicate on ma acres
,
,
15+55 Temporary Dewatering 0.014 UT #1 to Husband Creek Stream
40+30 Temporary Dewatering 0.01 UT #3 to Husband Creek Stream
32+65 Temporary Dewatering 0.002 UT #2 to Husband Creek Stream
Upstream of Temporary Dewatering 0.001 UT #2 to Husband Creek Stream
station 32+65

* List each impact separately and identity temporary impacts. Impacts mciuae, oul alc 11U1 1111111GU 1.,..111, ...Il......... W.?.b•••E,
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.
By utilizing the erosion control measures as shown in the initial application adverse impacts to
streams in the area will be minimized Since this is an existing roadway the stream i npacts
cannot be avoided However, the replacement pipe lengths will be the minimum needed to
safely construct the paved 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/ncwetiands/strmgide.htmi.
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.ushvtp/index.him. 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 SERA
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
(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
IF Lone I extends out 30 teet perpendicular trom near nanx of cnannei; cone z 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.
Imnervious surface area will increase by 0.56 acres. All appropriate best manal?ement practices
for sediment and erosion control will be implemented during construction.
XII. 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.
XIII. 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
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).
Date
Applicant/Agent's Signature
(Agent's signature is valid' my if an authorizatio n letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
kson Polk Watauga
J
US Army Corps of Engineers Avery
Buncombe Clay
Cleveland ac
Lincoln Rowan Yancey
151 Patton Avenue Burke Gaston Macon Rutherford
Room 208
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
ll Swain
D
M
Telephone: [phone] Caldwell
Catawba Haywood
Henderson owe
c
Mecklenburg Transylvania
Fax: [phone]
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
kes Yadkin
St
US Army Corps Of Engineers Alleghany Edgecombe Lee o
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
NC 27615
Raleigh Chatham Granville Orange Wake
,
Telephone: [phone] Davidson Guilford
lif Person
h
Randol Warren
Wilkes
Fax: [phone] Davie ax
Ha p
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
NC 27889-1000
Washington 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
Fax: [phone] Cumberland - New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
Page 11 of 12
32 1
_kA IN
-197
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\ A l f 1 ,? LENOIR - f
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t. 2 1323 .e: ? 1. `?/ -TCH
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i
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ot 29
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' ,•?. ? 1 ? f ???' .\ ?' +. t1s3 • ?. % ' 1143 ,? : .•Cerri
' 1 w '" ? 4 `1;??? i~` ll usband
GOT
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N 13
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32
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... __ ? , /' - ti 6,• • / /'•l r ? ? ? -- ., 1 1324 ? t. ',? t -.: y! „ i1• k
_ r/' ?.:? t?• Littlejohn It
• Z ;
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(C) 1998, Maptech, Inc.
U.S. ARMY CORPS OF ENGINEERS -
WILMINGTON DISTRICT
Action ID. 200421565 & 200421566 County Caldwell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent: NCDOT/SR1322-A/11C.014068
Address: Attn: Mr. Mike Pettyjohn P.E., Division Engineer
Post Office Box 250
North Wilkesboro, North Carolina 28659
Telephone No.: [phone]
Size and Location of project (waterway, road name/number, town, etc.): SR 1322 (Fleming
Chapel Road), east of the intersection with SR 1326, west of Lenoir, Caldwell County, North
Carolina. The project is located adjacent to named tributaries of Husband Creek (Class: C
waters).
Description of Activity
Mechanized landclearing, excavation and the discharge of fill material associated with the
replacement of an existing 40'x 72" CMP at station 15+55 with a 50'x 72" CMP with headwall,
existing 30'x 24" CMP at station 32+65 with a 50'x 24" CMP, and existing 60'x 60" CMP at
station 40+30 with a 70'x 72" CMP with headwall associated with the upgrade of the existing
road from a gravel to paved surface. The project will permanently impact 40 linear feet of
previously unimpacted stream channels, temporarily impact 40 linear feet of stream channel
(stations 15+55 and 40+30) during cofferdam construction and dewatering, and 50 linear feet of
stream bank being impacted by the miscellaneous placement of rip rap for stabilization.
CONDITION: All recommendations in the attached letter, from the North Carolina Wildlife
Resources Commission dated September 13, 2004, are hereby incorporated as special conditions
of this permit.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
14 & 33 Nationwide General Permits.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action. This Department of the Army Regional General/Nationwide Permit verification does not
relieve the undersigned permittee of the responsibility to obtain any other required Federal, State,
or local approvals/permits. The permittee may nee to contact a ropriate tate and local
agencies before beginning work.
Regulatory Project Manager Signature
Date September 23, 2004 Expir tion Date Se tember 23 004
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORM, ETC., MUST BE
