20051398 Ver 1_Complete File_20050725

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 1, 2005
DWQ# 05-1398
Catawba County
Mr. Glenn Pattishall
City of Newton Planning Department
P.O. Box 550
Newton, NC 28658
Subject: McLin Creek Culvert, Keisler Road, Newton, Catawba County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr_ Pattishall
You have our approval, in accordance with the attached conditions and those listed below, to impact
156 linear feet (If) of perennial stream (McLin Creek) in order to construct a road crossing in Catawba County,
as described in your application received by the Division of Water Quality (DWQ) on July 25, 2005. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This
General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter, and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. The planting of native vegetation and other soft streambank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the stream bed, unless approved by the DWQ.
4. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so thalo
violations of state water quality standards, statutes, or rules occur. °Q Carolina
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
lntemet h2o.enrstate.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 5TIo Recycled/10% Post Consumer Paper
5. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Pease-send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion :form.
7. Continuing Compliance. The City of Newton shall conduct all activities in a manner so as not to -contravene
any state water quality standard (including any requirements for compliance with section 303(d) of the Clean
Water Act) and any other-appropriate -requirements of state and federal law. If DWQ determines that such
standards orlaws.are not being met (including the failure to sustain a designated or-achieved ruse) or that
state orfederal law is.being violated, or that further conditions are necessary to assure compliance., DWQ
may,reevaluate and nodify.this certification to include conditions appropriate -to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H.0507(d). ;Before codifying the certification,
DWQshall -notify -.the-,City, of Newton and the US Army-Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new-or revised conditions shall be provided to the City of Newton in writing, shall be
provided to the United =States Army Corps of Engineers for reference in any ;permit -issued pursuant to Section
404 of the Clean -Water Act, -and shall also become conditions of the 404 Permit for the ;project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act <within -60 days of the date that you receive this letter. To :ask for a hearing, send a written petition that
conforms to Chapter'150B.of the 'North Carolina General "Statutes to the Office of Administrative Hearings, 6714
'Mail Service Center, :Raleigh, N.C. 27699-6714. This :certification and its conditions are final and =binding -unless
you ask for a hearing.
This -letter Completes the review of the Division of Water Quality under -Section 401 of the Clean Water Act.
1f you have any questions, ;please telephone Mr. Barry Love in the Mooresville Regional Office at 704663-1699
or Ms. Cyndi -Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely
Attachments
cc: Army-Corps-of Engineers, Asheville
Cyndi:Karoly, Wetlands Unit
Central Files
Marco Hilhorst -WK Dickson
/21
forAlan _ Klimek, P. E.
SEP 9 2005
DENR - WATER QLJALM
WETLANDS AND STORMWATER BR' ANCH
O?O? W AT 4zRpG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 1, 2005
DWQ# 05-1398
Catawba County
Mr. Glenn Pattishall
City of Newton Planning Department
P.O. Box 550
Newton, NC 28658
Subject: McLin Creek Culvert, Keisler Road, Newton, Catawba County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pattishall:
You have our approval, in accordance with the attached conditions and those listed below, to impact
156 linear feet (If) of perennial stream (McLin Creek) in order to construct a road crossing in Catawba County,
as described in your application received by the Division of Water Quality (DWQ) on July 25, 2005. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This
General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. The planting of native vegetation and other soft streambank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the stream bed, unless approved by the DWQ.
4. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so tha no
violations of state water quality standards, statutes, or rules occur. Noatura!lnna
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
5. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
6. Upon completion of the project, the applicant shall complete and Water the enclosed Please send photographs of
Completion" form to the 401 /Wetlands Unit of the NC Division o Quality. the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form. as not to contravene
