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HomeMy WebLinkAbout20010417 Ver 1_Complete File_20010321State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director DWQ Project No.: o%oy ( I Applicant: N e Do'r /C e NCDEI o° ? Z m r-n i; Qy { 1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES County: 'D1M 60A a J, Alan(-x Project Name: 59 1 lr (of (W uti ah?uw. ??? Date of Issuance of 401 Water Quality Certification: 1 2"1 I'D i Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/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 I, fo/? G• /Nail ce ,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 spec' catio and other supporting materials. Signature: Date: 12 Agent's Certificatio I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director 4 • • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files C c:\ncdot\SR 1619\wqc\010417wgc.doc Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1 62 1 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director 1 • awft wow NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 27, 2001 Durham County DWQ Project No. 010417 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. Jon G. Nance, P.E. Division Engineer NCDOT Division 5 2612 N. Duke Street Durham, North Carolina, 27704 Dear Mr. Nance: You have our approval, as described in your application dated March 14, 2001, and in accordance with the attached conditions and those listed below, to place fill material in 0.01 acres of jurisdictional wetlands and 120 linear feet of streams. The purpose of your project is the widening and improving SR 1619 (Wiley Mangum Road) in Durham County. In addition you are authorized to impact 0.23 acres (0.15 acres in Zone 1 and 0.08 acres in Zone 2) of Neuse River Riparian Buffers. The project should be constructed in accordance with your application dated March 14, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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 when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). ). This approval shall - _ - -expire with 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 dertification and any additional conditions listed below. , 1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all 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 upon completion of the project. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director '9W'J 1 L • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ROAD CROSSING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS), REGIONAL GENERAL PERMIT 198200031 AND NEUSE/TAR- PAMLICO/RANDLEMAN BUFFER RULES 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 211, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC 2B .0233,.0259 and .0250). The category of activities shall include any fill activity for road crossing and is limited to fill less than one-third of an acre. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992 and Water Quality Certification Number 3103 issued on February 11, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General Permit 198200031 when deemed appropriate by the Director of the 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. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 2. 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 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for impacts to - -- streams and/or wetlands. In addition, buffer mitigation maybe required for any project with Buffer _ Rules in effect at the time of application. 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; 4. For any project involving a stream re-alignment, 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, 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 Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/Mb post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Kerr T. Stevens, Director I Iffl?WA William G. Ross, Jr., Secretary 4 • T NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES fiber and seedling establishment is allowable. Also, rip-rap 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; Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A NCAC 2B .0259 and.0250 and 15A NCAC 2H.0500. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and .0250. 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. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 6. 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 and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium 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 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 destabilization of streams or wetlands; 7. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that allowed under other General Certifications. Deed restrictions must be placed on the remaining wetlands and streams on these lots to restrict future wetland and stream fill. DWQ shall be sent copies of all deed restrictions applied to these lots; 8. 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; 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 10. Measures shall be taken to prevent live or fresh concrete from coining into contact with waters of the state until the concrete has hardened; Wetlands/401 Unit 1621Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director AJ / • • T NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 11. This Certification shall be utilized for roads from natural high ground to natural high ground. The Certification for Nationwide Permit 18 may not be used in conjunction with this Certification to create high ground for road access; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality- related conditions of the FONSI or ROD shall become conditions of this Certification; 13. 