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HomeMy WebLinkAbout20010778 Ver 1_Complete File_20010523State 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.: 0 t 13 7 7 a Applicant: Project Name: ra C.DEN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES County: i)JA-, C., f^ Date of Issuance of 401 Water Quality Certification: 6 - i f?z, y 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 1, T, Al G . 41,TnCQ , 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 complianc ntent of the 401 Water Quality Certification and Buffer Rules, the approved plans and speci atio d other supporting materials. Signature: G./ Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: 1, , 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%a 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 11kT?WAA • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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. Sincerely, I Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c:\ncdot\SR 1956\wqc\010778wgc.doc 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 11k,J 1 TTW • A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 15, 2001 Durham County DWQ Project No. 010778 APPROVAL of 401 Water Quality Certification Mr. J.G. Nance, Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, North Carolina 27704 Dear Mr. Nance: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 18 linear feet of streams, and impact an additional 58 linear feet of streams to dewater the construction site. The purpose of the project is the widening and paving of SR 1956 (Stone Road) from Stone Park Court to the dead end in Durham County. The project should be constructed in accordance with your application dated May 21, 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. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is 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 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) 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. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, `send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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%a post consumer paper State of North Carolina Department Of and Natural ReSourronment Division of Water Ces Quality Michael F. Easley, G. Ross Governor Kerr T. Stevens 'Dit r Secretary ector 71 1 gem I?IORTF-{ utilized CAROLINA DEP 11. This Certification shall be ENViRON ARTMENT OF for roads MENT AND NA--?-U Certification for Nationwide Pe RAt_ RESpuRCES high ground for road access; from natural high ground to unit 18 may not be used in conjunction natural high ground. The 12.If an environmentaldocu with this Certification to create ment is re Impact (FONSI or Re quired, this Certification is not valid until a F' of Decision related conditions of cord the (ROD)become conditions FONSI or ROD shall is issued by the State Clearin ending of No Si ficati Significant ouse. All water 13. That additional site t g quality- order to ensure co conditions ilait Certification; -specific ce with all may be added to projects applicable water qualit prop°sed under this Certification in 14. When written concurrence is required Y and effluent standards; Completion Form" r notify , the applicant Q when all work included tin the 401 Cee enclosed "C 15. Concurrence from DW ertification of Q that this Ce rtification has been completed; from the date of the cover letter from Duration applies to an individual project shall expire corresponding Nationwide Permit 14 and Q or on the same day Regional General Pe as the expiration date of the three years Non-compliance with or violation of rmat 198200031 revocation of this Ce the conditions herein set forth b whichever is sooner. Certification for the project and y a specific fill project ma The Director of the No may also result in cri application for of indivi the d North Car°lina Division of W minal and/°r civil ti result in project application fo ual certification for an ater penalties. is likel y to have Quality may require sub uses of the wetland, a stream or significant adverse effe t m that mission a formal do category of of activi wnstrea upon water quality or degrade if it is d eterrriined Public he m waters are precluded. grade the waters so that the decision i deem may be held fors that existing mm in pecific applications or group of a Quality, the public's best interest by the Director of the n s to a s Certification Carolina Division of n Water Effective date: 1 June 2000 DIVISION OF WATER QUALITY By Kerr T. Stevens WQC # 3289 Director 'Vetlands/401 Unit An Telephone 919 733 - 17861 Matl Service Center EQuat °PP°rtunity Affirmative Action Ern to Raleigh, North Carolina 27699- P yer FAX 733-9959 1621 50% recycled/1 Oqo post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality 01 Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: `?• NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES County: 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 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 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 .4pP R a-.- ao.- R. rV1,SSV Fo STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR May 21, 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 LYNDO TIPPETT SECRETARY ®14778 Subject: Secondary road improvements to SR 1956 (Stone Road) from Stone Park Court to dead end in Durham County. NCDOT Work Order No. 6.3 52600. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1956 (Stone Road) from Stone Park Court to dead end in Durham County. Total project length is 0.54 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 1956 is scheduled to be paved in the 2000-2001 Secondary Roads Construction Program. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States (Figures 1 and 2) in the Cape Fear River Basin. The project crosses an unnamed perennial tributary to Northeast Creek (DWQ Index No. 16-41-1-17-(0.3), Best Usage Classification C NSW) at Station 23+70-L-. The existing structure is a.36-inch concrete pipe that is 40 feet long. The replacement pipe is a 48-inch concrete pipe that is 48 feet long. Permanent impacts at the site associated with the replacement of the structure and minimal amounts of rip rap to protect the structure include <0.01 acre fill in surface water and 18 linear feet existing channel impacted. Division 5, 2612 N. Duke Street, Durham, NC 27704 PAYMENT Phone: (919) 560-6081 Fax: (919) 560-3371 E C E IV E 2 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. 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 and wetland impacts will not be provided for this project. 