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HomeMy WebLinkAbout20011247 Ver 1_Complete File_20010820r State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F.-Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director DWQ Project No.: 011 Z q7 Applicant: o 2 > 9 e9 .: NC EN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES County: T)y r Uaw\ Project Name: I a, 16 77 ( 7't W(. is V-?l ) firj,,, 5#-- 16 7 0 tfe SrL 16 Date of Issuance of 401 Water Quality Certification: g /t 001 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 maybe 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, f0N G. Nam-#, , 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 comp h and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans ands cifica ' s and other supporting materials. Signature. r? Date: Agent's Certifica ion 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 Date: 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 1650 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 Gregory J. Thorpe, Ph.D., Acting Director 11kTTW,J ` • 1qT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 25, 2001 Durham County DWQ Project No. 011247 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. J.G Nance, P.E. Division Engineer NCDOT Division 5 2612 N. Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, as described in your application dated August 17, 2001, and in accordance with the attached conditions and those listed below, to place fill material in 0.02 acres of wetlands for the purpose of widening and improving SR 1677 (Jefferies Road) from SR 1678 (I-85 Service Road) to SR 1636 (Glen Road) in Durham County. The project shall be constructed in accordance with your application dated August 17, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 213 .033). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6)'and (7). ). This approval shall -expire with the corresponding Nationwide Permit expires_or as_ otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. Wetlands/401 Unit 1650 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 1 11kT1?WAA • Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact John Hennessy at 919-733-1786, or Steve Mitchell at 919- 571-4700. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files - c:\ncdot\SR 1677\wgc\011247wgc.doc inc ely, egor J. Thorpe, Ph.D. Acting irector i Wetlands/401 Unit 1650 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 L; TRANSMITTAL SLIP DATE 6. '7 p TO: erne REF. NO. OR ROOM, BLDG. FROM: -- C ? REF. NO. OR ROOM, BLDG.. 1 5 ra CTION ? NOTE AND FILE ° ? PER OUR CONVERSATION' ? NOTE AND RETURN TOME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION. ' ? PLEASE ANSWER ? FOR YOUR COMMENTS-. ? PREPARE- REPLY FOR MY SIGNATURE ? SIGNATURE - ? TAKE APPROPRIATE. ACTION ? INVESTIGATES AND REPORT COMMENTS: - - - - 1 4 t+ 4 .. _ 'AUG 2 0 2001 I e._. .N. C. DEPARTMENT OF TRANSPORTATION ?r Y eµAATEo STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR August 17, 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 Subject: Secondary road improvements to SR 1677 (Jeffries Road) from SR 1678 (I-85 Service Road) to SR 1636 (Glen Road) in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1677 (Jeffries Road) from SR 1678 (I-85 Service Road) to SR 1636 (Glen Road) in Durham County (Figures 1 and 2). Total project length is 1.22 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 1677 is scheduled to be paved in the 2001-2002 Secondary Roads Construction Program. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States in the Neuse River Basin. Wetland delineations were conducted using the field delineation method outlined in the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987). U. S. Army Corps of Engineers (USACE) Wetland Data Forms and a North Carolina Division of Water Quality (DWQ) Wetland Rating Form are attached to this application. Division 5 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371??%? I? J Site 1-Sta. 13+41-Rt- to Sta. 13+56-Rt- and Sta. 12+63-Lt- to Sta. 13+48-Lt- The project impacts a palustrine emergent wetland (PEM2B) (Figure 3). Permanent impacts at this site include 0.02 acre fill in wetlands. The wetland has a DWQ wetland rating of 20. Please note that there is no jurisdictional stream located at this site. Riparian Buffer Impacts The project is located in the Neuse River Basin. However, there are no jurisdictional stream crossings that will be impacted during roadway construction. There will be no impacts to any riparian buffer regulated by the Rule. 