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; 14. When written concurrence is required, the applicant is required to use the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed; 15. 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 14 and Regional General Permit 198200031 whichever is sooner. 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, 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, stream 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: 1 June 2000 DIVISION OF WATER QUALITY Kerr T. Stevens Director WQC # 3289 Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director / 0 • A;lk 2- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/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 I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification - - - - - - - - - - - - - - - - - - - - - Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper 1 STATE of NORTH CAROLINA 401 ss UEo DEPARTMENT OF TRANSPORTATION s MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY z February 7, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 010417 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6,136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. Mr. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag ? rn Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 vertieat curve as the maximum flood pool elevation for the expanded lake is elevation of ,390*61. The NCDOT has concluded to pave and upgrade the existing roadway as well as raise the existing grade at this time. This will reduce the amount of construction impacts at the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1 @ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approxin tely 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0,.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404Nationwide Permit (NWT) 14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. f Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham E. DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE. NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION_ (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wiley Mangum Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewaterine of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE -:OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I 1 DRAWINGS ONLY) Replacement of structure conveying UT to Flat River with 1(a),120 inch corrugated aluminum pipe that is 120 feet lone and dewaterine of stream. PURPOSE OF PROPOSED WORK: Replacement of structure conveying UT to Flat River with 1(a 120 inch corrugated aluminum pipe that is 120 feet lone and dewaterina of stream. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BEjCARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential. (o IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S S GNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 1607 Spruc Campg and n •, 9 ? _ 4op 1616 \ 42 600_•• C2 am K-j Y-prune 3 ?) t -7, i PI0j8Ct Site TV < y ??wV n ,? 1 1615?? v „Il. ?? 341 LIM )1 V? ?\ t I J( ?i 1 ry/ 1`L? '??11??1VtL1 r.., i j v 11 I ?1 ,?/ r( I/ C@r11, ? 460 ?.. ' / j ? \ r \ ? ::?,0(YI j 1/ `? ? ,\ ? ?\`? ? \ `?` • r1 / ?'? 1If / 1. ? 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PWAV?a STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR February 7, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator 010417 LYNDO TIPPETT SECRETARY 401 ISSUED Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6,136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. 1-4r. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag '?o -0 M D C7 -? rn ? C rn m ? o -i Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 vertical curve as the maximum flood pool elevation for the expanded lake is elevation of 390 feet..'The NCDOT has concluded to pave and upgrade the existing roadway as well as raise the existing grade at this time. This will reduce the amount of construction impacts at the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404 Nationwide Permit (NWT) 14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. 4 i Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1 @ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. 4 Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham r DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two (2l COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27507. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wiley Mangum Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO N IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Y 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES E] NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL ;THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewatering of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE' OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Replacement of structure conveving UT to Flat River with 1(x,120 inch corrueated aluminum pi[ that is 120 feet long and dewatering of stream. PURPOSE OF PROPOSED WORK: Replacement of structure conveying UT to Flat River with 1Ca,) 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE;PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO 0 (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES 0 NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES 0 NO E] IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residentiaL (fl IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. A ? x/ 'I" OWNER'S/AGENT'S S GNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). \ 1607 ^ 1 ` Campg untl n' _ ?j • -i ? •? ? // .? ;\ oi:: \? . ` a-? ? <? 