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HomeMy WebLinkAbout20031103 Ver 1_COMPLETE FILE_20030904155 \o??F WAT ?q?G r 0 ii 'C 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 September 9, 2003 Caldwell County DWQ Project #: 03-1103 Jerry S. Bradshaw Post Office Box 537 Patterson, NC 28661 Subject Property: 3751 Linaka Lane NO WRITTEN CONCURRENCE NEEDED Dear Mr. Bradshaw: You have our approval, in accordance with the attached conditions, to impact waters for the purpose of replacing a bridge as you described in your application dated August 1, 2003. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3402 are met, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. 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 and you may be required'to 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, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http:/th2o.enr.state.nc.us/ncwetlands 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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786 or Mike Parker at our Asheville Regional Office at 828-251-6208. Sincerely, Alan W. Klimek, P.E., Director JRD/bs Attachments cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office File copy Central Files WQC #3402 This General Certification Is Issued In conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality_ (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to Interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26.0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 Issued on June 1, 2000 and Water Quality Certification Number 3362 Issued March 18, 2002.. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when. deemed appropriate by the Director of DWQ... The State of North Carolina certifies that the specified category of. activity will not violate applicable: portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 If conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream Impacts shall be enumerated on the entire project for all Impacts regardless of which 404 Nationwide Permits are'used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream Impacts. Any activity that results in a loss of use of stream functions including but not limited to. filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream Impacts. Enumeration of Impacts to streams shall Include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (Including construction impacts) spans the entire bed and both banks of the stream, Is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation. requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach If the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland Impacts shall be enumerated on the entire project for all Impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of Impacts to wetlands shall Include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. F, 1 WQC #3402 Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water Impacts shall be enumerated on the entire project for all Impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results-In a loss of use of aquatic functions including but not limited to filling and dredging shall be considered. waters Impacts. Application Thresholds - Stream, wetland and water Impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream Impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water. Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or •. Wetland Impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of I-95 require written notification to and approval by the Division of Water Quality except as specified below. Any Impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina W........v_...._ .... _,......or..NatlnnaLWIId and-Scenic Rluer.and.wetlands classified.as SWL an. d/or.UWL as - -- well as wetlands described In 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the.n umber of Nationwide Permits applicable to the Certification that are Issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ-at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this f case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification'of any amount of wetlands classified In accordance with .15A NCAC 2B.01 01 (e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protectlon Rules [Buffer Rules) in effect at the time of application) requires written concurrence for this Certification from DWQ In accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" Identified within and constructed in accordance with 15A NCAC 213 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all Impacts to } perennial waters and their associated buffers require written approval from DWQ since such-Impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 26.0213 (WS-II), 28.0214 (WS-III) and 26 .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus Increases in Impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have Impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, In watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, blo-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater. management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters; post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, In addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- . case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other: existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified In this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the Impacts specified in this Certificatlon.occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be Implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity: • . No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream Impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream Impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for Impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer Impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory -mitigation Is required for a project, the mitigation plans must be approved by DWQ In writing before the Impacts approved by the Certification occur, unless otherwise specified In the approval letter. The mitigation plan must be Implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be Implemented before the road is opened to the travelling public. Please note that If a stream relocation Is conducted as.a stream _ ._ restorafion as defined'in "rh&'1nfernal r6chrilcalGulde for Stream i?orkInNorth Carolina ,. April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project Involving re-alignment of streams, a stream relocation plan must be . Included with the 401 application for written DWQ approval. Relocated stream designs should Include the same dimensions, patterns and profiles,as the existing channel (or a. stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned Into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should Include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase Incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed If it is necessary to maintain the physical Integrity of the stream, but the applicant must provide written justification and any calculations used to. determine the extent of rip-rap coverage requested. If suitable stream mitigation Is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined In The Intemal Technical Guide for Stream Work in North Carollna , April 2001, the restored length can be used as compensatory mitigation for the Impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures Including temporary erosion control measures shall not be conducted In a manner that may result in aggradation, degradation or significant changes In hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes In hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and.Design Manual" Or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) In the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; f4: 1f an`"eliviYofimen af'doc"ument"is required; thls'CerfI ica"tion fs riot v-a1 d"untirA-FIf df -df"` No Significant Impact (FONSI) or Record of Decision (ROD) Is Issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General ' Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional Impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized .from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining i jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of Issuance of the 401 Certification letter or the Issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at htta://h2o.enr.state.nc.us/`nGwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the *most recent version of the Certification of Completion form to notify DWQ when all work Included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, If it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best Interest by the Director of the North Carolina Division of Water Quality. Effective date:2$ March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC.