Loading...
HomeMy WebLinkAbout20210392 Ver 3_Justus Rd Modification Info Packet_20230927Justus Rd Permit, WBS 11C.095108 Modification Information Modification Summary Letter Vicinity and Location Map/Photos Revised HA Assessment of Effects Form Revised Archaeology review (not required) Page 2 Page 4 Page 12 Page 14 Erosion Control Plans (w 3 proposed sites added) Page 15 PJD Map (w 3 proposed sites added) Page 45 Reverification Information Reverification Submittal Form Page 51 404 Permit Reverification Page 54 401 Permit Reverification Page 58 Original Permit Information Original PCN Page 65 404 Permit - Original Page 74 401 Permit - Original Page 82 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR September 28', 2023 Ms. Lori Beckwith U. S. Army Corps of Engineers NCDOT Regulatory Project Manager 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 J. ERIC BOYETTE SECRETARY Subject: Modification of Existing Nationwide 14 Permit Application — Justus Road (SR 1137) Improvement Project, Watauga County, NC. WBS Element 11C.095108 - State Funded Dear Ms. Beckwith, The North Carolina Department of Transportation (NCDOT) is requesting approval to add three jurisdictional impact sites to the existing Justus Road Improvement Project. The project was originally permitted on September 7t1i, 2021 as SAW-2021-00743, and due to a permit expiration, was reverified on February 2, 2023 as SAW-2021-00743 Reverification Al. As a result of recent storm events, landowner complaints, and newly discovered structural deficiencies found by our maintenance department, three additional sites in need of replacement have been identified. All three are within the existing project area, so the best course of action appeared to be modifying the existing permit. To accomplish this, I'm providing this letter, which includes a table of the three proposed impacts, pertinent information for NCWRC and the USFWS, as well as Sec 106 updates. Location maps and plansheets of the proposed work are also included, along with the original permit package and the reverification permit package (for reference purposes). The proposed new impacts are all on Clarks Creek (Class C), and are described below. In addition to minimal permanent impacts (4' of new bank stabilization), the proposed work should benefit aquatic species by replacing two pipes with bottomless RCBC's, and lengthening a bridge so that the substructure is no longer in contact with the stream during normal flows. Existing Proposed New Impacts Location Condition Condition Purpose Permanent Temporary Driveway 24' x 8' x 5' upgrade pipe, line with 4' (no 75' 20' x 42" CMP pipe 127 bottomless RCBC rockform liner new fill) (dewatering) Driveway 20' x 6' x 4' upgrade pipe, line with 75' 20' x 36" CMP 0 pipe 157 bottomless RCBC rockform liner (dewatering) 15' x 17' timber 15' x 25' timber 30' Bridge 290 upgrade bridge 0 bridge bridge (dewatering) Total 4' 180' All three replacements will occur in the dry, and any water entering the work area will be pumped through a silt bag and allowed to re-enter the stream once cleaned. The proposed bottomless RCBC's will receive a rock form liner matching the existing rock form liner on pipe 127. Mailing Address: Telephone: 828-386-7202 NC DEPARTMENT OF TRANSPORTATION kjhining@ncdot.gov DIVISION 11 Customer Service: 1-877-368-4968 801 STATESVILLE RD NORTH WILKESBORO, NC 28659 Website: ncdot.gov NCWRC Updates — All work related to these three replacements will occur between April 15t1' and Oct 15t'', outside of the trout moratorium. While the initial plan was to replace Pipe 127 with a concrete bottom RCBC, our staff have agreed to use a bottomless RCBC for both pipe 127 and pipe 157. As a result, there will be a reduction of 40' of fill in the stream (20' for each pipe), and the replacement of two existing metal pipes with these bottomless structures should improve aquatic passage for a variety of organisms, including wild, self-sustaining trout. Sec 7 Updates A review of IPaC (9/14/23) revealed three listed bat species (Gray Bat, Northern Long-eared Bat, and Virginia Big -eared Bat), and one proposed bats species (Tricolored Bat) that could occur within the project area. As a note, all three currently listed bat species were previously consulted on as part of SAW-2021-00743, but re -consultation is needed since we are adding three new sites. In order to conduct the proposed work to Pipe 127 and 157, three white pines will need to be removed. All three are partly dead and pose a safety risk due to their close proximity to the adjacent house and roadway. In order to reduce possible injury to bat species, the trees will be removed during the Oct 15'-April 1st window. Furthermore, the two pipes and bridge were surveyed during the summer of 2023, and no bats or signs of bats were observed. The three new impact sites will not require blasting, no new permanent or temporary lighting will be added to the project area, and no night work will occur. In addition to re -consulting on the three listed bat species for the proposed modification, if USACE and USFWS prefers, we could consult on Tri- colored bat for the entire project, and not just these three site additions, at this time. In addition to the listed bat species, the IPaC review also showed the potential of Bog turtle and Green Floater in the area. Concerning Bog Turtle, the three proposed structure replacements will not effect this species since the work will not impact wetlands. The Green Floater is not currently listed, but is proposed. If Green floater is listed, then we will be required to halt work and re - consult with USFWS for the entire project, so there is no need to consult for that species at this time. However, it is worth noting that Clarks Creek is best described as a rocky substrate, high elevation, swift current tributary and believed to be unsuitable habitat for Green Floater. Furthermore, there is a waterfall approx. '/4 mile downstream of pipe 127, which would prevent possible upstream movement of Green Floater. Section 106 Updates - As a result of the proposed three structure replacements, the project was re -reviewed by NCDOT's Cultural Resource Team in 2023. While Archaeology had no new issues and indicated their previous review was still accurate, our Historic Architecture review did result in an Assessment of Effects due to the surround Clarks Creek Historical District. Since Pipe 127 had been previously replaced with an environmental commitment of a rock form liner, NCDOT proposed to replace pipe 127 and pipe 157 with bottomless RCBC structures that incorporated this same rock form liner. This agreement, to use the rock form liner, resulted in a No Adverse Effects decision (see attached 2023 Assessment of Effects form). Mitigation Updates — Since the proposed replacement will result in 1) no new instream fill, and 2) the removal of 40' of existing instream fill (20' for pipe 127 and 20' for pipe 157), NCDOT request to be able to add the proposed three structure replacements to the existing Justus Rd permit with no new mitigation requirements. Please contact me at (828) 386-7202 if you have any questions or need additional information. Sincerely, Kevin Hining ((// NCDOT Division 11 Environmental Officer 828-386-7202, kjhinin ,ncdot.gov Location of driveway pipe 127 and 157, and bridge 290, Justus Rd / SR 1137, Watauga County. ine Meadows© Mini -Park Seven ©evils Resort Club 9 9 [I - a Holy Communion Lutheran Church MM Snakeden S Ridge Echota on the ridge r''a •drlew� e� 0 hlura¢nS� Altitude•Adjustrnent� Banner Elk Pine Ridge Townsend Gap Ray Clark Construct •i Echota on the Ridge Clubhouse and Pool Twin Rivers Community A Peace of Heaven' "n � a Salvation Army Vacation Home Thrift Store 105 / -- ouse Echota Club HR ° ¢ � Echota Resort 4 Foscoe Rentals rryo '� Foscoe.- l"+r,A,- Young Hollow Hidden Valley � FoscoFishing Googlgompany & oWitter Map showing locations of all three structure replacements (pipe 127 and 157, and bridge 290) within Clark's Creek Rural Historic District, Justus Rd, Watauga Co. Watauga bridge 137 — location shown only for reference purposes Driveway pipe 127 —42" x 20' CMP with rock form liner (previous commitment, Effects Required form 14-02-0006) — will replace with 8'x5'x24' bottomless RCBC—since previous structure had rock form liner, we will commit to using the same rock form liner. Driveway pipe 157 — 36" CMP with no rock form liner — will replace with a 6'x4'x20' bottomless RCBC. Will commit to using the same rock form liner as used on pipe 127. �J 9►. r-I r i Watauga bridge 290—will replace with ' a similar bridge (wood deck on wooden abutments) and same width, but will be lengthened from 17' to 25' to set the new abutments back further from the stream / prevent overtopping. {2 of 2i + G x 1 T0759 I Clark a Creek Ruwn —P>t•_ ` DiAria (DrW 201S) I S'rm NamL Clerk's: yak kL1* — Or:-,- D,iwla OL-ad Y038 Guts Name DWLI wL-6-, staaas DOE S,w 1:: W .054 DOE rnmrr rr4s'+':'files nc govrncdcr, hiv=c or Local preser.atan-l' ceVDFs?ER 15- 1mk 0430aadf Notes Peer SL Year 00= Sd.E�lY.- 2015 1Y$tflSiSiC Historic district Boundary - W 10759 - orange line Proposed 6' x 4' x 20' Concrete Heodwo I I bottomless RCBC CREEKBED 000 ELEVATION A<01NPINVERT ELEVATIONS 2885.96 ��� 2885a2 T Sj_g_ 2884.94 P TOP ELEV.— 2888.62' P �I�� TP _ �� �� 1SPD � ;�,o TOP ELEV.- 2888.54' — TOP ELEV.— CREEKBED 2888.69' P P ELEVATION-, Proposed 8 x 5 x 24 � P 2884.84 bottomless RCBC 3� P� P INVERT ELEVAT I O S m 2880 ® 64' 2880° 17 = P ELEV.— \�p,P i 100, Concrete Retaining Wa I TOHeadwal � P � �Q. (Sta. 4+1 0- Sta. 4+ �� 84611 C P " P Top of WalI Elevations: ( 2884.01' - 2884.82) �® a CREEKBED TOP ELEV.