9 ? 1616 ' ? ` '429?1 ( / ; r ri \`" _ 1t \ t \ \-i rot / . ?1 r \ ` 00\\ -Jill 1616' r'- ? , l" J ` p 1/`?^"?`? -?\ / ? +` /?t ? i `? t t J? ?\ ? 4 r %• 11 ! ? ? ? -' '"- PTO Sltev?? A 1616 c? it P n r - l 1136 ` ? ???,/ ?? /; i_', Q, , ?i Sll?? t I:i :/l./\,??•?.? ?( (? `1%1?i1%ll, /l %/.`?? `._`?? _ ? :?\ JL ?%I?/ l 341 Cem Ch.??/vh?Cl- ?N? / ???( %? /l. \ ` ? I \ 1 `' I ~\ 1 ?? 1 )i/?'-\ `i ?\ i?? •cy--? i.? ??%? / r //'?R? ? ? I `\ t\? ? --'/^ \ Vg, rp la `-\i X625 `-- ? /?' ) _ ? / / i ? `,?. ? +?u? //• ` ; s l ! i - V•- /Q,'// 1, _j ?_= ? ? ?.? / . /-161 v?/11?v \ 8?,') ?' ??? Vv?v? %? '\?CV,t????? l/ j +??' ? /III / ?. . /-_) t`i t\\? c/\r,,?? J ?J //r`'\ Imo( ??1 \ '-^? \? \- \ ?\ \?I t• ?t!'(`` (\/ ?? ?\ l?i t ?l L l y?i ,i?li /-/ ?\?I 3 - ? : ??/ ??` \\ , ? ? ?/ j ? , i ? ?J \? X1,1 ?-~? ` i? ?. `` ?? ; ,`?.?'?j? _/-' r? \ ii € ' \ ?. / - ? ?? /??? j/ t ,- ? \ i:;?. -, / !\ O / / \ l' \ \ % ..ice \ \ j ?. ~ ) 1 J?\??;+ ?I I? 11? \\??' I' `/ S, fji M , !% ``?[•,i \, (4\ c?. I \?? 1 '\ I ? /' PcIz, Willardville 62. V 7,) / / 1.? U7 \ t i .' 1 \ ?" Q 1 01 T 1628 ` / r / .. , / Il ? i ? ?j`` ? •\ / 1, ?/ ? 1004 I r t I'D 0 o . u1s ? ?t ? III U 6' p N \L l \ i u? W 1 0 0 0 o s? ? Q U 0 ? U U w. O ..O a 12 0 +?? jt? w M, 0. o bq 0 ¢" O sr O H r /Z O1O417- '?.? way. STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION NHCHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY February 7, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (G. S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. Mr. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag n rn ? rrn o ? Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 vertical curve as the maximum flood pool elevation for the expanded lake is elevation of 390 feet. The NCDOT has concluded to pave and upgrade the existing roadway as well as raise the existing grade at this time. This will reduce the amount of construction impacts at the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that.is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1 @ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404 Nationwide Permit (NWP) 14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. * t Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. 4 Sincerely, V-C,----6- Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two (21 COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wiley Mangum Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewatering of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 1 I DRAWINGS ONLY) Replacement of structure conveying UT to Flat River with 1(x)120 inch corrugated aluminum pipe that is 120 feet long and dewatering of stream. PURPOSE OF PROPOSED WORK: Replacement of structure conveyine UT to Flat River with 1Ca? 120 inch corrugated aluminum pipe that is 120 feet long and dewatering of stream. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MMMZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, sing-le famiiy, residentiiaL (o IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S S GNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). V -7 r' ' '6' f _- - . p \\ 1607 Spruce, Pin ?ampgoound ? n ? ? - ? I a \J 09- is am , ?- \ `•.? ?, am utld??J/ 1 /? /i X111 50 L/ 1 f Project Site 1615 0 \`s?\vI/ r 1 ,1? t 341 vl All ..' ??/ -l•6-19 I l?r/ it \ 1`, ?/ it - ??i ?J ' _ jC<.lI --..... \?? k c, ,Ce alvCh r\J`1U I _ 11 r/ 1 lt1 \? ?/ i? i A l ??' /i I 2 ^??? i ?? ??'^ % ` ?? X625 ^. 495 ~ r / 1 4 ??uT / ?a \ \\. 1)) j U ' ?,?/ ? ? ?'?? ? / ~ ? \?-?/ ? '?\?? t ii?/-r ? r(,/? fem. J / J , / __, 1 'Tel ( 1,, , ?,, ?? ???• ? l , J \? r J , 1 \?. C ( I ,.Z ?-??. i' I ;?.fJ??i?l ??? r\ \?fl `??t ?i ?? \ ": (?V" S??r•\i ??\, yi :: -'v ,) .. _J tlJ? ? f /..? i^ /' %/?^?'?i ?? ??Vii ?? \ v \?, ? 1 ?,? ?? ' 1\\ // ?% ?, Ail WillardAlle ) 6 ?/ / ?? t \ f "i62 245. \ n i 1004 I ui Q+ ? .a 2 0 a a ua 0 E C T m 3 QD 0_ co 0 o ? o s?. ? Q o? s. O d O ? ? U y c?dQ"? O by s., a «t N O o ? ? a H :h Loyd y?van,? ti ? Man STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR February 7, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Fails of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator 010417. LYNDO TIPPETT SECRETARY 4°1 ?s SUFI Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (G. S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. Mr. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag n -_G M -E: c ri rrn z CD --q Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 e vertical curve as the maximum flood pool elevation for the expanded lake is elevation of 390 feet. The NCDOT has concluded to pave and upgrade the existing roadway as well as raise the existing grade at this time. This will reduce the amount of construction impacts at the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1 @ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404 Nationwide Permit (NWP) 14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface, water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. V 4 Sincerely, ?