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. An unnamed perennial tributary to Ellerbee Creek and associated wetlands are located at Station 52+00-L-. These systems will not be impacted during project construction. 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. 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 Endangered Species Act. As of February 27, 2001, the bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinaceae laevigata) and Michaux's sumac (Rhus michauxii) are three federally protected species listed for Durham County. Biological Conclusions of No Effect, based on plant surveys or lack of suitable habitat, have been rendered for each species. Historical Compliance Historic compliance work to be scheduled and concurrence with Historic Preservation Office will be obtained if required. Summary NCDOT proposes to upgrade and pave SR 1677 in Durham County. Permanent impacts at Site 1 include 0.02 acre fill in wetland. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14 and DWQ Section 401 Water Quality Certification (WQC) No. 3289 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 Mr. Shane Parker, NCDOT County Maintenance Engineer, Durham NORTH CAROLINA - SHEET NUMBER 18 t cs, '1 I II 1 rn ? j 11 ? 11 < 11 11 1 M 03 1 11 Existing Gravel Road 1 1 0 1 1 1 ' 1 1 1 1 1 I Existing Gravel Road Limits 1 1 1 1 1 1 11 ' I 1 1 1 1 1 1 1 1 1 1 ? 1 I ' I 1 11 1 I 1 1 1 I I 1 1 I I 1 1 1 Site 1-Construction Impact SR 1677 Jeffries Road Durham County Figure 3 1"=100' NOTE: 5-` ?IMI? S Wetland l3? nAl ICON OP 6 , R P mite s ONS PROP 6 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: J R- I0Z7 :1 e4l, a1 Date: 6- t s . o Applicant?Owner: A OT- County: Investigator: r. M a rr State: NL Do Normal Circumstances exist on the site? a ? Community ID: t Is the site significantly disturbed (Atypical Situation)? es ? Transect ID: Is the area a potential Problem Area? Yes /Idq Plot ID: (If needed, explain on reverse.) L.J VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator n( 1. ??21?Me(?ct Cti?in?Y/ZL?Jr! _ ?lIC W?' 9. 2. f a, a rA c a,.? F4C 10. I 3. fir' 11. 4.,. (JA C e__ J t?Ph( WV 12. s. ?av - 13. 6.? U 14. 7. GIA`. Gdn.. A • _ 15. 8. 16. Percent of Dominant species that are.OBL, FACW or FAC (excluding FAC-). IL7o Remarks: ?? ?, ?,, P 5 P 2c, e S ?`' f, P , f r eu? en C e _ L HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs _ Other _In dated _?Saturated in Upper 12 Inches V/No Recorded Data Available Water Marks Qrift Lines _ ? diment Deposits _ Field Observations Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: r (in.) _ Oxidized Root Channels in Upper.12 Inches Depth to Free Water in Pit: 10 (in.) _ Water-Stained Leaves _ Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: ?Z (in.) _ Other (Explain in Remarks) Remarks: S(a1?y L7 ?J ?` is ?eS f f- s? ?f , e-', P SOILS Map Unit Name (Series and Phase): L Oa-. - 17 ANT/Jae. USt: Drainage Class: W Q Field Observations Taxonomy (Subgroup): _ e/ f i L o p'? Confirm Mapped Type? Yes No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon (Munsell Moist) tMunsell Moist) Abundance/Co trast Structure, etc. o-6 Z-5-1 6 _ n 7.!$ 10-4 /6 Cy ^*d_^rsei;Lh?c d a:1 t o a" 6 Zt- Z•S `I 6 1 7, 5- 4 A i!U ?IMHOA? J,5 h^ d- ctc_ o a...? Hydric Soil Indicators: Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Re ucing Conditions ? _ Listed on National Hydric Soils List yed or Low-Chrome Colors _ Other (Explain in Remarks) Remarks: r WETLAND DETERMINATION Hydrophytic Vegetation Present? e N (Circle) (Circle) Wetland Hydrology Present? a C^* Hydric Soils Present? Is this Sampling Point Within a Wetland? es No Remarks: U e?\Ati?; a<< p ctrct ,r,.eps 5 G r e ! ?S-e?t f 5, f P, DATA FORM ROUTINE WETLAND DETERMINATION 0 987 COE Wetlands Delineation Manual) Project/Site: c)t- 16 77 _7e ql?'f `e Q e Date: 61(g lug _T Applicant%Owner: ci1.,,)Z County: Investigator: ? 1 ?rra. State: N C Do Normal Circumstances exist on the site? Community ID: 5'k Is the site significantly disturbed (Atypical Situation)? es Transect ID: U P (an? Is the area a potential Problem Area? Yes Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. , n ,s 3-g e cQ a -F ft 9. 