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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DNISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
July 31, 2007 O
1
3
1 7
Mr. Steve Lund
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, N. C. 28801-5006
SUBJECT: Pipe Replacement on SR 1549 (Leman Gap Road), Cleveland County
Dear Mr. Lund:
The North Carolina Department of Transportation proposes to replace a 60-foot, 72" pipe on SR
1549 (Leman Gap Road) in Cleveland County with a 70-foot, 84" CMP with inlet and outlet
headwalls and associated riprap for structure stabilization. The adjacent property owner, Olive
Grove Baptist Church, has modified the channel immediately upstream of the culvert. The church
periodically dams the flow of water to conduct baptisms and then releases the dammed water. It
appears that the church have utilized concrete slabs to stabilize the bank and bed of the stream.
Additionally, a shallow scour hole has formed at the existing pipe outlet. NCDOT anticipates
that the church will continue this water damming and release practice and therefore will not be
removing the concrete slabs from the bed and bank of the stream channel outside of ROW nor
will we be reconstructing the overwidened downstream channel to a "normal" channel width.
Surficial bedrock was observed in the area, therefore, NCDOT proposes to place the new pipe on
streambed grade. Due to the existing site conditions, NCDOT requests a waiver from the
Regional Condition 2(b)(e) permit depth specification, for the construction of this project.
Temporary cofferdams and bypass pumping will be used for stream management during
construction. Upon project completion, the area impacted by the temporary cofferdams will be
returned to pre-project conditions and seeded and stabilized. The total scope of the work will
result in 20 feet of permanent impacts to Knob Creek (Big Knob Creek), which is classified as
Class C waters by the Division of Water Quality.
The project is not located within '/z mile of any critical watershed area nor is SR 1549 a rural or
urban arterial; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill
basin checklist.

SR 1549, Leman Gap Road
Page 2
July 31, 2007
This office has conducted a GIS and field survey for the project for historical sites and
threatened/endangered species sites. No sites listed on the National Register of Historic Places
are located in the vicinity of the project nor did there appear to be any eligible structures. The
federally listed species for Cleveland County (USFWS listed dated March 8, 2006) include the
dwarf-flowered heartleaf (Hexastylis nan~ora). Natural Heritage Program records document the
nearest dwarf-flowered heartleaf location approximately 2.5 miles northeast (in Burke County) of
the proposed project area. The heartleaf is usually found on dry to moist ravine slopes (usually
north facing and of the oak-hickory-pine forest type) and in boggy areas near springheads. No
heartleaf species were observed and there does not appear to be suitable habitat within the
proposed project. NCDOT is recommending a finding of "no effect" for T&E species and
historical structures.
I have enclosed apre-construction notification for a NW# 14, sketches of planned activities, and
location maps relative to the project.
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150464-55120005-12B.202311-3855
• TIP #: NA
• Project Category: $200.00 Fee
If you have any questions or concerns, please feel free to contact me at [phone]. Thank
you for your time and consideration to this matter
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
d. ~~ ~._
Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: Polly Lespinasse, DWQ, Mooresville Regional Office

Office Use Only: Form Version March OS
2C~u71 31 7
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A°.)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #14 (WQC#3627)
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Mike Holder, N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby North Carolina 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent/Consultant 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: Trish Simon
Company Affiliation: N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby, North Carolina 28151
Telephone Number: 704-480-9044 Fax Number: 704-480-5401
E-mail Address: tsimon _,dot.state.nc.us
Page 1 of 8

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: Pipe Replacement, SR 1549 (Leman Gap Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 12B.202311
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cleveland Nearest Town: Casar
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 10 east from
Casar, turn left onto SR 1549 and proceed to site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°32'53"°N 81°34'49"°W
6. Property size (acres): < 0.10 acres
7. Name of nearest receiving body of water: Knob Creek (Big Knob Creek), Class C Waters
(from source to a point 0.3 mile downstream of Adams Branch
8. River Basin: Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h?o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing Conditions-Pipe on paved secondary road.
General Land Use- Rural.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used_
Replacement of a deteriorating 60-foot 72" CMP with a 70-foot 84"CMP with inlet and
outlet headwalls and associated riprap for structure stabilization. Typical heave eauipment
(trackhoe backhoe etc) will be used for the construction of this project.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to replace
a deteriorating_pine for the safety of the travelling_public.
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.NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated at this site.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts: Impacts from minor increase in pipe
length and riprap stabilization
2. Individually list wetland impacts. Types of 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.
Page 3 of 8

Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) linear feet

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acrea e, multi ly len h X width, then divide b 43,560.