-C' ---6- Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham v DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray. Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wiley Mangy Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY INTHE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewatering of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE'OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) that is 120 feet long and dewatering of stream. PURPOSE OF PROPOSED WORK: 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S S GNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). - ? ? ? v , ? /? ` - ? 'i ` ? ? ? \ ?A,?/ /' c Icy •vv- _, ! ?'.'_? ??I ? ? J/ / , v `\ ? ?• \` ..% I i \? I +t? ' ? 1607 j t ?\\ l? I?? ; ` ? 450 -spruce, Pin p and V, 1, \ \ app 9 1616 \a29?? if { /` /?? ??. - ?\ 1 J? `-rn\?`???. l?/? 400-. //. \ ~ /V' . 1\ ., ?.• ? /.? _. .. ? ? J,' ' ; 11\1 } :. - • / -? , \ \ \? i?ir_' - J 1616 ' Hy Gr g I ?? It n , v po- , C '\, ?; ( <<\\..• , f' , \J' ?.? `-? 161s Project Site .?? .v? 341 ~ _ - 1 ?'- l 1.{ ,i ?..\ {.,u? I )/ \,1\\\\JI, 1`i, ?iJ ?, 1? 'I ? ?' i ? -_.- - r t11 / //i r IV/ / ..alvert I VA \I -I O?? // ?? A4 , ,.J VJ? N lG?/ ? _\ \ ;?`-,? ?\,`II (/ \?\/ /` '\? P• `?? I?I , ?/; ??? ? I / ??/? j/ \ te 625 / '495 i if _, ? ,-f,\ i' /, ? f •?, ; ?`" / `\•i i ? ? `, ?--) ? r \- ????` V;;?)r I( \) it Il ??`? lI l?% ? ( I r j? ?? 162 -.. -(? 1',1\ ?\ J\y1?,\ ? ?• Jam'/ //? ?=? /i/ "'\) ` 1• l \ ? L ?/' ?,Ir I \\??.. ??` ? p) r?/?y/i???i-?i?/?\„? ?:?/? ? ??,\' •\.`' ?-/ I j,/ ? \\`/\,??/jr??:?\? l ?) i\ ```\? ???(?tF? ?? ? ?)1 IaiiF?i? ?/ ? ? ?%????J / r•- \\ ?--? ` \ D--?:? ?e ? ' \ ,'vi ? :.\ 1?? ??,•\ `1400 ?I E?% .J ?'?` 'c, I ?? . ? r? / y / / i, vqk `ql. `- ? \ ' ??? W111ardville ? •? ?-? ?? ?? ??/ 11\?`?? 6 I' ` ?' \? /,/, ?4 t ?? / ?., ? 162 kr?( \?'? % n r \ JI ?.\ .t \-??I ICI '`\\\:\\, ?!? h 1,? ?1\'`\i \\\., / ?`1 268 \ ?\ ?`?, \v1 \ r ? \'\,I 40?` \ <00 '1`+t??? it\-1''. ?; ti•?J? ..c ,:/??' \??'.? /_._?I..'\\\ n 1 \\ U ? OA ,a S O a a? PIP P•+ A W 0 x E C 71 3 o ? i o•? ?n o o lq 1. O O N ^O O A ? U V] O 4. bA 3 con 40? ? o ctS N ,? H FEB 1 2 2nn1 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETr GovERNOR SECRETARY February 7, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (GS. 136-44.6,136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. Mr. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 vertical curve as the maxim flood poo elevation for the expanded lake is elevation of 1 390 feet. The NCDOT has concluded to pave and upgrade the existing roadway as well as raise the existing grade at this time. This will reduce the amount of construction impacts at the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing` channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404 Nationwide Permit (NWP) 14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. 4 Sincerely, ('`C --6- Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham 01021 4 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two U COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wiley Mangum Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewatering of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF T EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS OF MECHANICAL ,Y) PURPOSE OF PROPOSED WORK: Replacement of structure conveying UT to Flat River with 1na 120 inch corrugated aluminum pipe that is 120 feet long and dewaterinn of stream. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. that is 120 feet long and dewatering of stream. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential. (o IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A. SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA. DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S S NATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). V I rAv 1 it / r , / / / _ J i(\ I+ .?? J 1 ` i '/ ' \ ll I i _?a 1607 "NN v,? _ Spruce, Pin Y \ ?, w. _: - •. 'Campgrpund n ra: ; , `i 1 A ?eJ g i AA . `'JI X1616 ` 'ahim i und- /? '? I ? n 111 t ? ?_, ri r1 ??? ? ??\ ?'' i1 Jr l1 %II ?% i0 _ r ,? Illy/?yv , l -A ?• IL-.?; ?V?ia/ Project Site ?? ?? ; S 1615. 34/ Cem 60 / J Cem , ??? 'N j IIJ IW1%/?j// 2 ?\ \ -?_ 625 t , ? I I 1\\ i 1 '!\ ' / `• \ ? } 1 161 162, - /,7\?\ \\'t\• J J/? ?t \? %'? ?? ?\ \ I\1, -77 450- r i1 1 ti ?\ Willard-0ille / J T \ 462 _ ?' 111 r 3 ,. ;f \b \ 110\? tv. -- ?I /, 1111 O A - \ 1 7 vV?o`a c A')1v))(? ?, a ? ? , /I f yo \\i 162- \ ` ?yr h \\ ?ji , _ r ? ?? ? . ;l` -268 J J II I .a y a O a P•a 10 0 rr E 01 C T N 3 m w 0 +4 >I o o a ?q U ° °COO U O O "mod O bq ?U Vb o. 0 H O/Oq/7 DEB ?,ON •? ?• STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY February 7, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Secondary road improvements to SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1619 (Wiley Mangum Road) from SR 1615 (Stagville Road) to SR 1615 (Stagville Road) (Figure 1) in Durham County. SR 1619 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.67 miles. Transportation and highway laws of North Carolina (G. S. 13644.