20010554 Ver 1_Complete File_20010412

O?O? W AT ?RQG
4 "C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 7, 2001
DWQ# 01-0554
Durham County
Christopher A. Murray
North Carolina Department of Transportation
2612 North Duke Street
Durham, NC, 27704
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Condition
Dear Mr. Murray:
You have our approval, in accordance with the attached conditions, to place permanent fill in 4 linear feet and temporary fill in 54
linear feet of an unnamed tributary to Rocky Creek in order to construct secondary road improvements to SR 1621 (Pat Tilley Road) from
SR 1616 to Dead End in Durham County, as described in your application received by the Division of Water Quality on April 12, 2001.
After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3289 and
3114. This Certification allows you to use Nationwide Permit Numbers 14 and 33 when issued by the U.S. Army Corps of Engineers. This
approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional condition listed
below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream
buffers
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 919-733-9646.
Siincerrelly,,
Kerr T. Stevens
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
010554
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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010554
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
April 11, 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
R 12" 200!
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LYNDO TIPPETT
SECRETARY
Subject: Secondary road improvements to SR 1621 (Pat Tilley Road) from SR
1616 (Ellis Chapel Road) to Dead End in Durham County. NCDOT Work
Order No. 6.352597.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
SR 1621 (Pat Tilley Road) from SR 1616 (Ellis Chapel Road) to Dead End in Durham
County. Total project length is 0.97 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. SR 1621 is scheduled to be paved in the
2000-2001 Secondary Roads Construction Program. M RZ
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Impacts to Waters of the United States CD --i
Construction of the project will necessitate impacts to waters of the United States
in the Neuse River Basin (Figures 1, 2 and 3):
Site 1 (43+45-L-)
Construction at this site will impact an unnamed perennial tributary to Rocky
Creek (DWQ Index No. 27-3-7.5-(2)). This stream originates at a seep located 150 feet
to the west of the project. The existing structure is a 24-inch corrugated metal pipe that is
Division 5, 2612 N. Duke Street, Durbam, NC 27704
Phone: [phone] Fax: [phone]
2
40 feet long. The replacement pipe is a 24-inch corrugated metal pipe that is 44 feet
long. Permanent impacts to the stream include <0.01 acre fill in surface water and four
linear feet existing channel impacted.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at
jurisdictional sites. Strict enforcement of sedimentation and erosion control Best
Management Practices for the protection of wetlands and surface waters will be enforced
during project construction. Continued coordination will occur with maintenance forces
and the Environmental Officer during construction to minimize impacts to these sites.
The unnamed tributary to Rocky Creek has a Best Usage Classification of Class WS-III
NSW CA. Accordingly, NCODT Design Standards for Sensitive Watersheds (HQW
Guidelines) will be enforced during the life of the project. This allows for 1,800 cubic
feet of storage per acre.
Compensatory Mitigation: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream impacts will not be provided for this project.
Dewatering
The NCDOT proposes to temporarily dewater the stream at Site 1 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 3). 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 this surface water. Temporary
impacts to the stream from this activity will result in the dewatering of <0.01 ac of stream
bed and 54 linear feet stream channel at Site 1. The sandbags or rip rap covered with
filter fabric will be removed after construction.
Riparian Buffer Impacts
The construction of the project involves a road crossing of a stream that is subject
to the Neuse Riparian Buffer Rule. Construction impacts at Site 1 are less than 40 linear
feet of riparian buffer. Based on the impacts to the riparian buffer at this site, this
crossing is exempt.
Y
Summary
NCDOT proposes to upgrade and pave SR 1621 in Durham County. Permanent
impacts associated with the project include <0.01 ac fill in surface water and four linear
feet existing channel impacted at Site 1. Temporary impacts to the streams from
dewatering activity will involve <0.01 ac of stream bed and 54 linear feet stream channel
at Site 1.
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWT) 14 and NWP 33 and DWQ Section 401 Water Quality
Certification (WQC) No. 3289 and No. 3114 for construction of this project. The
NCDOT will comply with all applicable NWP and WQC conditions. In compliance with
Section 143-215.3D(e) of the NCAA we have enclosed a check for $200.00 to act as
payment for processing the Section 401 permit application. A pre-construction
notification is attached with this request. If you have any questions or need additional
information, please contact me at [phone].
Sincerely,
.a(?? --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, P.E., NCDOT District Engineer, Raleigh
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Temporary placement of sandbags or
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filter fabric to facilitate temporary
dewatering of stream. CITY OF DURHAM I
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Site 1
SR 1621 (Pat Tilley Road)
Durham County.
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the. Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace-army.mi.1/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw,usace.army.mil/wetlands/regiour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o,enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 11
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://wwww.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 11
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: NCDOT/Christopher A. Murray
Mailing Address: 2612 N Duke Street Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: cmurraygdot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 11
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1621 (Pat Tilley Roa) from SR 1616 (Ellis Chapel Road) to Dead
End in Durham County.
2. T.I.P. Project Number (NCDOT Only): NCDOT Division Project (non-TIP)
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Durham Nearest Town: Bahama
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Bahama, travel east on SR
1616 and turn right on SR 1621.
5. Site coordinates, if available (UTM or Lat/Long): N/A
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Site is
surrounded by a mixture of undeveloped land and residential houses
7. Property size (acres): Project footprint is 0.97 miles (5121 feet) long and has a right of way
of 60 feet. Property size is 7.05 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Rocky
Creek.
9. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 11
10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at
Pat Tilley Road. At Site 1 (43+45-L-), the existing 40 foot pipe will be replaced with a 44
foot pipe. The stream will be temporarily dewatered for one day during construction.
11. List the type of equipment to be used to construct the project: Excavator, Backhoe,
Bulldozer and Grader.
12. Describe the land use in the vicinity of this project: Mixture of undeveloped land and
houses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous project jurisdictional determination or permit history associated with site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 11
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***