7. Continuing Compliance. The City of Newton shall con duct l for compliance wt h section 303(d} of the Clean
any state water quality standard (including any require P
Water Act) and any other appropriate requirements of state and federal law. If DWQ 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, DWQ
may reevaluate and modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification,
DWQ shall notify the City of Newton and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity ??? to the City of Newton in wr t ng, 's ha I be
provided
NCAC 2H.0504. Any new or revised conditions shall
provided to,the United States Army Corps of Engineers for reference in any permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. hearing. You
If you do not accept any of the conditions of this certification, you may a ask for an adjudicatory
written petition that
must act within 60 days of the date that you receive this letter. To ask for 9
conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing. Clean This letter completes the review of the Division of Water Quality under Sect Regional Off thee at 704-6ater Ac .
If you have any questions, please telephone Mr. Barry Love in the Mooresvill g'
or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
Marco Hilhorst - WK Dickson
Triage Check List
Date:
To:
8/10/05
Project Name: City of Newton - McLin Creek Culvert
DWQ#: 05-1398
County: Catawba
Alan Johnson, Mooresville Regional Office
60-day Processing Time: 8/8/05 -10/6/05 - V
From: Cyndi Karoly Telephone : [phone]
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
0,5-1.3 9:8
WIC
community infrastructure consultants ^ ?/J(?
D
AUG 1 0 2005
August 8, 2005 DENR _ WATER QOgLtN ??`??/? E???
' j AND STORl4kiR BRANCH RECEIVED
L Ft-?- ruz%
Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh-,NC-275'22- --- ----
Dear Ms. Karoly,
Enclosed you will find a replacement check in the amount of $475 for DWQ Project Number 2005-1398. This
check is to serve as payment for permitting fees associated with the City of Newton, McLin Creek Culvert in
Catawba County, NC. We are sorry for the error in payment. Should you require anything else, please don't
hesitate to contact me at [phone] extension 115.
Best regards,
W.K. Dickson & Co., Inc.
Aet,., c. Avl,?
Marco Hilhorst
Staff Scientist
Encl.
3101 John Humphries Wynd
Raleigh, NC 27612
Tel. [phone]
Fax [phone]
www.wkdickson.com
North Carolina • South Carolina • Georgia • Florida
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 27, 2005
Catawba County
DWQ # 2005-1398
CERTIFIED MAIL
WK Dickson
Attn: Marco Hilhorst
3101 John Humphries Wynd
Raleigh, NC 27612
.li rr-T
-'';
s ,
Dear Mr. Hilhorst:
On 7/25/05, the Division of Water Quality received your application on behalf of the City of Newton McLin
Creek Culvert for 401 Water Quality Certification in Catawba County, North Carolina. Please note that
beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401
applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than
150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams,
the fee is $475. In order for DWQ to begin review and process your request, you will need to send a check in
the appropriate amount made payable to the N.C. Division of Water Quality. Your check is being returned for
correction of payment amount. Please reference the above DWQ # on all future correspondence. The project
has been placed on hold pending receipt of payment.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
Cyndi Karoly
Enclosure: Check # 37919 for $200.00
CC: File Copy
Central Files
20051398 City of Newton McLin Creek_retu for paymt
P" A
E:
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (hU:// 12o.tnr.state.nc.usritcwetlands)
Customer Service #: 1-877-623-6748
F
W.K. DICKSON & CO., INC.
ph CONSULTING ENGINEERS
616 COLONNADE DRIVE
CHARLOTTE, NC 28205
[phone]
PAY Two Hundred and 00/100 Dollars
RBC CENTURA BANK 3 7 9 1 9
66-85-531
July 18, 2005
AMOUNT $200.00
W.K. DICKSON & CO., INC.
37919
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
City of Newton/McLin 7/18/05 0065263 200.00 0.00 0.00 200.00
North Carolina Division of Water Quality
Totals 200.00 0.00 0.00 200.00
2 3
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20051398
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ALE2T51A511 OF TRANSMITTAL iffDICKSON
IDENR.wATPR ftALITY community infrastructure consultants
WETLANDS ANDSTRaiflWfl07R
n lMmp ries Wynd Raleigh, North Carolina 27612 919.782.0495 tel. [phone] fax
TO: m e DVS n. of VVa-Eer 0," f I
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ATTENTION: 4o I/ uwtt l ands unit
OC
DATE: -T721
RE: (14M Of Mewflh
We are sending via: ? Overnight ® Regular Mail ? Pick-up ? Hand Delivered
The following items: ? Correspondence ? Plans ? Specifications ® Other as listed below:
COPIES DATE NO. DESCRIPTION
7 econ (, 1'W No 'R cAf I bn fW
Ne W ton Ivtt VYI ret k CW ve v4-
S eam i 11