= ELEVATION: STOP ELEV. / 2885.02 2880.95 = 2884e82' Concrete Retaining W (Sta. 5+1 1 - Sta. 5+48 l Top of Wall Elevations: CREEKBED ( 2885.63' - 2886.361) ELEVATION loN of 2878.81' � Q PO®68p G A � 9 O A ' 4 _ _________________ �N'PoI ®R 34 4Bffi®� UP I Watauga bridge #137 Watauga bridge #137 and retaining wall along creek — installed several years ago with rock form liner and weatherized guardrail, required as part of Bridge 137 replacement, 2015 Assessment of Effects 14-02-0006 N t r"1�MIs up Sd KLYtai Fy, 4q �� ggd � i lr. liT} �vq Pipe is undersized and floods house next door, pipe outlet headwall is also damaged/undercut. Watauga pipe #127 Assessment of Effects - 14-02-006 Driveway pipe 127—42"x20' CMP with rock form liner —will replace with a 8'x5' x24' bottomless RCBC, with same rock form liner Watauga pipe #157 Driveway pipe 157 — 36"x20' CM with concrete headwall and cement bag wall — will replace with a 6'x4'x20' bottomless RCBC. Will use rock form liner Pipe is undersized, full of bedload, and floods house next door, pipe outlet headwall is also damaged/undercut. Road will dead end at _ this location once new alignment of Justus Rd - is complete Watauga Bridge #290 Watauga Bridge 290 - will replace with a bridge of same construction (wooden structure), will have same width, but will lengthen from 17' to 25' to set the new abutments back further from the stream / prevent over topping. Will replace with wooden supports vs. typical concrete abutments to shorten the amount of time that a detour is needed (2-3 days) Previously reviewed in 2020 (PA 15-10-0030), and it was determined that the bridge was not a contributing resource within the Clark's Creek Historic District. i MP7 'a F n � K f f „, ' O O 'Af o O • O � � l } I I I A - I. � . }Y - - •, S Ale 6 x a x 3 H OP" EQ'- TRH LINE: 3 ft.=�w,eir S ; ._�'�°1S� 0� � 4� „ ■k may• N � • N 0�7 .4* f .•A&_ate11 ,` / {{ �j •- :.WY ' 44 1 r tomw _ 5.3 N EVERY OTt{ER�T RY a ` F "'PEA � .^' Y.. 'Y� . • .•��h`•-�� . _'���' ',A�, ��i• � \ \ - .. .. . , DocuSign Envelope ID: 41 F912EE-1435-4637-ADDF-E9FA9903AAE9 Project Tracking No. (Internal Use 15-10-0030 Revised Caw . HISTORIC ARCHITECTURE AND LANDSCAPES ASSESSMENT OF EFFECTS FORM v J J This form supercedes those dated 14 March 2023 and 21 August 2021 n This form only pertains to Historic Architecture and Landscapes for this project. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: County: Watauga "SNo.: 11C.095108/ Document MCC 11 B.209511 Type: Fed. Aid No: Funding: X State ❑ Federal Federal X Yes ❑ No Permit USACE Permits : Typ e s : PMiectDescription: Grade, drain, base and pave SR 1137 (Justus Road) from just NW of intersection with SR 1136 (Clark's Creek Road) south 1.24 miles to end of maintenance; replace two damaged driveway pipes (Numbers 127 and 157) and replace Bridge No. 290 on SR 1137 (Justus Road) over Clark's Creek (no off -site detour specified in review requests). SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Project resubmitted for review in June 2020 due to realignment of design and in February 2023 due to added pipe and bridge replacements. HPOWeb reviewed on 27 October 2015, 7 July 2020, and 3 March 2023 and yielded one DE, eleven SS, and no NR, SL, or LD properties in the Area of Potential Effects (APE). The APE extends 150 feet to either side of the SR 1137 (Justus Road) centerline and 100 feet from each end of the 1.24-mile project length, as well as 100 feet to either side of the proposed new alignment and 750 feet north and 385 south of existing Bridge No. 290, to encompass proposed construction activities and possible project impact. Watauga County current GIS mapping, aerial photography, and tax information indicated a largely wooded APE with residential and agricultural resources dating from the 1890s to the 1980s (viewed 27 October 2015, 7 July 2020, and 3 March 2023). Several pre-1970 resources are unexceptional (some also altered) examples of their types. Of the eleven previously recorded resources, six are included in the National Register -eligible Clark's Creek Rural Historic District (WT0759) in the project area, of which four are contributing resources to the district as are the surviving pastures and natural landscape elements and Justus Road itself. Of the remaining five, four date to the 1960s-80s and are unexceptional. The Samuel C. Byrd Farm (WT0350), located south of the historic district on the west side of SR 1137 (Justus Road), is not NR-eligible based on an evaluation completed in 2016 for this project, and HPO concurred with the finding (report on file Environmental Analysis Unit, NCDOT and HPO; see attached correspondence). The Byrd Cemetery (WT0766), while not individually NR-eligible, is considered a contributing resource to the historic district, and should be afforded the usual protections during construction. Constructed in 1958 and 1959, Bridge Numbers 177, 244, and 290 are not eligible for the National Register according to the NCDOT Historic Bridge Inventory as they are neither aesthetically nor technologically significant. NCDOT also carried out historic architectural study of the Justus Road area for 17BP.11.R.29 (PA Tracking No. 14-02-0006, Bridge No. 137 replacement) in 2015, which established the eligibility of the historic district. The comprehensive county architectural survey (2002-3) and later studies include no properties Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007Programmatic Agreement Page 1 of 18 DocuSign Envelope ID: 41 F912EE-1435-4637-ADDF-E9FA9903AAE9 in the APE apart from those noted above (I. Daniel Pezzoni, ed., The Architectural History of Watauga County, North Caro/Ina (Durham, NC: BW&A Books, 2009). County GIS/tax materials and other visuals (viewed 27 October 2015, 7 July 2020, and 3 March 2023) clearly illustrate the relative placement of the NR-eligible historic district and the proposed work as currently defined, which indicated the need for an effects consultation to satisfy Section 106 and GS 121- 12(a) compliance. An effects consultation with the State Historic Preservation Office and USACE occurred on 31 August 2023. Should the funding, permitting, or project limits change, please notify NCDOT- Historic Architecture as additional review then may be necessary. ASSESSMENT OF EFFECTS Property Name: Clark's Creek Rural Status: DE Historic District Survey SiteNo.: WT0759 PIN: Multiple Effects ❑ No Effect X No Adverse Effect ❑ Adverse Effect Explanation ofEtfects Determination: Two parts of the project are contained within the lower, southwest end of the historic district (towards the northernmost end of the project area): 1) improvements to existing Justus Road extending northward from just west of the intersection with Poor Man's Hollar to where the new northeast -southwest alignment begins; 2) easternmost section of the new alignment. The proposed construction activities will not impactor compromise two contributing resources — the (former) Clark'; Creek Baptist Church (WT0349) and the Wilson House (WT0768) — or the various landscape elements — such as woodlands, remnants of field patterns, meadows, and orchards — and viewsheds that also constitute the historic character of the district. No driveways or other property access points will be altered or eliminated. State maintenance will end on Justus Road from west of the improvements to its junction with the southwest end of the new alignment. Where some vegetation must be removed on the west side of Justus Road at its intersection with the northeast end of the new alignment, planted buffers will be introduced per agreement with the property owner (see below). The recently added construction activities — the replacement of two undersized and damaged pipes and the frequently overtopped Bridge No. 290 — also will not adversely affect any historical element of the district. Reinforced concrete box culverts will replace existing Pipe Number 127 and 137, requiring minimal tree removal and no alteration of driveways. Visible exteriors of the new culverts will be faced using a rock form liner similar to that used for finishing the nearby Bridge No. 137. While the pipe locations are associated with non- contributing properties, they are within the district as its boundary contains all of Clark's Creek. Bridge No. 290 is not individually NR-eligible, but a feature within the district. It will be replaced with a wooden structure of essentially the same design as the existing bridge, but lengthened to place the new abutments further from the creek in order to eliminate flooding. See attached for explanatory ra hics. List of*Environmental Commitments: NCDOT-Division 11 has agreed with the owner of parcel ID: 1879968391000 to install planted buffers to replace vegetation removed during construction. Justus Road (SR 1137), Watauga County WBS No. 11C.095108 PA Tracking No. 15-10-0030 Revised Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007Programmatic Agreement Page 2 of 18 DocuSign Envelope ID: 41 F912EE-1435-4637-ADDF-E9FA9903AAE9 SUPPORT DOCUMENTATION X Map(s) Previous Survey Info. X Photos X Correspondence X Design Plans FINDING BY NCDOT AND STATE HISTORIC PRESERVATION OFFICE Historic Architecture and Landscapes -ASSESSMENT OF EFFECTS NCDOT Architectural Historian —ppDocu�S�igned by: �-- FE 199aA 7403... Statesitoric preservation Office Representative EDocuSigned by: 11 6Vi bl-&WA, 56D7BC73AB6346A... 31 August 2023 Date 9/7/2023 Date 9/8/2023 Federal Agency Representative Date Justus Road (SR 1137), Watauga County WBS No. 11C.095108 PA Tracking No. 15-10-0030 Revised Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007Programmatic Agreement Page 3 of 18 From: Smith, Caleb <chgsmith@ncdot.gov> Sent: Wednesday, March 29, 2023 3:44 PM To: Hining, Kevin J <kjhining@ncdot.gov> Subject: SR 1137 (Watauga) pipes and bridge 290 review Hey Kevin, Last night I did the review for the SR 1137 driveway pipes and bridge 290 replacement. I put a note in the ETRACS Request about how the two pipes and the bridge are located within the area I surveyed previously. I put a copy of the April 2017 No National Register of Historic Places Eligible Sites Present form in the Share Point folder and put a link to it in the ETRACS Request. Let me know if that will work or if you need anything else. Caleb Smith Archaeologist II Environmental Analysis Unit North Carolina Department of Transportation (919) 707-6086 office (919) 606-0768 mobile chgsmith@ncdot.gov 1598 Mail Service Center (Mail) Raleigh, NC 27699-1598 1000 Birch Ridge Drive (Delivery) Raleigh, NC 27610 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter YouTube I 0 VICINITY MAP BEGIN ROJECT Pisgah STA 0 +OO National SCM1urcM1 DC metlevrynt '�t�� „37 Forest „3s S-th Dey Ptiven, r\ Church a� r+om cnmm�n�nn e a „3a „37 TEND PROJECT STA 66+8I.5I BOON LINVILLE Fo:cot � �n�Y�n U Fosco GRAPHIC SCALE 25� PLANS 5� PROFILE (HORIZONTAL) 51� PROFILE (VERTICAL) ROADSIDE ENVIRONMENTAL UNIT DIVISION OF HIGHWAYS STATE OF NORTH CAROLINA 41b. STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS WA TA UGA COUNTY LOCATION. SR 1137 JUSTUS RD FROM END OF PAVEMENT 1.27 MILES TO END OF MAINT. STA 5 + 44 TO E.O.P. 66 + 81.51 -L- STA 00 + 00 TO E.O.P. 6 + 90 -Yl- SEE Project#]7BP.11.R.29 For Roadway Plans Sta 0 + 00 to 5 + 44 TYPE OF WORK: GRADING, DRAINAGE, BASE AND PAVING - 1.29 MILES BEGAN SURVEY: 061,29115 END SURVEY. 