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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: 919-733-2520 SECRETARY
April 12, 2004
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Rd, Suite 120 040613
"FTLANUS
Raleigh, NC 27615 / 401 GROUP
R?(?P
Subject: Nationwide Permits 3 and 33 APR 2 1 2004
SR 1139 Pipe 2201
Caldwell County, North Carolina WATER QUA
Project Number: IIB.201411 (DWQ Permit Fee: Not Required) LI7Y$
SECTION
Dear Mr. Thomas:
The purpose of this letter is to notify you of the fact that piped crossing # 2201 on SR 1139 in Caldwell County is
scheduled to be removed and repaired with two new pipes by the NC Department of Transportation (DOT) (see
Site Vicinity Map). The location and length of the pipes will not change. The channel running through the piped
crossing is an unnamed tributary to Stafford Creek (WS-IV) and is perennial. 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.
# Station Type of NW Existing Proposed Channel Rip Rap Temp. Piping
# Impact # Pipes Pipes ID (ft) Impact to Impacts
Ch. (ft)
ft/ac
1 NA Pie 3 2 72"x50' 2 72"x50' UT of SC 20 - 0
2 NA Dewater 33 UT of SC 0 110 -
Total 20 110/0.015 0
SC = Stafford Creek (WS-IV)
This project area was surveyed for the presence of threatened and endangered species on April 1, 2004. No
federally protected species or critical habitat was identified.
The NCDOT Historical Architecture Section has not reviewed this project. If necessary, historic compliance work
will be scheduled and concurrence with State Historic Preservation Office (SHPO) will be obtained.
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 the probability of sedimentation caused by
pipe failure.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE (336)667-9111 FAX (336)6674549
L
Mr. John Thomas
SR 1139, Pipe 2201
Page 2
April 12, 2004
Two (2) 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 by email at
(SDRoberts@dot. state. nc.us).
Sincerely,
Steve Roberts
Division Environmental Specialist
Cc:
John Thomas, US Army Corps of Engineers (2 Copies)
Cynthia Van Der Wiele, Division of Water Quality (Raleigh) (2 copies)
Mike Parker, Division of Water Quality (Asheville) (Courier)
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
Dennis Bennett, Bridge Maintenance Engineer
Ron Linville, Wildlife Resources Commission
4
Office Use Only: 040613 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 3 and 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: (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 8
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 1139, Pipe 2201 (Caldwell)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 1113.201411
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Caldwell Nearest Town: Rhodhiss
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached Site Vicinity map.
5. Site coordinates, if available (UTM or Lat/Long):
Pipe: 35 7979467 °N 81 5626577 ° 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): NA
8. Nearest body of water (stream/river/sound/ocean/lake): Stafford Creek (WS-IV)
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/.)
10. Describe the purpose of the proposed work: dewater and remove/replace pipe
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe
12. Describe the land use in the vicinity of this project: Residential/Farm
Page 2 of 8
v
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
feet
Type of Wetland***
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains arc 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://\N,\%-\v.fenia.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 8
s
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed: NA
2. Stream Impacts, including alf intermittent and perennial streams
Stream Impact Length of
Impact Average
Width of Perennial or
Site Number Type of Impact*
(linear Stream Name**
Stream B afore Intermittent?
(please specify)
(indicate on map) feet
Pipe # 2201 Pipe Replacement 0 UT to Stafford Creek 6 Perennial
Pipe # 2201 Rip Rap 20 UT to Stafford Creek G 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 impacts due to both structure and flooding), relocation (include linear feet before and afler, 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 arc available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w,xw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 201n. fl..
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
* Area of
t
I
Name of Wate Type of Waterbody
sound
estuary
ond
(lake
Site Number Type of Impact mpac applicable) e)
(if ,
,
,
, p
indicate on ma acres bay, ocean, etc.
Station: Temp. Dewatering 0.015 UT \ to Stafford Creek Stream
* List each impact separately and identity temporary impacts. impacts mciuae, our are nvL ,uuiLw w. 111,, C..CXVa«.,D., .,,.,..E,..16,
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 streatn 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:
Page 4 of 8
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 pipes must be replaced to prevent potential sedimentation caused by pipe
failure and to improve public safety. By implementing the erosion control measures as shown on
the attached drawings adverse impacts to the stream will be minimized. The replacement pipe
lengths will be the minimum needed to safely construct the crossing.
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/strm.iiide.htm].
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 5 of 8
i
N/.
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 httn://h2o.enr.statc.nc.lishvrp/index.litm. 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 ?
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.
Page 6 of 8
M
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 :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 213 .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 not change -
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 7 of 8
# It
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).
-- /,;L -o 4
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
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 8 of 8
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RH0DHISS
Name: DREXEL J Location: 035.7989595° N 081.5607220° W
Date: 4/6/2004 Caption: Stafford Creek (WS-IV)
Scale: 1 inch equals 1600 feet
Copyright (C) 1998, Maptech, Inc.
- L . 1 i ..
CULVERT CONSTRUCTION SEQUENCE
LPLACE PROPER EROSION CONTROL DEVICES
(SILT BASINS, TEMP. DIVERSION, SILT FENCE ECT.)
2.CONSTRUCT IMPERVIOUS DIKE UP STREAM TO
CREATE SMALL POOL (DO NOT DIG A HOLE) SO
WATER CAN BE PUMPED AROUND CONSTRUCTION
AREA DOWN STREAM. (THIS WILL BE CLEAN WATER)
ANY UNCLEAN WATER FROM INSIDE CONSTRUCTION
AREA WILL BE PUMPED INTO A SILT BAG.
3. TAKE OUT EXISTING PIPES
4.CONSTRUCT NEW PIPES
5.REMOVE IMPERVIOUS DIKE
6.COMPLETE ROADWAY (THIS INCLUDES SEEDING
AND MULCHING)
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