2-00 ec - 'ca 'o n e,

THESE ARE TRANSMITTED as checked below:
? For Approval ? As Requested ? Approved as Submitted ? Returned for Corrections
? For Your Use For Review and Comment ? Approved as Noted ? Forward to Subcontractor
REMARKS:
COPY TO: 40343 OO F'f I SIGNED:
Y CITY OF
HEART OF CATAWSA COUNTY" PO Box 550• Newton NC 28658•[phone] Fax[phone]
"THE
Julyl8, 2005
U.S. Army Corp. of Engineers
C/O Amanda Jones
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, NC 28801-5006
To Whom It May Concern:
# 1 j q
a , (a u .i
PA ?J E-N
FA ECE1,VED
Please be advised that this letter is authorization for W.K. Dickson to act as our agent in
the permitting process for Project #40343001-1I Newton/McLin Creek culvert stream
design. A check for the application fee is enclosed.
Please feel free to contact us if we can be of further assistance in this matter.
Sincerely,
2--?aVJI?0 'It
Glenn J. Pattishall, AICP
Planning Director/Asst. City Manager
ds
Enclosure
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NE ?
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tt?'1?1? e'ti F jki
Office Use Only: 2 0 b ver ionMaarch805
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14, WQC 3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), c
ru*V21
II. Applicant Information JUG 2 5 2005
1. Owner/Applicant Information DENR-W,
Name: Mr. Glenn Pattishall V''E?w M QUALITY
Mailing Address: City of Newton Planning Department H
Newton NC 28658
Telephone Number: 828-695-4261 Fax Number: 828-465-7412
E-mail Address: gpattishallgmail.ci.newton.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Marco Hilhorst
Company Affiliation: WK Dickson
Mailing Address: 3101 John Humphries Wynd
Raleigh, NC 27612
Telephone Number: 919-782-0495x115 Fax Number: 919-782-9672
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: McLin Creek Culvert2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 374114330190
4. Location
County: Catawba Nearest Town: Newton
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Go west on Keisler Rd in
Newton until it dead ends. Dirt Trail will continue at dead end and trail along down slope
until sewer easement. Turn right at sewer easement. Site is flagged on forest edge on left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°41'30" ON 81°12'39" °W
6. Property size (acres): 71.22 ac
7. Name of nearest receiving body of water: McLin Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mostly dense vegetated woods. Maintained sewer easement
runs parallel to creek. Easement vegetation is mostly grasses.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Backhoes
will relocate a portion of stream in order to place a culvert for a planned road.
11. Explain the purpose of the proposed work: To provide safe access to lots and businesses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Project was discussed with Alan Johnson (NC DWQ) and with Amanda
Jones USACE whoagreed proposed design would be self mitigating. No permits have been
issued vet however.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No requests anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Seventy feet of stream will be
culverted and an additional 86' of stream will be relocated downstream of culvert.
Implementation of natural channel design techniques will replicate the existing
characteristics of the stream: however full stream restoration is not anticipated.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
No wetlands

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 McLin Creek Culvert Perennial 8 feet 70 0.0129
2 McLin Creek Relocation Perennial 8 feet 86 0.0158

Total Stream Impact (by length and acreage) 156 0.0287
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
No open waters