- - U"Jim'L xl aLumly amu luemuly Lemporary impacts. impacts mcluae, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For damns, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htty:/hxv., ,femajov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact*
Length Impact
(linear r feet)
Stream Name* * Average Width
of Stream

Before Impact Perennial or
Intermittent?

Lease specify)
Site 1 Fill (pipe) 4 UT Rocky Creek 2 feet Perennial
Site 1 Dewater (Temporary) 54 UT Rocky Creek 2 feet Perennial
L T _L
1115t cacm impact separately and maenttty temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gam),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wtiV-vv.usss.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wkyw.topozone.com,
wtivw.mapruest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 4 feet permanent fill and
54 feet dewatering which is a temporary impact
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
on ma)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake pond, estuary,
ba ? esound,
, ocean, , etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 11
4. Pond Creation
If construction. of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands and surface waters not affected by project construction will be protected from
unnecessary encroachment. No sta&g of equipment will be allowed in or adjacent to waters of
the U.S. unless necessary for construction. The side slopes at the jurisdictional site has been
steepened to the maximum extent possible. Strict enforcement of Best Management Practices for
the protection of wetlands and surface waters will be enforced during construction. Also, design
standards for sensitive watersheds (HOW guidelines) will be enforced during construction. Only
the smallest amount of fill necessary to complete the project will be placed in waters of the
United States.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 7 of 11
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.stat,-.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Not Applicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:/Wo.enr.state.nc us/R-m/indez htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
Page 8 of 11
If yes, has the document review been fmalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
SITE 1
Zone* (sImpact quare feet Multiplier zMiti ation
1 600 3
2 400 1.5
Total 1000
IF Zone 1 extends out 3U teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existina: 2.35 acre impervious surface of 7.05 acre total Droiect size. Proi)osed:_2.35 acre
impervious surface of 7.05 acre total project size. The erosion control plan for the project is
designed for 1,800 cubic feet of storage per acre. Erosion and sediment control devices along?the
project are comprised of silt fence temporary rock sediment dam, temporary silt basin
Page 9 of 11
temporary rock silt check dam and rock pipe inlet sediment trap All temporarily disturbed areas
will be revegetated after construction.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will not generate wastewater.
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes El No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
A a,-, Y.
Of
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Page 10 of 11
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 11 of 11
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP -
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Proiects Reviewed, No Comments. Not in WS:
010570 - Town of Winfall, Perquimans Co.
010501- Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - WI Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource COnsultants, Catawba Co.
010551- NRCS, Halifax CO.
K? VI
4? OJT
John & Cyndi:
Some of these might have already gone through, but here are my comments:
am-.#
Proiects with Comments:
010235 (DOT, Alexander Co.) -the project is in WS-11. DOT must follow their document "BMPs for
the Protection of Surface Waters"
000894 (DOT, Lincoln Co.) -the project is in WS-II. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-III. If this road is a private road, then it will need to go through the variance
process with Jackson Co. Planning Dept If it is a public road, road crossings are allowed if no
practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village
Planning Dept must review for variance process if its a private rd.
010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go ,through the
variance process with the Gamer Planning Dept If it is a public road, road crossings are allowed if
no practical alternative exists. Plus BUA must be minimized, stormwater diverted' away from
surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
stormwater away from surface waters, and follow their document "BMPs for the Protection of
Surface Waters."
010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it
will need to go through the variance process with the Youngsville Planning Dept. If it is a public
road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "B'MPs for the
Protection of Surface Waters."
010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or
Greenville Planning Dept
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
need a sedimentation and erosion control plan, then state WSWP rules do not apply, however, the
local WSWP program may be more protective. Consult with Durham Planning Dept.' If applies,
the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
Dept. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical alternative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even WS-IV.