04118119 U 8 � La tart It \ IN-Wd La.'y 11 \ THESE EROSION AND SEDIMENT CONTROL PLANS COMPLY WITH THE REGULATIONS SET FORTH BY THE NCG-010000 GENERAL CONSTRUCTION PERMIT EFFECTIVE AUGUST 3, 2011 ISSUED BY THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY. 41S IV (I ct,�mit t �`N1 MPROP. S la 00 PrWored In the Office cf. DIVISION OF HIGHWAYS DIVISION 11, DISTRICT 2 BOONE P.O. BOX 1460, BOONE, N.C. 28607 2018 STANDARD SPECIFICATIONS STATE STATE PROTECT REFERENCE M SHEET SHEETS N'C. I1C."5108 EN 29 STA'1E Pa.- P.AM-Na RESCRI-- EROSION AND SEDIMENT CONTROL MEASURES 1630.05 Temporary Sik DkA m 1630.06 Temp®rary Diver®ion To - 1605.01 Temp®rary Silt 1Fenre 1606.01 Specia➢ Sediment Controo➢ Peace ---- 1622.01 Temporary ]Berms and S➢ape Dra.i- 1630.02 Silt ]Basin Type B 1635.01 Temp®rary R-1 Silt Cheek Type A- - - - - - - - Temp®rary Rork Silt Check Type A, with Matting and Po➢yaerylamide (PAM) - - ----� 1635.02 Temporary Batik Si➢t CAeeh Type-B-- Waffleo Coir lFiLer waffle wattleo C®r Fiber .� Wattle wiactA Po➢yylamide (PM) emp 1634.01 T®rary R-h Sediment D.m Type -A- - - - - - 16U.02 Temporary Roelk Sediment Darn Type-B - 1635.01 R-h ]Wipe In1ei Sediment Trap Typr-A-- ----- 1656.02 R-h ]Wipe Inlet Sediment Trap Type-]B--- U U r1630.04 Stu1➢ung lBasin------------------------_� .06 Specia➢ Stifling ]Basin R.ch Inlet Sediment Trap: 1652.01 Type A ------------------------ A® 163 Type B S® 2M Type C C® Skimmer Basin ---------------------- Tiered Shimmer 1Basin Infiltration lB..in THIS PROJECT CONTAINS EROSION CONTROL PLANS FOR CLEARING AND GRU3SING PHASE OF CONSTRUCTION. ENVIRONMENTALLY SENSITIVE AREA(S) EXIST ON THIS PROJECT Roadway Standard Drawings The following roadway 2agish standards as appear in "Roadway Standard Drawings"- Roadway Design Unit - N. C. Department of Transportation - Raleigh, N. C., dated January 2012 and the latest evison thereto are applicable to this project and by reference hereby are considered a part of these plans. 1604.01 Railroad Erosion Control Detail 1632.01 Rock Inlet Sediment Trap Type e A 1605.01 Temporary Silt Pence 1632.02 Rock Inlet Sediment Trap Type - 1606.01 Special Sediment Control Fence 1632.03 Rock Inlet Sediment Trap Type C 1607.01 Gravel Construction Entrance 1633.01 Temporary Rock Silt Check Type A 1622.01 Temporary -earns and Slope Drains 1633.02 Temporary Rock Silt Check Type 3 1630.01 Riser -asin 1634.01 'temporary Rock Sediment Dam Type A 1630.02 Silt 3asin Type - 1634.02 Temporary Rock Sediment Dam Type 3 1630.03 'temporary Silt Ditch 1635.01 Rock Pipe Inlet Sediment Trap Type A 1630.04 Stilling -.sin 1635.02 Rock Pipe Inlet Sediment Trap Type - 1630.05 Temporary Diversion 1640.01 Coir Fiber 3atlle 1630.06 Special Stilling 3asin 1645.01 Temporary Stream Crossing 1631.01 Matting histallation EROSION CONTROL & PIPE INSTALLATION SCHEDULE Erosion Control Schedule and Notes 1. Generally, the order of installation of the erosion control measures will be as follows: A. Temporary silt basins shall be installed before clearing and grubbing begins. B. Silt fences and temporary silt ditches shall be installed after clearing and before grading. C. Temporary stone ditch checks with PAM or wattles with PAM shall be installed in all disturbed areas as soon as the disturbance begins. D. Final stone ditch checks or wattles shall be installed as soon as ditch line is established. E. Pipe outlet and inlet protection will be done as soon as the pipe is installed. F. Other permanent erosion control measures are to be implemented as soon as practical. 2. Temporary rock silt checks, type B will be spaced by percent grade as shown in the erosion control plan 3. No. 5 stone, or equivalent, will be used in conjunction with the temporary rock silt checks in locations where water is leaving the project or entering a pipe. 4. All devices are to be cleaned out when half full. 5. Establish permanent vegetation per ground stabilization chart. Notes: For silt basin size see the attached erosion control plans. TROUT BUFFER ZONE SEQUENCE GENERAL E&SC NOTES GROUND STABILIZATION CHART PAM is to be placed on all Type A checks and wattles in the erosion control chain except for the final device in HWQ and Trout projects. Wet Pipe Installation Schedule and Notes 1. Prior to installing any E&SC measures identify permit conditions and impact area limits. 2. Install erosion control devices. 3. Manage the water course. The pipe must be placed in the dty. Install dewatering measures. 4. Remove material and existing pipe while limiting, material and sediment from entering stream and escaping the project. 5. Excavation of stream channel shall not exceed 10' on either side of new pipe or culvert unless indicated on permit. 6. Per permit conditions for Corps of Engineers and the Wildlife Resources Commission, all pipes in streams 48"or greater must be buried 12" below streambed elevation. Pipes less than 48"must be buried with 20% of the diameter below streambed elevation. 7. Place the new pipe and compact backfill. 8. Install slope protection on the outlet and inlet ends of the pipe. Also complete installation of erosion control measures and perform maintenance as needed on existing measures. 9. Establish permanent vegetation per ground stabilization chart. 10. More information on wet pipe installation can be found in the BMP manual section 4.2 "Pipe & Culvert installation" GROUND STABILIZATION CHART Site Area Description Stabilization Time Frame Stabilization Time Frame Exceptions Perimeter dikes, swales, ditches and slopes 7 days None High Quality Water Zones 7 days None Slopes steeper than 3:1 7 days If slopes are 10 ft. or less in length and are not steeper than 2:1, 14 days are allowed Slopes 3:1 or flatter 14 days 7 days for slopes greater than 50' in lenght All other areas flatter than 4:1 14 days None (except for perimeters and HQW zones) General Erosion Control Sequence & Notes for NC DOT Projects in Trout Buffer Zones 1. Prior to installing any E&SC measures identify permit conditions and impact area limits. Review trout buffer variance approval conditions for any special provisions. 2. All materials should be on the hand before work is commenced. 3. Install EC devices 4. Work within the buffer zone should be sequenced to minimize the length of time that disturbed areas are exposed. Stream bank stabilization, which includes the area from the edge of water to the top of bank, should be phased so that each day's work is a completed work, including provision of adequate ground cover. 5. Graded slopes and fills within the trout buffer zone will within 7 calendar days of completion of any phase of grading be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. 6. Graded slopes and fills within the trout buffer zone (excluding road shoulders) shall be protected with rolled erosion control product, bonded fiber matrix, or flexible growth medium after seeding. Notes: Silt fence backed by woven wire, with a post spacing of 6 feet, shall be used instead of standard silt fence in trout buffer zone. Special sediment control fence shall be used in areas where bedrock is encountered which prohibits the proper anchoring of fabric, and in low points of the silt fence in 3-foot sections to allow for concentrated flows. The disturbed areas within the stream buffer shall be restored to native vegetation characteristic of an undisturbed buffer to the extent practical upon completion of construction. Flyrock protection such as blast mats should be provided for blasting in close proximity to streams. PAM is to be placed on all Type A checks and wattles in the erosion control chain except for the final device in HWQ and Trout projects. DIVISION OF HIGHWAYS STATE OF NORTH CA RO]LINA1 SOIL STABILIZATION SUMMARY SHEET MATTING FOR EROSION CONTROL CONST SHEET NO. LINE FROM STATION TO STATION SIDE ESTIMATE (SY) 6U TOf AI, 0 MIyGEI.Mf U6 MAffING fO 6E INSfA P A6 OIKE fEO 6Y fNE NGINEEK TOfAI. 0 5AY 0 PERMANENT SOIL REINFORCEMENT MAT CONST SHEET NO. LINE FROM STATION TO STATION SIDE ESTIMATE (SY) 7 -I.- 17.00 19.50 K'f 60 7 -I.