Stream Impact

Stream

Perennial or Average

Stream Width
Impact
Area of
Number Name Type of Impact Intermittent? Before Length Impact
(indicate on map) Im act (linear feet) (acres)
1 Knob Creek Increase in pipe perennial 3 feet 10 feet .0007
length
1 Riprap Stabilization 10 feet .0007
Temporary ~.
1 Cofferdams/Bypass 30 feet 0.002
Piping
* 20 feet *,0014 acre

Total Stream Impact (by length and acreage) ermanent
P 30 feet
P
t
*Permanent impacts contained within area of temporary impacts temporary 002 acre
temporary
impacts impacts
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma ocean, etc. (acres

Total Open Water Impact (acres) 0
Page 4 of 8

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): Permanent 0.0014
Wetland Im act (acres): 0
O en Water Im act (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0014
Total Stream Im act (linear feet): Permanent 20 feet
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. Pond Creation NO POND IMPACTS
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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. Pipe length must be increased
to provide for the construction of an adequate road shoulder. Inlet and outlet headwalls utilized
to minimize increase in pipe len
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.
Page 5 of 8

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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/strmgide.html.
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.
MITIGATION NOT ANTICIPATED.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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)?
Page 6 of 8

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 fmalized 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 (required by DWQ)
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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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 multi Tiers.
* Impact Required
ZOIIe i____..-,_ c ,.a~ Multiplier Aifi4iaa}inn
3 (2 for C~
1.5
Total I ~ ~ ~
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No increase in impervious surface is proposed.
Page 7 of 8

XII. Sewage Disposal (required by DWQ)
Cleazly detail the ultimate treatment methods and disposition (non-dischazge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater is generated from the project.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact neazby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The pipe installation will not result in additional development of the surrounding area.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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Name: CASAR Location: 035° 32' 53.26" N 081 ° 34' 48.97" W
Date: 7/23/2007 Caption: Pipe Replacement, SR 1549 (Leman Gap Road), Knob Creek
Scale: 1 inch equals 1000 feet (Big Knob Crk.), Class C Waters, Broad River Basin

Block Walls
'X' on the Top of the
Creek bed and banks
ore Armored with
Existing Conc Slobs
Class II RTpRop on all four corners
approx. 5' out to armor the
headwall (All four corners typical!
Existing 72' CMP with
Headwalls to be removed
(60.0' Lonq)
Shtft 84' Pipe Tn the NE
direction 2.0' from the
existing 72' pipe
3= ProDOSed 84' CMP with
~- Conc Headwalls
(70.0' Lonq)
/ Side Stream
`--Channel
NOTES:
p Pumping System to be used to divert
stream around the construction
site os needed
2) Any contomtnoted water within the
Construction site is to be pumped
into o silt bag
3) Silt fence to be placed around
stockpile and project as Tt allows
4) Upon completion of the protect all silt
fences ore to be placed as needed. Also
seeding and mulching of disturbed areas.
Plan View
Large PoDlor Tree
to be left standing!
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Outlet Downstream
Inlet
SR 1549,
Leman Gap
Road
Upstream

NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 1 ~ County: C'.1PVPlanrl Project ID:
River Basin: Broad Bridge No: Pipe Replacement
Route: SR 1549 Stream: Knob Creek (Big Knob Creek), Class C Waters
Water uality Criteria:
~T~~ ,.T~
Stream Crossing Bhie Line On USGS r r
ORW r ~
wsI r r
WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area r r
Roadway Criteria:
Route Designation-
Yes No
Arterial Urban f r
Arterial Rural r r
Additional Site Information:
Yes No
Is a Hazardous Spill Basal Required? r r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).