ATTA-CHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200421565 & 200421566 County Caldwell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent: NCDOT/SR1322-A/11C.014068
Address: Attn: Mr. Mike Pettyjohn P.E., Division Engineer
Post Office Box 250
North Wilkesboro, North Carolina 28659
Telephone No.: [phone]
Size and Location of project (waterway, road name/number, town, etc.): SR 1322 (Fleming
Chapel Road), east of the intersection with SR-1326, west of Lenoir, Caldwell County, North
Carolina. The project is located adjacent to named tributaries of Husband Creek (Class: C
waters).
Description of Activity
Mechanized landclearing, excavation and the discharge of fill material associated with the
replacement of an existing 40'x 72" CMP at station 15+55 with a 50'x 72" CMP with headwall,
existing 30'x 24" CMP at station 32+65 with a 50'x 24" CMP, and existing 60'x 60" CMP at
station 40+30 with a 70'x 72" CMP with headwall associated with the upgrade of the existing
road from a gravel to paved surface. The project will permanently impact 40 linear feet of
previously unimpacted stream channels, temporarily impact 40 linear feet of stream channel
(stations 15+55 and 40+30) during cofferdam construction and dewatering, and 50 linear feet of
stream bank being impacted by the miscellaneous placement of rip rap for stabilization.
CONDITION: All recommendations in the attached letter, from the North Carolina Wildlife
Resources Commission dated September 13, 2004, are hereby incorporated as special conditions
of this permit. Per your request of November 3, 2005, this verification is
extended to March 18, 2007.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
14 & 33 Nationwide General Permits.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action. This Department of the Army Regional General/Nationwide Permit verification does not
relieve the undersigned permittee of the responsibility to obtain any other required Federal,
nd local
State a
State, or local approvals/permits. The permittee ma eed to c:Z:7
agencies before beginning work.
Regulatory Project Manager Signature S.
Date September 23, 2004 Expir tion Date March 18, 2007
qi TR VRV PLATS_ FIELD SKETCH. WE AND DELINEATION FORM, ETC., MUST BE
ATTA-CHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE.
V ,, ..:.. ...........a. ' T
'e
Cl)
October 15, 2004
Caldwell County
DWQ Project No. 041526
NCSR 1322A (Fleming Chapel Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to impact 90 linear feet in three
(3) unnamed tributaries to Husband Creek (40 linear feet of new pipe and 50 linear feet of rip rap) and temporary
dewatering at Stations 15+55 and 40+30, in order to make improvements to NCSR 1322A (Fleming Chapel Road) in
Caldwell County. The project must be constructed in accordance with the application dated September 7, 2004 (received
September 13, 2004), including the environmental commitments made in the application letter. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366,
corresponding to theU.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. 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.
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.
No thCarolina
Natun dly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer
-11-VI -. 14b'CY' uuVul 1101
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Mike Pettyjohn,P.E.
Oc,'obc r 15, 2004
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or till 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 riles occur.
3. 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 Quality has released the project.
4. The NCWRC is requesting that the NCDOT provide temporary or permanent herbaceous vegetation on all bare soil
within five (5) days of ground disturbing activities to provide long-term erosion control. The DOT is encouraged to
use on-site vegetation and materials for streambank stabilization when practicable.
5. Stormwater shall 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 diffuse flow.
6. 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 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. 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. Where perched pipes are necessary,
riprap may be installed in a manner to form a base flow channel to assist aquatic life passage during low flow
conditions.
7. Waters must flow through the culverts without freefalling or damming on either end of the culverts to maintain
aquatic life and/or fish passage. Riprap must not interfere with aquatic life movement during low flow conditions.
8. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way.
9. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
10. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
11. 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.
12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams,
flexible pipe or other diversion structures should be used to minimize excavation in flowing water.
13. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
15. 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. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form
of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with culvert conditions.
17. All work shall be performed during low flow conditions (below bankfull).
Mr. Mike Pettyjohn, P.E.
O, to5cr 15, 2004
Page Three
18. 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 5401 Certification has been completed. The responsible party shall
complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and downstream of
each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an- adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
0' 2-' ZL
F-Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
?Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
OF \ NA
TF9
November 28, 2005
DWQ Project No. 041526
Caldwell County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED '7005 0390 00013552 8336
Correction of APPROVAL of 401 Water Quality Certification
Mr. Heath Slaughter
Division 11 Environmental Officer
NC Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Slaughter:
Re: Correction to Certification Pursuant to Section 401 of the Federal Clean Water Act,
Correction to NCSR 1322A, Fleming Chapel Road, WQC 041526, Division 11
This letter is a correction to the Water Quality Certification issued for the referenced project. This letter should be
attached to the existing WQC for the referenced project and is valid solely for the correction of the expiration date of
the WQC. The expiration of the WQC is corrected as follows:
1. This Water Quality Certification will expire with the accompanying 404 permit issued by the US Army Corps
of Engineers. This condition supercedes Condition No. 19 of General Certification No.3404 issued on March 28,
2003 and Condition No. 12 of General Certification No. 3366 issued on March 18, 2002.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated October 15, 2004 and all corresponding modifications still apply except where superceded
by this certification.
Should your project change, you must notify the DWQ and submit a new application for a WQC modification. 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 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).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within sixty (60) days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, North Carolina 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
N thCarolina
Noaltrrally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
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
An Equal Opportunity/Affirmative Action Employer
W. Heath Slaughter
` November 28, 2005
Page Two
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please contact Mr. Mike Parker at 828-296-4500.
Sincerely,
e
W. Klimek, P.E., Director
Division of Water Quality
cc: John Thomas, USACE, Raleigh Field Office
Mike Parker, Asheville Regional Office
Chris Militscher, USEPA
Transportation Permitting Unit
60r V . , 4 ?
S aua
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4 _ Alan W. Klimek, P.E. Director
Division of Water Quality
October 15, 2004
Caldwell County
DWQ Project No. 041526
NCSR 1322A (Fleming Chapel Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
U L r 2 5 2004
Dear Mr. Pettyjohn: DENR - WATER QUAL1Ty
I1LANDSMIDSTORtiryi RBRANCH
You have our approval, in accordance with the attached conditions and those listed below, to impact 90 linear feet in three
(3) unnamed tributaries to Husband Creek (40 linear feet of new pipe and 50 linear feet of rip rap) and temporary
dewatering at Stations 15+55 and 40+30, in order to make improvements to NCSR 1322A (Fleming Chapel Road) in
Caldwell County. The project must be constructed in accordance with the application dated September 7, 2004 (received
September 13, 2004), including the environmental commitments made in the application letter. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. 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.
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.
One
Nqt Carolina
JIB Wrally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Mr. Mike Pettyjohn, P.E.
October 15, 2004
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. 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.
3. 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 Quality has released the project.
4. The NCWRC is requesting that the NCDOT provide temporary or permanent herbaceous vegetation on all bare soil
within five (5) days of ground disturbing activities to provide long-term erosion control. The DOT is encouraged to
use on-site vegetation and materials for streambank stabilization when practicable.
5. Stormwater shall 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 diffuse flow.
6. 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 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. 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. Where perched pipes are necessary,
riprap may be installed in a manner to form a base flow channel to assist aquatic life passage during low flow
conditions.
7. Waters must flow through the culverts without freefalling or damming on either end of the culverts to maintain
aquatic life and/or fish passage. Riprap must not interfere. with aquatic life movement during low flow conditions.
8. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way.
9. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
10. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
11. 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.
12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams,
flexible pipe or other diversion structures should be used to minimize excavation in flowing water.
13. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
15. 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. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form
of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with culvert conditions.
17. All work shall be performed during low flow conditions (below bankfull).
'Mr. Mike Pettyjohn, P.E.
October 15, 2004
Page Three
18. 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 Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and downstream of
each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
'1fransportation Permitting Unit
Mike Parker, Asheville Regional Office