- 19.50 24+60.5 KT 70 15 -Y- 2.75 6.00 I.T 240 6U TOTAI, 390 AOO 1 f I OM P69M fO 6E I NSfAI.W TOf AI. 390 5AY 390 DIVISION OF HIGHWAYS STATE OF NORTH CA RO LINA1 SOIL STABILIZATION TIMEFRAMES SITE DESCRI FT ION STABILIZATION TIME T I MEFRAME EXCEPT IONS PERIMETER DIKES, SWALES, DITCHES AND SLOPES 7 DAYS NONE HIGH QUALITY WATER (HOW) ZONES 7 DAYS NONE SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10' OR LESS IN LENGTH AND ARE NOT STEEPER THAN 2:1, 14 DAYS ARE ALLOWED. SLOPES 3:IOR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 50'IN LENGTH. ALL OTHER AREAS WITH SLOPES FLATTER THAN 4:1 14 DAYS NONE, EXCEPT FOR PERIMETERS AND HOW ZONES. COMPUTED BY: J COMBS DATE: PROJECT REFERENCE NO. SHEET NO. CHECKED BY: DATE: �7 IICD95I08 3C STATE OF qyj� DIVISION OF HIGHWAYS LIST OF PIPES, ENDWALLS, ETC. (FOR PIPES 48" UNDER) V Q Z O TYPE B DRAINAGE PIPE (RCP, CSP, CARP, HDDE OR PVC) (UNLESS NOTED OTHERWISE) NEW PIPES EXISTING PIPES LL O M O 00 ° o O m o 00 LL SIZE 12" 15" 18" 24" 30" 36" 42" 72" 12" 15" 18" 24" 30" 36" 42" 72" STATION REMARKS -L3- 7+74 RT 30' ADD PIPE -L3- 8+98 CL 50' ADD PIPE -L3- 19+50 CL 40' ADD PIPE -DR2- 00+17 CL 25' ADD DRIVE PIPE -DRI- 00+17 CL 20' ADD DRIVE PIPE -Yl- 00+54 CL 45' 40' 40' REPLACE WET PIPE -Yl- 3+86 CL 34' 108' 36' 1 1 ONLY REPLACE 36' OF PIPE ADD D.I. -Yl- 4+39 LT 92, 1 1 ADD PIPE AND D.I. -Yl- 5+17 LT 40' DO NOT DISTURB -Yl- 5+59 LT 147' 1 1 ADD PIPE AND D.I. -L- 24+59 CL 35' 32' 32' REPLACE WET PIPE -L- 28+20 CL 40, ADD PIPE -L- 31+76 CL 65' 45' 45' REPLACE WET PIPE -L- 36+90 CL 42' 29' 29' REPLACE WET PIPE -L- 37+83 CL 60' 61' 61' REPLACE WET PIPE -L- 41+33 CL 55' 40' 40' 1 REPLACE WET PIPE ADD JUNCTION BOX -L- 41+21 LT 25' 24' 24' REPLACE PIPE -L- 42+17 RT 115' 50' 150' 1 REPLACE WET PIPE ADD JUNCTION BOX -L- 42+17 LT 45' 39' 39' REPLACE PIPE -L- 42+82 RT 21' 1 ADD WET PIPE AND JUCTION BOX -L- 43+18 RT 36' DO NOT DISTURB -L- 44+37 CL 45' ADD PIPE -L- 46+37 LT 50' 49' 49' REPLACE PIPE -L- 47+99 LT 29' 29' REMOVE PIPE -L- 48+14 CL 45' ADD PIPE -L- 51+52 CL 50' 36' 36' REPLACE WET PIPE -L- 52+67 LT 20' ADD PIPE -L- 53+50 RT 75' ADD PIPE SHEET TOTALS 215' 11 611' 11 330' 11 50' 65' 1 1 63' 137' 336' 141' 36' 45' 610' 3 3 3 COMPUTED BY: J COMBS DATE: PROJECT REFERENCE NO. SHEET NO. CHECKED BY: DATE: �7 IICD95I08 3C-I STATE OF qyj� DIVISION OF HIGHWAYS LIST OF PIPES, ENDWALLS, ETC. (FOR PIPES 48" UNDER) V Q Z O QF- O TYPE B DRAINAGE PIPE (RCP, CSP, CARP, HDDE OR PVC) (UNLESS NOTED OTHERWISE) NEW PIPES EXISTING PIPES LL 7 O M `0 M O m 00 N O ° ;! O m ci 0 o V 00 o 0 SIZE 12" 15" 18" 24" 30" 36" 42" 73" 12" 15" 18" 24" 30" 36" 48" 72" STATION REMARKS -L- 53+85 LT 30' ADD PIPE -L- 55+46 CL 60' 60' 60' REPLACE WET PIPE -L- 57+82 CL 85' 85' REMOVE PIPE -L- 58+05 RT 25' 25' ADD PIPE -L- 59+42 RT 25' ADD PIPE -L- 59+77 CL 40' 40' 40' REPLACE WET PIPE -L- 60+03 LT 35' 33' 33' REPLACE PIPE -L- 61+49 CL 45' 40' 40' REPLACE PIPE -L- 62+51 CL 60' 50' 50' REPLACE PIPE -L- 62+40 LT 20 16' 16' REPLACE PIPE -L- 63+61 RT 40' 40' 40' DO NOT DISTURB -L- 64+55 LT 45' 40' 40' REPLACE PIPE -L- 65+08 CL 45' 40' 40' REPLACE PIPE -L- 66+12 LT 30' 20' 20' REPLACE PIPE SHEET TOTALS 210' 150' 100' 49' 165' 90' 160' 40' 489' PROJECT TOTALS 425' 761' 430' 50 65 112' 302' 426' 301' 36' 40' 45' 1099' 3 3 3 WT0762 o CLARK'S CREEK SEVENTH -DAY ADVENTIST CHURCH Location of Pipe 157 - '00.0s C existing 20'x36" CMP to be replaced with 20'x6'x4' bottomless RCBC C Location of Pipe 127 I 011 O 0 � 1 O O 0 O ^0 Sta. 8+98 to 13+00 Rt NOTE: PLACE PAM ON EVERY OTHER 1 OROCK SILT CHECK TYPE A 6 PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-5 RN/ SHEET NO. OADWAY DESIGN HYDRAULICS ENGINEER ENGINEER WOODS O O � I � x 1 , GRP W�100-141, C.47 ro 31 S� / � O is / JS t QqR�-—' VJT0�59 pis s CREEK ��- is is - \ e0 N 0 \ \ PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-6 RW SHEET NO. ROADWAY DESIGN ENGINEER HYDRAULICS ENGINEER \is 5—�— - - --- — 1- 1c_ PROJECT REFERENCE NO. 11C.095108 RW SHEET NO. SHEET NO. O OO J N N00 O X I No Embankment Construction 7 27f00 to 3/+00 Lt. ° N Rock Ck �° NOTE: INSTALL RIPRAP FOR PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A EROSION CONTROL IN THE PROPOSED DITCH LINE. 0 o \ NOTE: 60 Day Stabilization PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A Sta. 31+68 to 36+96 Lt XDO O INSTALL RIPRAP FOR 9 x 3 x 3 + EROSION CONTROL IN THE OD PROPOSED DITCH LINE. 2 ft. weir ID 8.2 No Embankment Construction Sta 27+00 to 3/+00 Lt. ' ' k oARcOkCKs@ 12 x4 x3 3 ft. weir ID 8.1 30 Day Stabilization Sta.28+33 to 31+83 Rt OADWAY DESIGN ENGINEER 7�� m ENGINEER 0 PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-9 RW SHEET NO. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER ENVIRONMENTALLY SENSITIVE AREA -L- STA 36+95 to 37+71 LT DISTURBED ACRES = 0.02 O O J DLO NOTE: O 0 ROCK SILT CHECK TYPE OTHER TEMPORARY M� o�/'� INSTALL RIPRAP FOR WOODS EROSION CONTROL IN THE 2 — Type A RocK Cks 32' PROPOSED DITCH LINE. 9 x 3 x 3 9 x 3 x 3 WOODS 2 ft. weir ID 9.1 2 ft. weir ID 9.2 Z w x ------ �Q `P N 12 — T e A Rock Cks 41' +7 1y SR I137 JUSTUS \ / +7. P/ \ 1 I \� -- DO NOIT dISjURB - I 42�c MI --- I Gr Drwy \ I I 13 \moo \ 1 I \pia I I I I I I I � 1 1 1 1 1 1 0 0 LO + _ 18 - Type A Rock Cks L,5 54' 00 W + 8.5 % SR //37 JU Z X X X� ST/ic J _ I PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-10 RN/ SHEET NO. ROADWAY DESIGN ENGINEER HYDRAULICS ENGINEER O NOTE: PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A INSTALL RIPRAP FOR EROSION CONTROL I� THE PROPOSED DITCH NE. 9 - -gm-..A We 14 / O � 15A NOTE: oO PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A x X 8.5 X `Gl- - / -4CPS INSTALL RIPRAP FOR ' EROSION CONTROL IN THE ' PROPOSED DITCH LINE. , I —� 9 x3 x3 2 ft. weir ID 10.1 r0 51. / DMP O �L 1 CD 0 co llq- INSTALL RIPRAP FOR FA O O PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-11 RN/ SHEET NO. OADWAY DESIGN HYDRAULICS ENGINEER ENGINEER z 0 3 w y r rn cn V LOU 9 x3 x3 3 ft. weir ID 12.1 v / NOTE: PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A INSTALL RIPRAP FOR EROSION CONTROL IN THE PROPOSED DITCH LINE. t� aft Stream �o o 12 x 4 weir D 12.2 \s 16 - Type C Roc Cks Lo 241 �a INSTALL RIPRAP FOR ) F OSION CONTROL IN THEROPOSED DITCH LINE. NOTE: PLACE PAM ON EVERY OTHER TEMPORARY \� ROCK SILT CHECK TYPE A / o / 0 f 00 00 8 INSTALL RIPRAP FOR EROSION CONTROL IN THE PROPOSED DITCH LINE. C C - Type A Rock ks 29' + NOTE: we9 X 3 X 3 PLACE PAM ON EVERY OTHER TEMPORARY ROCK SILT CHECK TYPE A 3 ft. ir J i 00 ID 12.6 x � 0 x 0 x.5 \ w 4 ft. weir / ID 12.3 5% PROJECT REFERENCE NO. SHEET NO. 11C.095108 EC-12 R,W SHEET NO. OADWAY DESIGN HYDRAULICS ENGINEER ENGINEER 9 3 x 3 3 weir / ----- --- 510� PROPG 60. / O� NOTE: PLACE PAM ON EVERY OTHER D J��e ROCK SILT CHECK TYPE A 2{1 21 4" P 12 x6 x3 4 ft. weir ID 12.4 o \ PRAP FOR JTROL IN THE DITCH LINE. 'It CD INSTALL RIP FOR ++ EROSION CONTRCi,,IN THE O PROPOSED DITCH INE. 25 60 Day Stabilization Sta.60+00 to 61+57 Lt Ln w Z J U a G PROJECT REFERENCE NO. 11C.095108 RN/ SHEET NO. \ \ ROADWAY DESIGN \ \ ENGINEER INSTALL RIPRAP FOR \ \ EROSION CONTROL IN THE ` PROPOSED DITCH LINE. 26 ` HER TEMPORARY \ NOTE: O \ PLACE PAM ON EVERY OTI \ ROCK SILT CHECK TYPE A 60 Day Stabilization XQ Sta. 61+57 to 62+64 Lt (L INSTALL RIPRAP F 9 x 3 x 3 EROSION CONTROL I \TH€ 29 2 ft. weir PROPOSED DITCH L NE. ID 13.3 60 Day Stabilization Sta.62+64 to 65+14 Lt 9 x 3 x 3 \ 2 ft. weir ID 13.4 SHEET NO. ENGINEER PJD Map with Proposed Impacts North I - Pond 3 MA Impact 0.001 acres V6 if fill 0.02 acres of fill T32R Pond AWT3 North UT3 S r� le = E UT2 I Impact perm i - • fAw �JT2 Impact . ._ trm emp UT2- �R t j y. ,2 UiT Ile UT4 UTZ Yam.Zol, 0, � AL o". uJ I SAW-2021-00743 Permit Reverification Information - for reference purposes Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) U New Project O Modification/New Project with Existing ID O More Information Response O Other Agency Comments O Pre -Application Submittal O Re-Issuance\Renewal Request O Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 3/15/2021 Project Contact Information Name: NCDOT Div 11 Kevin Hining Who is submitting the information? Email Address:* kjhining@ncdot.gov Project Information Existing ID #: * Existing Version:* 20210392 1 20170001 (no dashes) 1 Project Name: * WBS 11 C.095108 Justus Rd (SR 1137) Secondary Roadway Improvement Is this a public transportation project?* Yes No Is this a DOT project?* Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)?* Yes •) No U Unknown TIP#: WBS#: 11 C.095108 (Applies to DOT projects only) County (ies)* Watauga Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Justus Rd Reverificaiton Info Packet.pdf 11.48MB Only pdf or kmz files are accepted. Describe the attachments or add comments: Reverification of this project is requested as the previously issued Nationwide Permit will expire and construction is not anticipated to be complete by the expiration. Construction has started. The previously issued 404 and 401 Permits and Application Package are attached. There have been no changes to design or impacts since the previously issued permits and the plans submitted with the original application package remain accurate and valid. Section 7 The original Sec 7 review included several species that are no longer shown for the area. The original review was done using County lists, which showed 11 species, but IPaC only shows 4 listed species, and one proposed species. All of the listed species shown on the newer IPaC review were included with our original Section 7 analysis, and there are still no critical habitats listed for the project area. While some of the trees have been removed, there are trees remaining that will not be removed until later in 2023. Archaeology and Historic Properties There have been no changes to Archaeology and Historic Properties since the previously issued permits. Tribal Coordination The list of tribes with interest in Watauga County has not changed, and all tribes were previously contacted. NCDOT is hereby requesting reverification under Nationwide Permit 14. * 2) By checking the box and signing box below, I certify that: ■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. ■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the online form. Signature: * Submittal Date: Is filled in automatically once submitted. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2021-00743 (Reverification #1) County: Watauga GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Department of Transportation Attn: Mr. Kevin Hining Address: 801 Statesville Road North Wilkesboro, North Carolina 28659 Telephone No.: 336-903-9129 Size and location of property (water body, road name/number, town, etc.): The project is located along a 1.3 mile -long section of SR 1137 (Justus Road) in Watauga County, North Carolina. Description of project area and activity: In order to improve this 1.3 mile section of SR 1137 (Justus Road), the permittee will widen, pave, and relocate the lower portion of this road to a new alignment. Authorized impacts to waters of the U.S.: This project was originally authorized by Nationwide Permit (NWP) 14 verification letter dated September 7, 2021. On November 2. 