# 3402 Certificate of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: Office Use Only: USACE 1. Processing DWQ No. , item is not avvlicable to this vroiect. please enter Fonn Version b or "N/A".) 1. Ch 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 2. Nationwide, Regional or General Permit Number(s) Requested: 39 ( m1t'fLrR Crz 3. If this notification is solely a co esy 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 (verify availability with NCWRP prior to submittal of PCN), 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: ? H. Applicant Information I L.G.Jclr- plc, ?8cu?i5 n,arr?2?o? ?.lc a`SCcCoI Owner/Applicant Information Name: >e2QY Mailing Address: 3 `7 S I Telephone Number: '6a-6 - 15? - S8$"i Fax Number: J/A E-mail Address:__ 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant,) Name: Company Affiliation: ,A ;T1 ang 1401 ;GROU Mailing Address: v ?S ° P - 4 200 .Alan. 11WOMM.W Telephone Number: Fax Number: E-mail Address: M. Project Information Attach a vicinity map clearly showing the location of the propert y 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 footFrints 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 MRCS 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 IJSACE 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 wi11 be informed that the project has been placed on hold until decipherable maps are provided. 1, Name ofprQject; YAgwATe t?21??c c2 . UL C Ails -r 2. T.I.P. Project Number or State Project Number (NCDOT Only): N??1 3, Property Identification Number (Tax PIN): 4. Location County: . UAUU. WEL-k- Nearest Town: Ls Jo? 2 Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Fa Lc?3o?R o,?AC?n '?.c?,a?ac?k Ae?,T ya r.?+.t- IC?rra? r?'??rT 2oAr ?& ee4c Ts L,J 1,-rq 40,( ''SA( 'ang-, ?sc- cj Lz- El-- (5go - A, aw o o LAN 6? 5. Site coordinates, if available (UTM or Lat/Long): (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, Property size (acres):_ 5 Ac.QES IrnPaL"f Avxg %,j%w -14-e Le5r, -rj?n 50o F F STr, l C e?Ek- ,>Q V!r 0 ,0, E IaC ?1 5, Dc. OF 7. Nearest body of water (stream/river/sound/oceanAake): I?fz`s? ,5 CR 4? 8. River Basin: rLo,?S ?rl-ro Yntw,, l RiaL ?T a r.l??s Do??asre M (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/map-2L/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: _j'a NjAE k5 wt?5?4Ep f?,araY 'Ne -r, y? ?A??..15 ? t? 'f!•4?S ?2t'R . :`?GrrC ?1?8 s o: bR.1oc.'c f?GV?A,? t? T MOST lbet . LO-A, A=& CA Ct?yr' Au. OF -nke Ar9ZA IS . C o ic-a C 3 1 JJ V i%C? E t 1?1? 1 C AS \ c? u CA O "e 1 1J -n+E 1 K1 CL47-,c b ';)1C i'UZ S, 10. Describe the overall. project in detail, including the type of equipment to be used: A ??ck Byw- AJ -m 2 T?2 c ?c Nol,? tn3?u, -65 t, - cti' n - , b a T-i -k tic 4 , o 13 -C cm-- k S t Dt s 0F ?1 26 sro"J C'P-Ere, R IPPCL ox ? y, V-'? n e wry 2 Fc?,r??1? 5 L'?IL LL ?a- 1?b. ezyz. - Co..x.2n-l' l )P Ty it, Explain the purpose of the proposed work: To -ro n IV, Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (i_ncluding all prior phases of the same subdivision) in the past, please explain, 1nc1_u4e the USAGE 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 NGDQT project, list and describe permits issued for prior segments of the same TIP, 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. Vit 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 identif ab_e 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. Provide a written description of the proposed impacts: Tt?YY?Pcxzq Q.,-e t m?(Nc Y s To St'IZcYarn'3Anlt? ?c ? e wo2.l? ?,J?u.l. `m-Yil?c ?AC,G ??.l r?e?n? 2. Individually list wetland impacts below: 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*** N ? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. •* 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hq://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: ?l Ya Total area of wetland impact proposed: J. A 3, individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im ct Perennial or Intermittent? lease specify) 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 www.usas.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www. o one.com, www.mapquest.Som, etc.). Cumulative impacts (linear distance in feet) to all streams on site: ! it 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) a of Impact* ? Area of Impact (acres) (if Name applicable) ) Wat Type of Watcrbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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 0 stream ? wetlands Describe the method of construction (e.g,, damlembankment, 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.): 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. Aso 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. 1Dk26c.T iMP(u.rS nr STREYk1M. i'3W , 'Z?- AJO%bc-N VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total_ impacts to perennial. streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be, required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for IJSACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/strmgide.htmi. l., 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 (es,, 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. N J M ITIC+l? ?OJ Al tLpc(1 4-c?lL "?ktS ?(20'?c? 2, Mitigation may also be made by payment into the North. Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal. of a PCN, For additional information regarding the application process for the NCWRP, check the NCWRP website at httvSh2o,enr,state. n .us&/wrQ/index,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): IX. X. Environmental Documentation (required by DWQ) Does the project involve an_ ex enditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No if yes, does the project require preparation of an environmental_ document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? PrQpQsed impacts Qn Riparian_ and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local_ buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional. Office may be included as appropriate, Photographs may also be included at the applicant's discretion. Will. the project impact protected riparian buffers identified within 15A NCAC 213 ,0233 (Meuse), 1.5A NCAC 2B ,0259 (Tar-Paml.i.co), i 5A NCAC 213 ,0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total ' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of "bone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss storm__water controls proposed in order to protect surface waters and wetlands downstrearn from the property. XH, Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewaterpnerated from the proposed project, or available capacity of the subject facility, XUL Violations (required by DWQ) Is this site in violation, of DW Wetland Rules (15A NC AC 2H ,0500) or any Buffer Rules? Yes [I No Is this an after-the-fact permit Application? Yes ? No ? XIV. Otber 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_), Xpplicant/Agent's SignatureV V Date 's signature is valid only if an authorization letter from the applicant is provided.) APPROVALS APPROVAL BY: Local Govern wtal AuttaritY (when required) EIDNATUM Tnu DATE APPLICATION RECEIVED BY DISTRICT ENGINEER APPLICATION APPROVED BY DISTRICT ENGINEER s#aNATUAE DATE EIDNATUNE DATE COMMENTS: SHOW: PROPOSED PLANS 1. LOCATION OF DRIVEWAYS DRAW OR SKETCH BELOW, OR ATTACH 2. DETAILS OF WORK, INCLUDING PIPES CONSTRUCTION PLANS FOR STREETS 3. 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