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Wiley Mangum Road has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. A portion of the roadway falls within the planned expansion of Lake Michie. Mr. Tom Glenn, City of Durham Director of Environmental Resources, has stated that the expansion of Lake Michie is noted in the City's water supply plan and planning documents. It is scheduled to be expanded within the next 10-15 years; however, it could be required sooner due to increased water needs throughout the area. The City of Durham has requested that the NCDOT raise the grade on the roadway to an elevation that would allow it to remain in place once the expansion of Lake. Michie is completed. The proposed roadway grade would be raised as high as elevation of 395 feet in the sag Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 vertical curve as the maximum flood pool elevation for the expanded lake is elevation of 390 feet. The NCDOT has concluded to pave and upgrade the existing roadway as well as raise theexist* de at this time. This will reduce the amount of cone c s a the site and reduce the amount of in-stream disturbance. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States at Site 1 (66+70-L-) (Figure 2). Here, the project crosses an unnamed perennial tributary to Flat River/Lake Michie (DWQ Index No. 27-3-(5.5)) which is located in the Neuse River Basin. This stream has a Best Usage Classification of WS-III NSW CA. The existing structure is a 66 inch corrugated metal pipe that is approximately 60 feet long. The NCDOT proposes to replace the pipe with a 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet (Figure 2). To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered less than a day. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 ac of stream bed and 150 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Permit Issues The construction of the project is authorized under a Section 404 Nationwide Permit (NWP),14, linear transportation crossings. Notification for the use of this NWP to the USACE is not required for this project, as the discharge associated with the project is less than 0.10 acre and there are no impacts to special aquatic sites (including wetlands). Accordingly, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is not required for this project. NCDOT will comply with all conditions associated with this NWP and',WQC. The purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. Riparian Buffer Impacts The construction of the project at Site 1 results in impacts to the riparian buffer (Figure 2). Construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 90 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: • Improvements must be conducted at the site (i.e. raising the grade) to accommodate a. proposed raised pool elevation for the expansion of Lake Michie. • The proposed upgrade and paving of Wiley Mangum Road is mandated by the transportation and highway laws of North Carolina. This roadway has a paving priority of 17 and was scheduled to be paved in the 1999-2000 Secondary Roads Construction Program. • The fill slopes have been reduced to 2:1. • Best Management Practices for the Protection of Surface Waters will be enforced during the life of the project. • The length of the proposed pipe and rip rap have been reduced as much as possible to allow for only the amount of fill necessary to raise the existing grade at the site. This design reduces stream and riparian buffer impacts. Summary NCDOT proposes to upgrade SR 1619 in Durham County. This will involve replacing the structure that conveys an unnamed perennial tributary to Flat River/Lake Michie. The proposed structure is 1@ 120 inch corrugated aluminum pipe with a headwall on both ends that is 120 feet long. Impacts associated with the project include 90 feet existing channel impacted and 0.01 acre fill in surface water. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. Construction of the project results in impacts to the riparian buffer. Riparian construction impacts total 0.15 acre in Zone 1, 0.08 acre in Zone 2 and 66 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. 4 Sincerely, ?-(' ---6- Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Rodney Cooper, NCDOT District Engineer, Durham t d DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AND RIPARIAN BUFFER FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two W COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1619 (Wiley Mangum Road), Durham County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray. Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham - NEAREST TOWN: Durham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1619 Wil ff Mangum Road 6. IMPACTED OR NEAREST STREAM/RIVER: UT Flat River/Lake Michie RIVER BASIN: Neuse 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? f 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X (NWP 14) CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Dewatering of Stream (NWP 33). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Replacement of structure conveying UT to Flat River with 10, 120 inch corrugated aluminum pipe that is 120 feet long and dewaterina of stream. PURPOSE OF PROPOSED WORK: Replacement of structure conveying UT to Flat River with 1Ca 120 inch corrugated aluminum pipe that is 120 feet long and dewaterina of stream. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE, PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 1/7/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A.SECTION 404 CORPS OF ENGINEERSTERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. a- ?' n-, vv-' OWNER'S/AGENT'S S GNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). y1f 7- ?\\ t Jam... ?-'• 1607 q!. 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