2022. NCDOT reauested reauthorization of impacts to waters of the U.S. for this project as construction is not complete. There are no changes to the project or proposed impacts to waters of the U.S. As such, the permittee is authorized to impact waters of the U.S. as follows along the 1.3 mile section of road/new alignment for pipe replacements, pipe extensions, and road fill: • Permanent impacts (loss/fill) to a total of 0.038 acre of wetlands • Temporary impacts (dewatering) to a total of 0.002 acre of wetlands • Permanent impacts (loss/fill) to a total of 37 linear feet (If) of streams • Temporary impacts (dewater) to a total of 120 If of streams Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, your submitted application, and the following special conditions: Special Conditions 1. All work must be performed in strict compliance with (a) the description of work in the PCN and (b) the impacts detailed on the Grading, Drainage, Base and Paving Plans that were submitted with the application dated April 6, 2021. Any modification to the description of work and/or the permit plans must be approved by the USACE prior to implementation. SAW-2021-00743, Justus Road -2- 2. Section 106 NHPA compliance: As agreed to with the owner of parcel ID: 1879968391000, the permittee shall install planted buffers to replace vegetation that will be removed during construction. 3. The permittee shall adhere to the requirements of Design Standards in Sensitive Watersheds for this project. 4. The permittee shall ensure that no work is conducted in waters of the U.S. during the period of October 15th to April 15th of any year (Brown Trout moratorium). 5. Section 7 ESA compliance: a. Tree clearing will not take place from May 1 — October 15. Tree clearing during April will only occur when temperatures are above 500 F. b. No new permanent or temporary lighting will be added to the project area. c No night work will occur. d. Prior to project activities, NCDOT will verify the absence of bats and signs of bat use in culverts equal to and greater than 2-feet in diameter, bridges, and rock faces and crevices within the action area. 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this authorization letter in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this authorization letter, all conditions, and any authorized modifications. A copy of this authorization letter, all conditions, and any authorized modifications, shall be available at the project site during construction and maintenance of this project. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide and/or regional general permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide and/or regional general permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 828-296-4500) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. SAW-2021-00743, Justus Road -3- If there are any questions regarding this verification, any of the conditions of the Permit, or the U.S. Army Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271- 7980. �0,'1t/k. 2023.02.02 JguUSACE Regulatory Official: Monte Matthews la -- 06:59:1 1-05'00' Date: February 2, 2023 Expiration Date of Verification: March 14, 2026 Action ID Number: SAW-2021-00743 (Reverification #1) County: Watauga Permittee: NCDOT, Mr. Kevin Hining, Project Name: NCDOT / SR 1137 / Justus Road / Div 11 Nationwide Permit: 14 Date Verification Issued: February 2, 2023 Project Manager: Lori Beckwith Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Lori Beckwith 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the U.S. Army Corps of Engineers suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DocuSign Envelope ID: 2BEA3058-6A11-4501-AA8E-5C074436B4D7 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 5, 2022 Watauga County NCDWR Project No. 20210392v2 Justus Road (SR 1137) WBS Element: I IC.095108 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Kevin Hining NCDOT, Division 11 Environmental Officer 801 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Hining: You have our approval, in accordance with the conditions listed below, for the following impacts to replace pipes in UTs to Clark Creek on Justus Road in Watauga County. This is a reissuance/reverification. Stream Impacts in the Watauga River Basin Site Permanent Fill in Perennial Stream (linear ft) Temporary Fill in in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) Culvert/Pipe Dewatering 1 3 20 23 - 2 20 20 40 - 3 (-1) 10 10 - 4 1 10 11 - 5 14 20 34 - 6 - 20 20 - 7 - 20 20 - Totals 37 120 157 - Total Stream Impacts: 157 linear feet Grp''w' urk� �P North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 2BEA3058-6A11-4501-AAK-K074436134D7 Wetland Impacts in the Watauga River Basin Riverine . Site Fill (ac) Excavation (ac) Dewatering (ac) Mechanized Clearing (ac) Wetland Impacts Requiring Mitigation (acres) W 1 0.01 - - - - W2 0.006 - - - - W2a 0.001 - 0.001 - - W3 0.02 - - - - W3a 0.001 - 0.001 - - Totals 0.038 - 0.002 - - Total wetland impact for project: 0.040 acres The project shall be constructed in accordance with your application dated received November 1, 2022, and previous application for original Certification dated April 6, 2021. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Corps Nationwide Permit 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. 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 NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Placement of pipes/culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [ 15A NCAC 02H.0501 and .0502] General Conditions 1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200] 2. 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. [15A NCAC 02H.0506(b)(2)] 3. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] -�) LE Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 2BEA3058-6A11-4501-AA8E-5C074436B4D7 4. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. 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 shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 7. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 8. 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. [15A NCAC 02H.0506(b)(3)] 9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 11. 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 and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 0213.0200] 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 13. A copy of this Water Quality Certification shall be maintained 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 15. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT project engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 16. 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, or access roads to 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. [ 15A NCAC 02H.0506(b)(3) and (c)(3)] ENorth Carolina Department of Environmental Quality I Division of Water Resources L 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 2BEA3058-6A11-4501-AA8E-K074436134D7 17. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]): 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. 18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Dave Wanucha at 336-403-5655 or dave.wanuchakncdenr.gov if you have any questions or concerns. Sincerely DocuSigned by: Richard . R�riector Division of Water Resources ENorth Carolina Department of Environmental Quality I Division of Water Resources L 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 2BEA3058-6A11-4501-AA8E-K074436134D7 Electronic copy only distribution: Kevin Hining, NCDOT Environmental Officer Division 11 Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Rebekah Reid, US Fish and Wildlife Service David McHenry, NC Wildlife Resources Commission File Copy ENorth Carolina Department of Environmental Quality I Division of Water Resources L 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 2BEA3058-6A11-4501-AA8E-5Co74436B4D7 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NCDWR Project No.: Applicant: Project Name: NORTH CAROLINA Environmental Quality Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Completed hard copies can be emailed to kristil ny n.carpenterkticderingov or mailed to: NCDEQ Transportation Permitting 1617 Mail Service Center Raleigh NC 27699-1617 ,-D,r .v y E North Carolina Department of Environmental Quality I Division of Water Resources �r %4 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 SAW-2021-00743 Original Permit Information - for reference purposes DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 26, 2020 Ver 3.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edoes. deq. n e.gov/WaterResou rces/0/ed oc/624704/PCN % 20 Help / 20F i le / 202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Watauga Is this a NCDMS Project* r Yes r No Click Yes, only if NCDlvS is the applicant a co -applicant. Is this project a public transportation project? O Yes f No This is arry publicly funded by rrunicipal,state a federal funds road, rail, airport transpafabm project. Is this a NCDOT Project?* c Yes r No (NCDOT only) T.I.P. or state project number: WBS#* 11C.095108 (fa N=use aiy) la. Type(s) of approval sought from the Corps:* IJ Section 404 Permit (wetlands, streams and waters, Clean Water Act) G Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1 b. What type(s) of permit(s) do you wish to seek authorization?* rJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* f Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): List all NJVnurbers ycu are applying fa not m the drop dawn list. 1d. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization Individual Permit Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to viewthe form. ID# 20210392 Pre -fling Meeting or Request Date 3/15/2021 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf le. Is this notification solelyfor the record because written approval is not required? .............................................. .................... .................... For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: 1f. Is this an after -the -fact permit application?* C Yes C No Version 1 56.77KB ............................................. * f•Yes F No •Yes F No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from ratigadon bank a in -lieu fee program r Yes F No Acceptance Letter Attachment Oickthe upload button a drag and drop files here to attach dccurrent RLEiYFEMJSTBEFDF 1 h. Is the project located in any of NC's twenty coastal counties?* r Yes (- No 1j. Is the project located in a designated trout watershed?* C Yes r No You must submit a copy of the appropriate Wildlife Resource Commission Office. Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Progra"Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* NCDOT - Kevin Hining Div 11 DEC, 1c. Primary Contact Phone:* 1b. Pri mary Contact Email:* (xxx)xxx-xxxx kjhining@ncdot.gov (828)386-7202 1d. Who is applying for the permit? W Owner ❑ Applicant (other than owner) (Check all that apply) le. Is there an Agent/Consultant for this project?* r' Yes c No 2. Owner Information 2a. Name(s) on recorded deed:* NCDOT 2b. Deed book and page no.: 2c. Responsible party: (fa Corpvations) 2d. Address* Sheet Address 801 Statesville Road Address Line 2 Qty State / Aovince / Pegicn North Wilkesboro NC Fbstal / Zp Code Country 28659 USA 2e. Telephone Number:* (xxx)xxx-xxxx (828)386-7202 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* kjhining@ncdot.gov C. Project Information and Prior Project History 1. Project Information lJ 1a. Name of project:* SR1137 / Justus Road Improvement Project 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: * Boone 2. Project Identification U 2a. Property Identification Number: 2b. Property size: (tax RN a parcel ID) (in acres) 2c. Project Address Street Address Address Line 2 aty State / Aovince / Pe3icn Postal / Zp Code Country 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 36.181277-81.778175 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Clark Creek 3b. Water Resources Classification of nearest receiving water:* Class C Surface Water Lookup 3c. What river basin(s) is your project located in?* Watauga 3d. Please provide the 12-digit HUC in which the project is located.* 060101030303 River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Justus Rd. is best described as a narrow, dirt/gravel road, that is very steep in certain portions. The land use is a fairly even mix of forested hardwoods and residential. The road extends up a mountain side to a large, private development that is on top of the mountain. Justus Road is the only way to access this development. As a result of the shear volume of houses, and limited access to them, the road receives a surprisingly high level of traffic. Also, due to the steep grade and gravel/dirt substrate, the streams paralleling the road contain a high volume of gravel and fine particulates. There is also a fair amount of runoff from a couple small impoundments, residential driveways, etc. that frequently runs onto and across the road, furthering potential impacts from fine sediments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? r Yes F No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 181.92KB Click the upload button a drag and drop files here to attach document SR 1137 Justus Rd (Watauga Cc) Topo Map.pdf File type rrust be pdr 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button a drag and drop files here to attach document File type rrust be pdr 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 4h. Explain the purpose of the proposed project:* Purpose of project is to widen and pave Justus Road. The project will also involve a partial re -alignment of Justus Rd at the lower end. This realignment will allow the main volume of traffic to bypass a tight constriction in the road, where the road is pinched between a manmade rock wall and a house. The portion of Justus Road that will be routed around with the new alignment will be improved as a dead end road, providing access to several residential dwellings. As a result, the project is composed of a L line (newly aligned lower end of Justus Road coupled with the emsting upper portion), as well as a Y line (the lower end of the current Justus Road, that will be improved up to a point in the road where state maintenance will end). This work will improve motorist safety, and reduce overall maintenance needs. The project should also have a positive impact on aquatic resources by reducing the runoff of fine sediments fromthe gravel/dirt road substrate, and increasing buffers between the road and stream. The work will also allow us to upgrade several old culverts. Finally, there is a fair amount of water that consistently runs along, on, and across the road (primarily from residential driveways, two large roadside impoundments, and a leaking waterline). Taking this runoff and piping it into the stream will get it off the road, lessening potential sediment impacts and thermal heating. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will realign the lower portion of Justus Road, leaving a 0.1 mile Y-line section of the existing Justus Road that will dead-end, but provide an access to several houses. A new portion of Justus Road will cut through a hillside and then rejoin the existing Justus Road. This new alignment section of Justus Road will be 0.3 miles in length. The project will continue up Justus Road from the intersection with the new alignment to the end of state maintenance, 0.9 miles up the road. The Y-line work will involve filling a small portion of an existing wetland (fill <0.01 acres), extending a pipe that carries seepage from this same wetland, and improving stormwater measures to better handle runoff, as well as leakage from an adjacent pond and waterline that are currently running alongside the gravel road. The newly aligned section of Justus Road will involve placing fill in a small portion of an existing wetland (0.01 acres; the same wetland impacted by the Y-line). No otherjurisdictional impacts will occur, but clearing and grading of the hillside will be required in order to create this new section of road. The upper portion of Justus Road, from the new alignment section to the end of road maintenance, will involve the replacement of 7 pipes that carry jurisdictional waters (6 carry perinneal streams and 1 carries seepage from a wetland), as well as the replacement of 150' pipe system with a 151' pipe system that feeds a private impoundment. This 151' pipe system upgrade will also help collect stormwater that currently flows over the road. This section of road improvement will also involve the replacement and upgrade of several stormwater and driveway pipes. Overall, the work will involve the disturbance and clearing of approximately 9 acres of land. Typical road building equipment such as dump trucks, dozers, and paving equipment will be used. Percussion equipment, and possibly explosives, will be used to break and excavate rocky hillsides when needed. 4j. Please upload project drawings for the proposed project. Oickthe upload button a drag and drop files hereto attach document File type rrust be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r' Yes Comments: r No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved f Not Verified r Unknown F N/A Corps AID Number: Exarrple: SAW-2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: f Unknown 5d1. Jurisdictional determination upload Oickthe upload button a drag and drop files here to attach document File type rrust be FLF 6. Future Project Plans 6a. Is this a phased project?* C Yes r• No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands r Streams -tributaries r' Buffers r Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". u 2a1 Reason*(?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Fill for L line road P Unknown no name No Both 0.010 widening (acres) W2 Fill for Y1 road widening P Unknown no name No Both 0.006 (acres) W2A pipe extension P Seep �no name No Both 0.001 (acres) W2A pipe extension T Seep �no name No Both 0.001 (acres) W3 Reconstructing the ditch P Unknown name No Both 0.020 it is in �no (acres) W3A pipe extension P Seep no name No Both 0.001 (acres) W3A pipe extension T Seep no name No Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.002 2g. Total Permanent Wetland Impact 0.038 2g. Total Wetland Impact 0.040 2h. Comments: The wetland areas marked as W1 and W2 will result in a total loss. Both areas are part of a larger wetland, totaling 1 /4 acre in six, which will remain intact. Seepage from W2 flows into a pipe that will be replaced and extended. Total new permanent and temporary impacts fromthis pipe replacement are <0.001 acres. W3 is currently sitting in a roadside ditch that cars frequently drive into. We will better define this ditch and buffer it from the new roadway. The wetland will hopefully reestablish itself after the project is completed. Seepage from W3 flows into a pipe that will be replaced and extended. Total new permanent and temporary impacts from this pipe replacement are <0.001 acres. The pipes at W2A and W3A will not be buried, since they contain seepage from a wetland and burying the pipes may lead to a headcut. Furthermore, both are fairly steep (3.8 % and 4.0%, respectively). 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact*(?