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0287
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0287
Total Stream Impact (linear feet): 156
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No isolated waters on site
8. Pond Creation - No ponds created
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Proposed impacts were reduced
through the minimization of culvert length and increasing stream length. Originallv the culvert
would have been installed at a severe angle which reduced the amount of stream. In choosing
the current alignment, costs were reduced while increasing the amount of stream length.
Additional alternative alignments were evaluated, however cost exceeded available grant money.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On site mitigation is proposed on McLin creek in the relocated section (total of 86').
Placement of rock structures, rootwads and either coir fiber matting; or transplants (depending
on season) will aid in the stability of the proposed channel and provide additional habitat for
native species.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wr2/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): No off site mitigation requested
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No ® Not on Main Stem of the Catawba
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ,..,...„-o --.\ Multiplier ,, f-*--..,-
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The site acreage is 71.22 Acres, of this 9 acres
are to be disturbed. Only a total of 1.9 acres is to be impervious. This leads to 2.7%
imperviousness on the site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No sewage created
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Little additional area is available for development in this highly urbanized commercial
development. This lack of available land adjacent to the proposed road will produce little impact
to the watershed.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
7
OC
ApplicantfAient's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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PRELIMINARY PLANS - NOT FOR CONSTRUCTION
PROJECT MANAGER DRAWING SCALE
sw ?-.yo' 3101 JOHN HUMPHRIES WYND
McLIN CREEK RALEIGH. NC 27612
DRAWN BY PROJECT DATE CULVERT AND STREAM DESIGN [phone]
MJN 7/2005
PROJECT NUMBER CROSS SECTION VIEW DICKSON
APPROVED BY PROJECT N
DJK 4034300HI NEWTON, NC Office Locations:
FILE NAME Ploy DATE - community Infrastructure consultants North Carolina
South Carol ino
STREAM-DESIGN 7/2005
Georgia
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PROJECT MANAGER
DRAWING SCALE -I
SW NITS 3101 JOHN HUMPHRIES WYND
McLIN CREEK CULVERT AND RALEIGH, NC 27812
DRAWN BY PROJECTOATE [phone]
MJH 7/2005 STREAM DESIGN D
DICKSON
APPROVED BY PROJECT NUMBER NRCS SOILS MAP Office Locations:
DJK 4034300HI Community infrastructure consultants North Carolina Georgia
NC
NEWTON South Carolina Florida
FILENAME PLOT DATE ,
SOILS.DGN 7/2005
H"ai r{:
cin of 2 0 0 5 1 3 9
PO Box 550 • Newton NC 28658• (8281465-7400 • Fox (8381465-7419
"THE HEART OF CATAWBA COUNTY"
July 18, 2005
U.S. Army Corp. of Engineers
C/O Amanda Jones
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, NC 28801-5006
To Whom It May Concern:
Please be advised that this letter is authorization for W.K. Dickson to act as our agent in
the permitting process for Project #4034300HI Newton/McLin Creek culvert stream
design. A check for the application fee is enclosed.
Please feel free to contact us if we can be of further assistance in this matter.
Sincerely,
Glenn J. Pattishall, AICP
Planning Director/Asst. City Manager
ds
Enclosure
NEON
Office Use Only: Fonn Version March 05
2005 1 398
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14, WOC 3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Mana? ea of
Environmental Concern (see the top of page 2 for further detail %49@ II. Applicant Information juL 2 5 2005
R am
Owner/Applicant Information pEo SS
AgW
Name: Mr. Glenn Pattishall rTLWDS
Mailing Address: City of Newton Planning Department
P.O. Box 550
Newton. NC 28658
Telephone Number: 828-695-4261 Fax Number: 828-465-7412
E-mail Address: gpattishall(cr,mail.ci.newton.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Marco Hilhorst
Company Affiliation: WK Dickson
Mailing Address: 3101 John Humphries Wynd
Raleigh, NC 27612
Telephone Number: 919-782-0495x 115 Fax Number: 919-782-9672
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: McLin Creek Culvert
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 374114330190
4. Location
County: Catawba Nearest Town: Newton
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Go west on Keisler Rd in
Newton until it dead ends. Dirt Trail will continue at dead end and trail along down slope
until sewer easement. Turn right at sewer easement. Site is flagged on forest edge on left.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°41'30" ON 81°12'39" °W
6. Property size (acres): 71.22 ac
7. Name of nearest receiving body of water: McLin Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mostly dense vegetated woods. Maintained sewer easement
runs parallel to creek. Easement vegetation is mostly grasses.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Backhoes
will relocate a portion of stream in order to place a culvert for a planned road.
11. Explain the purpose of the proposed work: To provide safe access to lots and businesses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Project was discussed with Alan Johnson (NC DWQ) and with Amanda
Jones (USACE who agreed proposed design would be self mitigating. No permits have been
issued yet however.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No requests anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Seventy feet of stream will be
culverted and an additional 86' of stream will be relocated downstream of culvert.
Implementation of natural channel design techniques will replicate the existing
characteristics of the stream-, however full stream restoration is not anticipated.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
No wetlands

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multinlv length X width. then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial Intermittent? t? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 McLin Creek Culvert Perennial 8 feet 70 0.0129
2 McLin Creek Relocation Perennial 8 feet 86 0.0158