WETLANDS/ 401 GROUP
SEP 13 2004
WATER QUALITY SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
September 7, 2004
Mr. John Thomas
U. S. Army Corps of Engineers 41 6
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #14 & #33
SR 1322-A (Fleming Chapel Road)
Caldwell County, North Carolina
Project Number: 110.014068 (DWQ Permit Fee: $200)
Dear Mr. Thomas:
The NC Department of Transportation is scheduled to grade, drain, base and pave SR 1322A,
Fleming Chapel Road in Caldwell County. Total project length is approximately 1.16 miles. The
roadway width will increase from 18' to.22' and will be paved. Impervious surface area will
increase by 0.56 acres. This project will require the replacement of three (3) wet pipes as shown
below:

Station Number Existing
Structure :Size Proposed Pipe
Size Riprap Impacts
feet Total Impacts at
this Station, ` 0 -
15+55* 40'x 72" 50'x 72" w/ HW 20 30
32+65 30'x 24" 50'x 24" 10 30
40+30** 60'x 60" 70'x 72" w/ HW 20 30

Total Stream Impacts;= 90 feet
* Bedrock is present at this location so the pipe will be placed as low as possible.
* * This pipe is currently perched. This situation will be corrected provided that it does not result
in pipe slopes greater than 6%.
Installation of the new culverts at stations 15+55 and 40+30 will require temporary dewatering.
An impervious sandbag dike will be constructed approximately 20 feet upstream of the existing
structures to create a small pool. Clean water will temporarily be pumped around the
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]
Mr. John Thomas
SR 1322A, Fleming Chapel Road, Caldwell
Page 2
September 7, 2004
construction areas and will be discharged into a buffer area downstream. Any dirty water located
inside the construction areas will be pumped into a silt bag. The dewatered area at station 15+55
will total approximately 0.014 acres. The dewatered area at station 40+30 will total
approximately 0.01 acres. Once the new structures are in place, the impervious dikes will be
removed and preconstruction streambed elevations will be restored.
Construction of this project will require impacts to waters of the United States in the Catawba
River Basin. Each of the above noted wet pipes carry different unnamed tributaries to Husband
Creek (Class: Q. This project was reviewed for the presence of threatened and endangered
species on September 3, 2004. This project will have no effect on any federally listed endangered
plant or animal species. Historic compliance work will be scheduled and concurrence with the
State Historic Preservation Office will be obtained if required.
The proposed impacts are minor in nature and should not remove or degrade existing water
quality uses. Pipe sizes used will be the minimum necessary to create a safe roadway. By
utilizing the erosion control measures outlined in the attachments to this application, downstream
water quality standards will be protected. All appropriate BMPs will be used during construction.
Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control
measures, 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 John
Hennessy, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his 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.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,

Heath Slaughter
Division Environmental Officer
Enclosures
r
Mr. John Thomas
s
SR 1322A, Fleming Chapel Road, Caldwell
Page 3
September 7, 2004
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Dennis Bennett, Bridge Maintenance Engineer
Mike Pettyjohn, PE, Division-Engineer
Kipp Turner, PE, District Engineer
Michael Poe, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer

s
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 0 4 1 5 2 6
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. 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 & #33
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: [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 Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslaughterndot.state.nc us
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 1322A. Fleming Chanel Road
2. T.I.P. Project Number (NCDOT Only): 11C.014068
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Caldwell Nearest Town: Gamewell
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):
15+55 DD: 35.8802 'N, 81.6376 0 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 7 acres
8. Nearest body of water (stream/river/sound/ocean/lake): UTs to Husband 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/map-,/.)
Page 4 of 12
i
10. Describe the purpose of the proposed work: Grade, drain, base and pave SR 1322A
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe motor
grader 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

1. Wetland Impacts
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://wlvw.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.)
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A

List 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
?s eac 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
wvcw.uses.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., %v"w.topozone.com,
wvvw.mapquest.com, etc.).
Stream Impact

Site Number
(indicate on map)

Type of Impact* Length of

Impact
(linear feet)

Stream Name** Average

Width of
Stream Before
Im act
Perennial or
Intermittent?
(please specify)
Station No. 15+55 Pipe replacement 10 feet UT #I to Husband Creek 7 feet Perennial
Station No. 32+65 Pipe replacement 20 feet UT #2 to Husband Creek 1 foot Perennial
Station No. 40+30 Pipe replacement 10 feet UT #3 to Husband Creek 4 feet Perennial