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact M Jurisdiction* length* S1 pipe e replacement Permanent Fill UT1 Perennial Both 1 3 Avaage (feet) (linear feet) 3P pipe replacement Temporary Dewatering UT1 Perennial Both 1 20 Average (feet) (linear feet) S3 pipe e replacement Permanent Fill UT2 Perennial Both 4 20 Average (feet) (linear feet) S4 pipe replacement Temporary Dewatering UT2 Perennial Both 4 20 Average (feet) (linear feet) S5 pipe replacement Permanent Fill UT3 Perennial Both Average (feet) (linear feet) S6 pipe replacement Temporary Dewatering UT3 Perennial Both 1 10 Average (feet) (linear feet) g7 pipe system replacement Permanent Fill UT3 Perennial Both 1 1 Avaage (feet) (linear feet) gg pipe system replacement Temporary Dewatering UT3 Perennial Both 1 10 Average (feet) (linear feet) S9 pipe e replacement Permanent Fill UT2 Perennial Both 3 14 Average (feet) (linear feet) S10 pipe replacement 7 Temporary Dewatering ff7777 Perennial Both 3 20 Average (feet) (linear feet) S11 pipe replacement 7 Temporary Dewatering UT2 Perennial Both 2 20 Average (feet) (linear feet) �72�pipe replacement Temporary Dewatering UT4 Perennial Both 1 20 Average (feet) (linear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 37 3i. Total temporary stream impacts: 120 3i. Total stream and ditch impacts: 157 3j. Comments: None of these pipes will be buried, as all are > 4.0 % slope, with several > 7.5 % slope. In addition, the majority are laid over bedrock. Due to the amount of rock in the stream, we will be able to place the outlet of all pipes onto existing rock, to help ensure scouring of the streambed doesn't occur. We will dewater for all wet pipe replacements. An impervious sandbag dike will be constructed upstream of the existing pipes to create a small pool. Clean water will temporarily be pumped around the construction areas and will be discharged downstream. Any dirty water located inside of the construction areas will be pumped into a silt bag if necessary. Once the new pipes are in place, the impervious dikes will be removed and preconstruction streambed elevations will be restored. When possible, we will dewater 10' at the inlet and outlet of each pipe. However, we will only be able to dewater on the inlet side of two of the pipes (S6 and S8 on the impact summary table), as the pipe outlet discharges directly into a receiving stream. In these areas, we will pump the clean water directly into the receiving stream. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Proposed pipe replacements and extensions have been reduced to the shortest possible design to adequately construct the roadway. While these pipe extensions will increase the length of the stream piped, it will also increase the buffer between the roadway and the stream. In addition, the roadbed will be shifted away from the stream, which will also improve the buffer width between the roadway and the stream. The increased length of stream being piped could, in some cases, impede aquatic passage. However, all of these streams are very steep, so hopefully the increase in pipe lengths will not significantly handicap aquatic passage. Also, the most recent NCWRC fish surveys (2012) suggested that the majority of the waters impacted by the project are fishless. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* All appropriate BMP's will be used during construction. Work will occur in a linear fashion, and completed portions of the project will be stabilized as quickly as possible as the job progresses. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? C Yes F No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Our hopes are that mitigation is not needed for this project. The wetland impacts are very small (< 1/10 an acre), and all permanent impacts are being limited to the amount necessary to construct the roadway. Currently, the stream is full of gravel from the roadway and there are little to no buffers between adjacent wetlands and streams. The new permanent impacts are needed to improve the stream quality by adding additional buffers between the roadway and adjacent jurisdictional resources. Furthermore, paving the roadway will eliminate the constant source of gravel and gravel dust that runs into the creek after each moderate to heavy rain. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) u *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes F No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Not a protected area with regard to the NC Riparian Buffer Protection Rules 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes s' No Comments: NPDES forms will be completed weekly, or within 24hrs of any 1" rain event. Agency Roadside Environmental Staff and the Division Environmental Officer will visit the project at least once a month to look for any environmental issues and to ensure all erosion control methods are being properly installed, monitored, and maintained. G. Supplementary Information U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? r Yes r No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes C No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House? (If so, attach a copyof the NEPAor SEPAfinal approval letter.)* (-- Yes r No NEPAor SEPAFinal Approval Letter Oickthe upload button a drag and drop files here to attach docurrent SR1137_Justus Road MCDC.pdf 189.96KB FILEiYFE MUST BE FDF 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * c- Yes r- No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes (-- No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a.Issewage disposal required byDWRforthis project?* r Yes F' No f N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes C No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes No 5d. Is another Federal agency involved?* r Yes C No r Unknown What Federal Agency is involved? USACE 5e. Is this a DOT project located within Division's 1-8?* r Yes F No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes f No 5g. Does this project involve bridge maintenance or removal?* 0 Yes 0 No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-1,0-17-signed_NLEB-SLOPESRapps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?'* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* r Yes r No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property. Oickthe upload button a drag and drop files here to attach docurrent File must be FLF 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* NC Natural Heritage Program Data Explorer Consultation Documentation Upload Oickthe upload button a drag and drop files here to attach docurrent project_ repo rt__justus_rd_maintenance_proje_29665_29665.pdf 3.1 MB File type crust be FLF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? r Yes r- No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.neder.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina historyand archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCDOT Human Environment Staff, Historic Preservation Database, Tribal Correspondence. Note - An Effects Required ForrrJConsultation will be necessary since the lower portion of the project is within the Clarks Creek Historic Rural District 7c. Historic or Prehistoric Information Upload Click the upload button a drag and drop files here to attach docurrent SR 1137 (Watauga) No Survey form 2020.pdf 2MB 15-10-0030Resu bNeed Effects. pdf 379.49KB NCDOT Catawba notification - Justus Rd, Watauga Co.pdf 22.79KB NCDOT Cherokee Nation notification - Justus Rd, Watauga Co..pdf 53.77KB NCDOT EBCI notification - Justus Rd, Watauga Co..pdf 53.73KB NCDOT Muscogee notification - Justus Rd, Watauga Co..pdf 53.65KB NCDOT UKBCI notification - Justus Rd, Watauga Co..pdf 53.79KB Clarks Creek Rural Historical District and location of historical buildings associated with new road alignment.pdf 93.56KB File must be FLF 8. Flood Zone Designation (Corps Requirement) Link to the FEMAFIoodplain Maps: https://rrse.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year flood plain? r Yes F No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Miscellaneous Comments Rather than provide station numbers for all of the impacts, I have instead provided notes on the erosion control plans that show the location of the impact and define what the impact is. I hope this will be more interactive/easier to navigate. Also, since this project requires an effects consultation for historic architecture, the erosion control plans have also been modified to show all of the historic parcels in relation to the proposed impacts. The erosion control plans do not showthe boundaries of the Clark's Creek Rural Historic District, however, I have attached a separate map that shows those boundaries in relation to the project. Please let me know if you need any additional information, or if you prefer the information in a different form. Miscellaneous attachments not previously requested. Oickthe upload button a drag and drop files here to attach docunent Justus Rd PCN letter.pdf 205.92KB Justus Rd Erosion Control Plans with JS impacts and Sec 106 info.pdf 5.25MB File must be FLF a IMIZ Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Kevin Hining Signature * Date 4/6/2021 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2021-00743 County: Watauga GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Department of Transportation Attn: Mr. Kevin Hinin2 Address: 801 Statesville Road North Wilkesboro, North Carolina 28659 Telephone No.: 336-903-9129 Size and location of property (water body, road name/number, town, etc.): The proiect is located alone a 1.3 mile -lone section of SR 1137 (Justus Road) in Watauga County, North Carolina. Description of project area and activity: In order to improve this 1.3 mile section of SR 1137 (Justus Road), the permittee will widen, pave, and relocate the lower portion of this road to a new alignment. Authorized impacts to waters of the U.S.: The permittee is authorized to impact waters of the U.S. as follows alone the 1.3 mile section of road/new alignment for pipe replacements, pipe extensions, and road fill: • Permanent impacts (loss/fill) to a total of 0.038 acre of wetlands • Temporary impacts (dewatering) to a total of 0.002 acre of wetlands • Permanent impacts (loss/fill) to a total of 37 linear feet (If) of streams • Temporary impacts (dewater) to a total of 1201f of streams Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, your submitted application, and the following special conditions: Special Conditions 1. All work must be performed in strict compliance with (a) the description of work in the PCN and (b) the impacts detailed on the Grading, Drainage, Base and Paving Plans that were submitted with the application dated April 6, 2021. Any modification to the description of work and/or the permit plans must be approved by the USACE prior to implementation. 