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 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 the surface water. Temporary impacts to the streams from this activity will result in the dewatering of <0.01 ac of stream bed and 58 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of February 7, 2001, there are three federally-protected species listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhus michauxii). Biological Conclusions of No Effect have been rendered for each species. Summary NCDOT proposes to upgrade and pave SR 1956 in Durham County. Permanent impacts at the project include <0.01 acre fill in surface water and 18 linear feet existing channel impacted. Temporary impacts to the streams from dewatering activity will involve <0.01 ac of stream bed and 58 linear feet stream channel. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 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 (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, P.E., NCDOT District Engineer, Durham o hj? v i5 r 19 °. •? .a D j L SITE 1 ° egin Project /End Project i. _?// ?. Q a r G Ilu t f ° :?. o 3so .t1 ' ?, NL J 0 I, u 424• • \• 0 • ' ?87 400 •? Q / n g5o r /?? 4 `b v y 197 ? ?- - .? J w ? /? fist , ?? ? ( .?\•. ? `?-J.f ? J 300 ./ 1. ? di ? ?' / r ?? /3 , t ? %• r r• Meldr zj? V ? II Zi i I ' ' ? V ? s u 13" .. "? BORRO?Y P ?. ' ....? Begin Project e , ei X 5 ' fi ?: End Proj ect NfYY?'j +`3R . n - Y ^ is r' lWsUl5l s `dS G &aSSfield Ws F w. y, a ? k Z Wsc? -_ r h - ,? -.- Cc?t k ??,` `^.?, • ? ?; rc,.'"" ? ? -•., r ','tim ?"y ` t - ?'f CrE3?- F Project Study Area J F SR 1956 Stone Road Durham Count cc 2/` Durham County Soil Survey (Joins sheet 36) z oao 00o FEer T 1 r USDA-MRCS (1970) P;Mlre,) 1.15 Ran Temporary placement of sandbags or Class 2 or Class B rip rap covered with filter fabric to facilitate temporary dewatering of stream. Stream Impact 8 Rip Rap Site 1 SR 1956 Stone Road Durham County 60' ROW Figure 3 P=100' ?? WATT ,.0Q_ G r? > _ -? DIX, 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.mil/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 (919) 733-1786. 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 (919) 733-2293. 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://www.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: 010 778 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: ? II. Applicant Information 1. Owner/Applicant Information Name: NCDOT/Christopher A. Murray Mailing Address: 2612 N. Duke Street Durham NC 27704 Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371 E-mail Address: cmurray@dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: 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 1956 (Stone Road) from Stone Park Court 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: Durham Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From I-40, take Exit 281 and travel north on SR 1959 (Miami Boulevard). Continue north to Bethesda and turn left and travel northwest on SR 1926. Turn left on SR 1955, cross the railroad tracks and turn right onto Stone Park Court and immediately left onto SR 1956. 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 scattered residential houses. 7. Property size (acres): Project footprint is 0.54 mile (2851 feet) long and has a right of way of 60 feet. Property size is 3.93 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Northeast Creek. Page 4 of 1 I 9. River Basin: Cape Fear 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!.) 10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at SR 1956 (Stone Road). At Site 1 (23+70-L-), the existing 40 foot pipe will be replaced with a 48 foot pipe. The stream at Site 1 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 scattered residential housing;. 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. VL 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 I I 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*** List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. . ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://%xAN,\a,.feina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: NIA 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) Site 1 Fill (pipe) and rip rap 18 UT Northeast Creek 8 feet Perennial Site 1 Dewater (Temporary) 58 UT Northeast Creek 8 feet Perennial x List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wNyw.topozone.com, wwtiv.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 18 feet permanent fill and 58 feet temporary dewatering. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) (if Name applicable) Wate) Type of Waterbody (lake> lmnd> estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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 staging 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. 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://`h?-o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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:/lh2o.enr.state.nc.us/wrp/index.ftm. 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No Page 8 of 11 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet 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. N/A 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. Existing: 1.31 acre impervious surface of 3.93 acre total vroiect size. Proposed: 2.62 acre impervious surface of 3.93 acre total project size. The erosion control plan for the project. is designed for 900 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 reveaetated after construction XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will not generate wastewater. XHL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Z XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Page 10 of 11 Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only 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: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 8564520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 7334763 Fax: (919) 715-2671 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: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 2 72 84-9 1 8 0 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 11 of 11 4011SSUED v wYm? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR May. 21, 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 LYNDO TIPPETT SECRETARY 010778 Subject: Secondary road improvements to SR 1956 (Stone Road) from Stone Park Court to dead end in Durham County. NCDOT Work Order No. 6.3 52600. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1956 (Stone Road) from Stone Park Court to dead end in Durham County. Total project length is 0.54 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 1956 is scheduled to be paved in the 2000-2001 Secondary Roads Construction Program. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States (Figures 1 and 2) in the Cape Fear River Basin. The project crosses an unnamed perennial tributary to Northeast Creek (DWQ Index No. 16-41-1-17-(0.3), Best Usage Classification C NSW) at Station 23+70-L-. The existing structure is a 36-inch concrete pipe that is 40 feet long. The replacement pipe is a 48-inch concrete pipe that is 48 feet long. Permanent impacts at the site associated with the replacement of the structure and minimal amounts of rip rap to protect the structure include <0.01 acre fill in surface water and 18 linear feet existing channel impacted. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 PAYMENT RECE , FD 2 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. 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 and wetland impacts will not be provided for this project. 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 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 the surface water. Temporary impacts to the streams from this activity will result in the dewatering of <0.01 ac of stream bed and 58 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be removed after construction. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of February 7, 2001, there are three federally-protected species listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhus michauxii). Biological Conclusions of No Effect have been rendered for each species. Summary NCDOT proposes to upgrade and pave SR 1956 in Durham County. Permanent impacts at the project include <0.01 acre fill in surface water and 18 linear feet existing channel impacted. Temporary impacts to the streams from dewatering activity will involve <0.01 ac of stream bed and 58 linear feet stream channel. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 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 (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, P.E., NCDOT District Engineer, Durham O r ? 1 r ? ? I • / ?O i ?? 1 moo, -O ? A 81 , o SITE 1 /9 • oo ? , _ egin P oject w ?, ,,dQ o \',End Project j?o ? a r / / G t F• ?0 ?? • 0 Q ??? ?• o l • ? ?\ ??, 350 • ? r .?., ••p/ O ,i `.• , •?:? Tank ?// / r 400 ap0 '?/ , •Q f/ `. 350 i/©`/ $? '? i •?• 197 t / r I Project Study Area SR 1956 Stone Road Durham County SE Durham USGS To o Ma p P (1993) Figure 1 1:24,000 1 ? UJllH-NKI,J lly/V) Figure 2 1:15,840 I Temporary placement of sandbags or Class 2 or Class B rip rap covered with filter fabric to facilitate temporary dewatering of stream. T 60' ROW ' Stream Impact V Rip Rap Site 1 SR 1956 Stone Road Durham County Figure 3 111=100' I 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.mil/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/resztour.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/newetlands 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 (919) 733-1786. 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 (919) 733-2293. 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://www.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. 010778 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. 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: (919) 560-6081 Fax Number: (919) 560-3371 E-mail Address: cmurray@dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: 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 1956 (Stone Road) from Stone Park Court 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: Durham Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From I-40, take Exit 281 and travel north on SR 1959 (Miami Boulevard). Continue north to Bethesda, and turn left and travel northwest on SR 1926. Turn left on SR 1955, cross the railroad tracks and turn right onto Stone Park Court and immediately left onto SR 1956. 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 scattered residential houses 7. Property size (acres): Project footprint is 0.54 mile (2851 feet) long and has a right of way of 60 feet. Property size is 3.93 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Northeast Creek. Page 4 of 11 9. River Basin: Cape Fear 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/.) 10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at SR 1956 (Stone Road). At Site 1 (23+70-L-), the existing 40 foot pipe will be replaced with a 48 foot pine. The stream at Site 1 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 scattered residential housing. 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. VL 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*** List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure andflooding. ** 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 http://www.fei-na.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) Site 1 Fill (pipe) and rip rap 18 UT Northeast Creek 8 feet Perennial Site 1 Dewater (Temporary) 58 UT Northeast Creek 8 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/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 www.usQs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., ww?v.topozone.com, www.mwNuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 18 feet permanent fill and 58 feet temporary dewatering. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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 staging 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. 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 I I 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.en.r.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 hqp://h2o.enr.state.nc.ustwrp/indes.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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No Page 8 of 11 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* s Impact feet Multiplier Mitigation 1 3 2 1.5 Total I I L * Zone 1 extends out 30 feet 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 213 .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: 1.31 acre impervious surface of 3.93 acre total moiect size. Proposed: 2.62 acre impervious surface of 3.93 acre total project size. The erosion control plan for the project is designed for 900 cubic feet of storage per acre. Erosion and sediment control devices along the project are comprised of silt fence temporaa 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. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will not generate wastewater. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes :? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Page 10 of 11 Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only 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: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National NJ US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 Telephone: (919) 733-4763 Fax: (919) 715-2671 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: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 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: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 11 of 11