All of the above Miscellaneous
rip-rap
placement for
stabilization
50 feet
UTs to Husband Creek
1-7 feet
Perennial

* L't h
Cumulative impacts (linear distance in feet) to all streams on site:_ 90 In. ft. of new permanent 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 ofWaterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.
15+55 Temporary Dewatering 0.014 UT #I to Husband Creek Stream
40+30 Temporary Dewatering 0.01 UT #2 to Husband Creek Stream

"•°• ---F.+... -U ,ucuuiy tc111pv1wy nnpacis. impacts indude, 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.
By utilizing the erosion control measures as shown in the attached drawings adverse impacts to
streams in the area will be minimized. Since this is an existing roadwa the stream impact
s
cannot be avoided. However, the replacement pipe lengths will be the minimum needed to
safely construct the paved roadway. ll appropriate BMI's 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.
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.
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 hitp://li2o.enr.state.nc.us/ii,ry/index.htin. 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
(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
n
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
c.vuo . CAM11us vut w ICCE perpenuwuiar from near banK of channel; Lone 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 0.56 acres All appropriate best management practices
for sediment and erosion control will be implemented during construction
XII. 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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Sigro&e 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
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
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Copyright (C) 1998, WDtech. Inc
Bottom: Outlet perched at station 40+30.
Top: Bedrock Present at station 15+55 on SR 1322A, Fleming Chapel Road, Caldwell.
CALDWELL COUNTY SR 1322A
FLEMING CHAPEL ROAD
STATION NEW PIPE SIZE EXISTING WET PIPE WET PIPE rPFFK -CZ17F
1+80 50' x18" NO
4+84 50'x 18" NO
10+00 50'x 18" NO
11+65 50' x 18" NO
15+55 *50'x 72" 40'x 72" YES 4'
16+40 50'x 18" NO
17+73 50'x 18" NO
20+35 50'x 18" NO
22+88 50'x 18" NO
25+20 50'x 18" NO
28+05 60'x 18" NO
32+65 50'x 24" 30'x 24" YES 2'
40+30 '70'x72" 60'x 60" YES 3'
44+50 50' x 18" NO
49+30 50'x 18" NO
51+90 50'x 18" NO
61+00 60'x 24" NO
DOES NOT INCLUDE DRIVEWAY PIPE
*PIPE REQUIRES HEADWALL
e
PIPE D\ STALL,, T-n ON
1 _ Install erosion control devices- In streams, where necessary, rock silt
screens will be used and installed prior to pipe replacement or any
work being done to channel.
?- Remove material and existing pipe while limiting, as much as
possible, material and sediment from entering a stream andlor
escaping from project
3• Prepare pipe foundation while again taking
care to Limit, as much as
possible, material and sediment from entering a stream and/or
escaping from project. Where possible, new grade will be below
existing stream bed- If needed, bedding material will be clean stone.
4. Place the new pipe and compact backfa
5_ Install slope protection on outlet and inlet ends of pipe. Also
complete installation of erosion control measures and perform
maintenance as needed on existing measure.
5. Establish permanent vegetation as soon as possible.
7. Remove rock silt screens as soon as possible after vegetation is
established. Prior to removal of rock silt screens any accumulated silt
mLSt be removed.
GEN r 12b 1 ?NOTES ON EROSION COIN-TROL
Silt Basin Type B's will br corst-acted to tn°
feet b}'three feet unless othe.-v,^s° " d?e?ion of six feet by three
t noted on the plans
«7 here slope project,
on treatment is required,
the 1990 Standard Specifications for Rows and Std, 8r- and Section 1042 of
Any material obtained from th° ° ms`s u'? be followed-
. proj,.ct mist be clean before being placed.
Generally, the order of irlsla ation of the erosion co
follows: ntrol measure °
s will bt as
Temporary Silt Basins shall be installed before cltarfg and
grubbing
Sift Fences and Temporary Silt Ditches s
clearing and before grading.
? ? installed after
Temporary Stone Ditch Checks shall be installed soon is established- n as
Pipe Outlet and Inlet Protection will be done as soon as the pipe
is installed_
Seedin° and other pel-anent erosion cone of m„ °
implemented as soon as practical es ar,. to be

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