2. Section 106 NHPA compliance: As agreed to with the owner of parcel ID: 1879968391000, the permittee shall install planted buffers to replace vegetation that will be removed during construction. The permittee shall adhere to the requirements of Design Standards in Sensitive Watersheds for this project. CESAW-RG-A SAW-2021-00743 -2- 4. The permittee shall ensure that no work is conducted in waters of the U.S. during the period of October 15" to April 15" of any year (Brown Trout moratorium). Section 7 ESA compliance: If the permittee later determines that the use of artificial lighting for night work will be necessary to construct the project, the permittee shall contact the USACE immediately and will not proceed with the use of artificial lighting for night work until the USACE has reinitiated and completed consultation with the USFWS. Section 7 ESA compliance: If the permittee later determines that they will install artificial lighting in the action area for any reason (e.g., permanent bridge lights, flashing lights, etc.), the permittee shall contact the USACE immediately and will not proceed with the use of artificial lighting for night work until the USACE has reinitiated and completed consultation with the USFWS. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this authorization letter in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this authorization letter, all conditions, and any authorized modifications. A copy of this authorization letter, all conditions, and any authorized modifications, shall be available at the project site during construction and maintenance of this project. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide and/or regional general permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide and/or regional general permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 828-296-4500) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. CESAW-RG-A SAW-2021-00743 -3- If there are any questions regarding this verification, any of the conditions of the Permit, or the U.S. Army Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271-7980. # Date: 2021.09.07 USACE Regulatory Official: Scott Jones 5° 08:59:30-04'00' Date: September 7, 2021 Expiration Date of Verification: March 18, 2022 CESAW-RG-A SAW-2021-00743 -4- Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the USACE district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the USACE and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Action ID: SAW - Basis for Determination: N/A for a PJD. See attached PJD form. Remarks: E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). If you object to this determination, you may request an administrative appeal under USACE regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 CESAW-RG-A SAW-2021-00743 -5- M PHILIP.A. SHANNINAUSACE.ARMY.MIL In order for an RFA to be accepted by the USACE, the USACE must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A for PJDs. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Date: 2021.09.07 USACE Regulatory Official: Scott Jones �( 09:00:08-04'00' Issue Date of JD: September 7, 2021 Expiration Date of JD: N/A for PJDs Action ID Number: SAW-2021-00743 County: Watauga Permittee: NCDOT, Mr. Kevin Hining, Project Name: NCDOT / SR 1137 / Justus Road / Div 11 Nationwide Permit: 14 Date Verification Issued: September 7, 2021 Project Manager: Lori Beckwith Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Lori Beckwith 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the U.S. Army Corps of Engineers suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Kevin Hining File Number: SAW-SAW-2021-00743 Date: September 7, 2021 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION i E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.miVMissions/CivilWorks/Res4ulatoiyProgramandPennits.aspx or U.S. Army Corps of Engineers(USACE) regulations at A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the USACE's Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the USACE's Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the USACE to accept an approved JD. Failure to notify the USACE within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the USACE's Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the USACE regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the USACE district for further instruction. Also you may provide new information for further consideration by the USACE to reevaluate the JD. CTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the USACE memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the USACE may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Phillip Shannin, Administrative Appeal Review Officer Lori Beckwith CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 1OM15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to USACE personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: Lori Beckwith, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proff' 'ered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2 ROY COOPER Governor DIONNE DELLFGATTI Secretory S. DANIEL SMITH oirector NORTH CAROLINA Environmental Quality May 12, 2021 Watauga County NCDWR Project No. 20210392 Justus Road (SR 1137) Road, Pipe Improvements APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Kevin Hining NCDOT Division 11, DEO 801 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Hining: You have our approval, in accordance with the conditions listed below, for the following impacts to replace pipes in UTs to Clark Creek on Justus Road in Watauga County. Stream Impacts in the Watauga River Basin Site Permanent Fill in Perennial Stream (linear ft) Temporary Fill in in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) Culvert/Pipe Dewatering 1 3 20 23 - 2 20 20 40 - 3 (-1) 10 10 - 4 1 10 11 - 5 14 20 34 - 6 - 20 20 - 7 - 20 20 - Totals 37 120 157 - Total Stream Impacts: 157 linear feet North Carolina Department of Environmental Quality j Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROUNA o.,rb_t/"� 919.707.9000 DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2 Wetland Impacts in the Watauga River Basin (Riverine). Fill Excavation Site (ac) (ac) W 1 0.01 - W2 0.006 - W2a 0.001 - W3 0.02 - W3a 0.001 - Totals 0.038 - Dewatering (ac) 0.001 0.001 0.002 Mechanized Clearing (ac) Total wetland impact for project: 0.040 acres Wetland Impacts Requiring Mitigation (acres) The project shall be constructed in accordance with your application dated received April 6, 2021. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Corps Nationwide Permit 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. 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 NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Placement of pipes/culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether a permit modification will be required. [I 5A NCAC 02H.0506(b)(2)] 2. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] General Conditions 1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200] 2. 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. [15A NCAC 02H.0506(b)(2)] 3. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] D North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617 NORTH CAROL3NA oewm.ert ar imm�r,i o�.wy 919.707.9000 DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2 4. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. 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 shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 7. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 8. 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. [15A NCAC 02H.0506(b)(3)] 9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 11. 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 and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 13. A copy of this Water Quality Certification shall be maintained 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 15. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT project engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 16. 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, or access roads to 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 17. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]): DNorth Carolina Department of Environmental Quality I Division of Water Resources . E Q7> 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617 NORTH CA... oemd_& �1­--4 919.707.9000 DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2 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. 18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Dave Wanucha at (336) 403-5655 or dave.wanucha@ncdenr.gov. Sincerely, DOCUSigned by: 9C9886312DCD474.. a. t)anlet amnn, Director Division of Water Resources Electronic copy only distribution: Loretta Beckwith, US Army Corps of Engineers, Asheville Field Office Janet Mizzi, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy DNorth Carolina Department of Environmental Quality I Division of Water Resources . E Q7> 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617 NORTH CA... oemd_& en1­--4 919.707.9000 DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2 ROY COOPER Governor DIONNE DELLFGATTI Secretary S. DANIEL SMITH Director NCDWR Project No.: NORTH CARCLINA Environmental Quality County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. D �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617 rvoarwcnaouNn —rt—naeE�n���mio�.� /"� 919,707.9000