Total Stream Impact (by length and acreage) 156 0.0287
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
No open waters

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0287
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0287
Total Stream Impact (linear feet): 156
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No isolated waters on site
Pond Creation - No ponds created
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Proposed impacts were reduced
through the minimization of culvert length and increasing stream length. Originally the culvert
would have been installed at a severe angle which reduced the amount of stream. In choosing
the current alignment, costs were reduced while increasing the amount of stream length.
Additional alternative alignments were evaluated, however cost exceeded available grant money.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On site mitigation is proposed on McLin creek in the relocated section (total of 86').
Placement of rock structures, rootwads and either coir fiber matting or transplants (depending
on season) will aid in the stability of the proposed channel and provide additional habitat for
native species.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wr2/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): No off site mitigation requested
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No ® Not on Main Stem of the Catawba
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* I Impact ( I Required
Zone Multiplier T,4;f;-t;__
1 I 13 (2 for Catawba)
2 1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page I I of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The site acreage is 71.22 Acres, of this 9 acres
are to be disturbed. Only a total of 1.9 acres is to be impervious. This leads to 2.7%
imperviousness on the site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No sewage created
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Little additional area is available for development in this highly urbanized commercial
development. This lack of available land adjacent to the proposed road will produce little impact
to the watershed.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
A-z"
7/al/0<_
ApplicanVAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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PRELIMINARY PLANS - NOT FOR CONSTRUCTION
PROJECT MANAGER DRAWING SCALE 3101 JOHN HUMPHRIES WYND
Sw ,'-20• MCLIN CREEK RALEIGH. NC 27612
DRAWN BY PROJECT DATE CULVERT AND STREAM DESIGN [phone]
MJN 7/zoos
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APPROVED BY PROJECT NUMBER CROSS SECTION VIEW
DICKSON
Office Locutions:
w,c w3a3ooN, NEWTON, NC
community infrastructure consultants
North Carolina Georgia
FILE NAME PLOT DATE South Carolina Florida
STREAM-DESIGN 7/2005
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LIN CREEK CULVERT AND
M 3101 JOHN HU HRIES WYND
NC 27612
7612
RALEIGH
DRAWN BY
DR MN PROJECT DATE c - - . \ ,
[phone]
MJH 7n005 STREAM DESIGN DDICKSON
APPROVED BY PROJECT NUMBER NRCS SOILS MAP Office Locations:
DJK 4034300HI Community infrastructure consultants North Carolina Georgia
NEWTON
NC th Carolina Florida
So
FILENAME PLOT DATE , u
SOILS.OGN 7/2005
&ton PO Box 550 • Newton NC 28658•!8281465-7400 • Fax [phone]
.,THE HEART OF CATAWBA COUNTY"
July 18, 2005
U.S. Army Corp. of Engineers
C/O Amanda Jones
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, NC 28801-5006
To Whom It May Concern:
Please be advised that this letter is authorization for W.K. Dickson to act as our agent in
the permitting process for Project #4034300HI Newton/McLin Creek culvert stream
design. A check for the application fee is enclosed.
Please feel free to contact us if we can be of further assistance in this matter.
Sincerely, 1.
2 I ?aml?O
Glenn J. Pattishall, AICP
Planning Director/Asst. City Manager
ds
Enclosure
Z1005
'N
cVTON
Office Use Only: Fonn Version March 05
2 0 0 5 1 3 9 8
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14, WQC 3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
o C?C?
II. Applicant Information
1. Owner/Applicant Information 2 2005
Name: Mr. Glenn Pattishall _WATERQUAL1V ac++
, At 1=2 Mailing Address: City of Newton Planning Department, E' SMD
P.O. Box 550
Newton, NC 28658
Telephone Number: 828-695-4261 Fax Number:-828-465-7412
E-mail Address: _gpattishall e.mail.ci.newton.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Marco Hilhorst
Company Affiliation: WK Dickson
Mailing Address: 3101 John Humphries Wynd
Raleigh, NC 27612
Telephone Number: 919-782-0495x 115 Fax Number: 919-782-9672
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: McLin Creek Culvert
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 374114330190
4. Location
County: Catawba Nearest Town: Newton
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Go west on Keisler Rd in
Newton until it dead ends. Dirt Trail will continue at dead end and trail along, down slope
until sewer easement. Turn right at sewer easement. Site is flagged on forest edge on left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°41'30" ON 81°12'39" °W
6. Property size (acres): 71.22 ac
7. Name of nearest receiving body of water: McLin Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mostly dense vegetated woods. Maintained sewer easement
runs parallel to creek. Easement vegetation is mostly grasses.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Backhoes
will relocate a portion of stream in order to place a culvert for a planned road.
11. Explain the purpose of the proposed work: To provide safe access to lots and businesses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Project was discussed with Alan Johnson (NC DWQ) and with Amanda
Jones (USACE) who agreed proposed design would be self mitigating. No permits have been
issued yet however.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No requests anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Seventy feet of stream will be
culverted and an additional 86' of stream will be relocated downstream of culvert.
Implementation of natural channel design techniques will replicate the existing
characteristics of the stream, however full stream restoration is not anticipated.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
No wetlands

