20041360 Ver 1_Complete File_20040818

FIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 27, 2004
Chatham County
DWQ Project No. 041360
Pipe Replacements on SR 1732 (Pittard Sears Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Tim Johnson, P.E., Division Engineer
NCDOT Division 8
P.O. Box 1067
Aberdeen, NC 28315
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 56 linear feet of an unnamed tributary of Panther Creek, a class WS-IV, NSW stream, to replace a
pipe at station number 46+74 on SR 1732 (Pittard Sears Road) in Chatham County. The project should
be constructed in accordance with your application dated August 12, 2004 (received August 18, 2004).
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification No. 3404 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number
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 unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us, in writing, and send us 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 conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
1. NCDOT shall comply with WS-IV Water Supply Watershed regulations, including the requirement
for a 30-foot vegetated buffer.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] / FAX [phone] / Internet: http•11h2o enr.state nc us/ncwctlands Natural&
NCDOT, SR 1732 Chatham Co., DWQ #041360
Page 2
August 27, 2004
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No wastes, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstructibn Notice Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Quality has released the project.
5. Stormwater should be directed to vegetated buffer areas, grass-lined ditches or retention basins and
must not be routed directly into streams. Mowing of existing vegetated buffers is strongly
discouraged, so that they may be utilized for storm water diffuse flow.
6. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
7. Culverts that are less than 48-inch diameter should be buried to a depth equal to or greater than 20%
of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become
established in the culvert following installation and to provide aquatic life passage during periods of
low flow. This may require increasing the size of the culvert to meet flow conveyance requirements.
If any of the existing pipes are perched, they shall be removed and replaced, and re-installed
correctly, unless demonstrated that this is topographically unfeasible.
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water. Rip rap shall not be placed in
the stream bottom.
9. All work shall be performed during low flow (below bankfull) conditions.
10. Heavy equipment must be operated from the stream banks rather than in the stream channel in order
to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
NCDOT, SR 1732 Chatham Co., DWQ # 041360
Page 3
August 27, 2004
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. Please include photographs upstream and downstream of
the structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition 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. If you have any questions, please telephone Ms. Beth Barhes at 919.715.8394.
1\
A119 wl?x
Attachment
Pc: Wilmington District Corps of Engineers
Richard Spencer, USACE Wilmington Field Office
NCDWQ Raleigh Regional Office
Central Files
File Copy
Klimek, P.E.
t ILL 6Uir r
Office Use Only: 04136 0 Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank. 401 1-'SS U E_ D
1. Processing
INETLgNDS/401 GROUP
1. Check all of the approval(s) requested for this project:
® Section 404 Permit AUG 1 8 2004
? Section 10 Permit
® 401 Water Quality Certification WATER QUMIy&,CTo
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Tim Johnson P.E. Division Engineer
Mailing Address: P. O. Box 1067
Aberdeen. NC 28315
Telephone Number: 910.944.2344 Fax Number: 910.944.5623
E-mail Address: tiohnson(&dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Benny Sloan
Company Affiliation: Highway Maintenance Engineer
Mailing Address: 1404 East Raleigh St.
Siler City, NC 27344
Telephone Number: 919.742.3431 Fax Number: 919.742.3986
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: SR 1732 (Pittard Sears Road.)
2. T.I.P. Project Number or State Project Number (NCDOT Only): FC, 0 1903
3. Property Identification Number (Tax PIN):
4. Location
County: Chatham Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Pittsboro travel east on US
64 to NC 751 on left. Turn left on NC 751 to SR 1731 on right Turn right on SR 1731 to
SR 1732 on right
5. Site coordinates, if available (UTM or Lat/Long): N 35 ° 50' W 78 ° 55'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing secondary road
7. Property size (acres): NA
8. Nearest body of water (stream/river/sound/ocean/lake): Jordan Lake
9. River Basin: Cave Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: Grade and pave SR 1732 in Chatham County
11. List the type of equipment to be used to construct the project: motorgrader, trackhoe,
bulldozer, scraper, etc
12. Describe the land use in the vicinity of this project: residential/agricultural
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any 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:
NA
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 7 of 12
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
none

List Cacti impact separately and identity temporary impacts. Impacts include, but art not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMN) Flood Insurance Rate Maps
(FlIZM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hv-,vw.fcma.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwaterfsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secifv
1 Perm pipe 56' UT of Jordan Lake 2-3' I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w%«v.uses.cov. Several intcmct sites also allow direct download and printing of USGS maps (e.g, w?M.ropozone.com
w?.w.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 56'
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Wate -body
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
none

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed.. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
NA
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 cf 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwet]ands/strmgide:htm1.
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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hap://}12o.enr.stite.ne.us/%rrpiindex.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaVstate/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC -2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
cone i cmenas out ju reet perpenatcuiar from near bank of channel; Zone 2 extends an
additional 20 fect from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / En..ancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
NA
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surfzce waters and wetlands
downstream from the property.
Neither the current impervious cover nor the new proposed impervious cover (gravel road bed or
asphalt pavement) will exceed 30% of the total site area. Erosion control devices appropriate to
the site will be utilized on this project which may include silt fences check dams and storm
water retaining basins.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Sigt{ature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
,MICIIAEL F. nkSLEY DIVISION OF HIGHWAYS LYNDO TIPPE'IT
GOVERNOR August 12, 2004 SECRETARY
Mr. Rob Ridings
NCDWQ
401 Wetlands Unit
1650 Mail Service Center WFTIAND$1401
CROUP
Raleigh, NC 27699-1650 r t :7
?
Subject: Nationwide Permit #14 r-1UG ' $ 2004
SR-1732 Chatham County WATE
Project # 8C.019034 (DWQ Permit Fee $200) R QUALITY SECTION
Mr. Ridings:
The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide
Permit Number 14 for project 8C.019034 on SR-1732 (Pittard Sears Rd.) in Chatham County. It is
anticipated that this road will be paved at a future date.
The proposed project will replace an existing deficient crossing pipe at station number 46+74 as
follows:
Site 1) Replace existing 36'x 30" RCP with one 40'x 42"RCP and 2 FES (Total 56')
The total percentage of impervious surface within the project area will remain at less than 30%.
All erosion control devices will be appropriate to the location and in compliance with the current
version of the NCDOT Best Management Practices manual.
The pipe replacement is located on an intermittent UT of Panther Creek, a class WS-IV; NSW
stream in the Cape Fear River Basin.
Due to the amount of anticipated intermittent flow, no dewatering will be required at this site.
Construction will be done under dry conditions whenever possible. There were no wetlands, High
Quality Waters or threatened or endangered species observed within the project area during the
required minimum criteria check.
If you require any additional information, please contact me.
Cc: J.L.Picklesimer PE
Tim Johnson PE
P11 MEN
Sine ly, RErEiVED
<f 2- -;F76
Art C. King
Division Environmental Officer
Highway Division 8
P.O. BOY 1067, ABERDEEN NORTH CAROLINA 28315
PHONE [phone] FAX [phone]
041360
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