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent?
ittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 McLin Creek Culvert Perennial 8 feet 70 0.0129
2 McLin Creek Relocation Perennial 8 feet 86 0.0158

Total Stream Impact (by length and acreage) 156 0.0287
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
No open waters

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0287
Wetland Impact (acres): NONE
Open Water Impact (acres : NONE
Total Impact to Waters of the U.S. (acres) 0.0287
Total Stream Impact (linear feet): 156
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No isolated waters on site
8. Pond Creation - No ponds created
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Proposed impacts were reduced
throueh the minimization of culvert length and increasing stream length. Originally the culvert
would have been installed at a severe angle which reduced the amount of stream. In choosing
the current alignment costs were reduced while increasing the amount of stream len tgth
Additional alternative alignments were evaluated however cost exceeded available arant money.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmp-ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On site mitigation is proposed on McLin creek in the relocated section (total of 86').
Placement of rock structures rootwads and either coir fiber matting or transplants (dependin
on season) will aid in the stability of the proposed channel and provide additional habitat for
native species
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): No off site mitigation requested
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No ® Not on Main Stem of the Catawba
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
3 (2 for Catawba)
1.5
3.
I Impact ?I Required
Zone* _,, Multiplier
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The site acreage is 71.22 Acres, of this 9 acres
are to be disturbed. Only a total of 1.9 acres is to be impervious. This leads to 2.7%
imperviousness on the site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No sewage created
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr. state.nc.us/ncwetlands. If no, please provide a short narrative description:
Little additional area is available for development in this highly urbanized commercial
development. This lack of available land adjacent to the proposed road will produce little impact
to the watershed.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
KO-,-
7/2 1/a5
Applicant/.Qent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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McLIN CREEK CULVERT AND STREAM DESIGN [phone]
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communit
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PRELIMINARY PLANS - NOT FOR CONSTRUCTION
PROJECT MANAGER DRAWING SCALE 3101 JOHN HUMPHRIES WYND
sw 1'-20 McLIN CREEK RALEIGH. NC 27612
DRAWN BY PROJECT DATE CULVERT AND STREAM DESIGN [phone]
WH T/ZOOS
APPROVED BY PROJECT NUMBER CROSS SECTION VIEW DICKSON
NEWTON
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Office Locations:
DJK 4034300HI ,
community infrostmcturs consultants North Carolina Georgia
FILE NAME PLOT DATE South Carolina Florida
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PROJECT MANAGER
DRAWING5CALE -I
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McLIN CREEK CULVERT AND RALEIGH. NC 27612
DRAWN BY PROIECTDATE vw [phone]
MJH 712005 STREAM DESIGN D
DICKSON
APPROVED BY PROJECT NUMBER NRCS SOILS MAP Office Locations:
DJK 4034300HI Community infrastructure consultants North Carolina Georgia
NEWTON
NC South Carolina Florido
FILENAME PLOTDATE ,
SOILS.DGN 712003
W.K. DICKSON & CO., INC.
380
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
Permitting Fee 8/2/05 0065510 475.00 0.00 0.00 475.00
North Carolina Division of Water Quality
2 1 Totals
475.00
0.00
0.00
475.00
1