2J.a o4c.. L&r Si-irc c. -l- ur_ :r_ Pa-c r 10. 3-Lolmcer non,ca. ? ??c- 1t. 4. M M Q _ A g, _? FA c w 12. itft u J :I It ? F/+'L 13. 6. l QrnpS:S rc%LCa nS _A-C 14. 7. J US GrG U rd 15- 8. 16. Percent of Dominant species that are.OBL, FACW or FAC -71 (excluding FAC-). Remarks: Qre,,?tc?? I ?- In?c?.??p?? ??? 5?e???s a? 5? ?-P• HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: - Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs _ Inundated _ Other -saturated in Upper 12 Inches _ o Recorded Data Available _ Water Marks _ Drift Lines -sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper.12 Inches _ Water-Stained Leaves Depth to Free Water in Pit: (in.) _ Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: (in.) _ Other (Explain in Remarks) Remarks: Wek?rv? ?5 V"Z - rev,,,- cif- 5i'+c . SOILS Map Unit Name (Series and Phase): (,N?- e 5tvcC Sa.,d Ong G-? 7a ( ()2 Drainage Class: ??(?? Taxonomy (Subgroup): ( is N _ r Field Observations Q (F Confirm Mapped Type? Yes No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inche Horizon (Munsell Moist) (Munsell Moistt) Abundance/Cont ast Structure, etc. s ?' S 6 r Z. ?? y l6 J n...?-?.N! U'? S//7 ?SC.?'- C ?C} 1 d 9 A ' Hydric Soil Indicators: _ Histosoi _ Concretions _ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils _ Suifidic Odor _ _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: N67A-?,j?« ?a?? ,?s ?r? ?? ?f S f l.° WETLAND DETERMINATION Hydrophytic Vegetation Present? Lam' (C.ircle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes Remarks: ?(?/?- ?Jer?wt? (if ?/pe ?c,?r6-Q rS fir' /? J? ??PSP.c f afi -3Z WETLAND RATING WORKSHEET (4th VERSION), Project Name: 5¢- (6,27 Je.ljeS Q? County: Nearest Road: if- &77 7r?F?-ts Q?• Date: o Wetland Area (ac) : 11oZ^ ?Ana? +, Wetland Width (ft): Name of Evaluator(s): Wetland Location: on sound or estuary pond or lake on perennial stream on intermittent stream within interstream divide other (pl--c.)ec-? r ck%AA-e ? Adjacent Land Use: (Within 1/2 mi upstream, upslope, or radius) forested natural veg. ?f0 a agriculture/urbanized -; impervious surface; Adjacent Special Natural Areas Soils I S o i l Series predominantly organic /(humus, muck or peat) predominantly mineral (non-sandy) predominantly sandy Hvd~aulis Factors 6 freshwater brackish steep topography ditched or channelized total wetland width > 100 feet. Dominant Vesetation (1) 3oc??Mu,?. c???.. tc, (,) care (3) Flo ina and Wetness semipermanently to permanent It f looded a-' inundated r;- 4) seasonally flooded or /// inundated intermittently flooded or .temporary surface water Wetland Type (select one)* no evidence of flooding or Bottomland Hardwood Forest, surface water Swamp Forest Bog/Fen Carolina Bay Headwater Forest P-ocosin Bog Forest Pine Savannah Ephemeral Wet1a d ( Q Freshwater Marsh .Other: *The rating system cannot be applied to salt or brackish marshes or stream channels. DE+M RAT I-NG WATER STORAGE ` .- `. .:V K, .l\,i.iv 1 N E ':':Sin t. !.. ......a iiIf C POLLUTANT REMOVAL WILDLIFE HABiTAr l AQUATIC LIFE. VALUE RECREATION/EDUCATION x 4.00 x 5.00 . 2.00 = x 4.00 = x 1.00 = WETLAND SCORE _ _24-z- (TOTAL) (TOTAL) * Add 1 point if in sensitive watershed and >10o nonpoint disturbance - ' 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.ariny.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/retourhtm, 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 12 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://vPNNv.saw.usace.army.mil/wetlandsinMfinalFedReg.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 ol" 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, seethe DWQ web site 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 12 Office Use Only: Form Version April 2001 USACE Action M No. DWQ No. 011247 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 NOTE: The nroiect is located in the Neuse River Basin However, there are no iurisdictional stream crossings that will be impacted during project construction There will be no impacts to any riparian buffer regulated b the Ri arian Buffer Rule 2. Nationwide, Regional or General Permit Number(s) Requested: NWT 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: 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 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: SR 1677 (Jeffries Road) from SR 1678 (I-85 Service Road) to SR 1636 (Glen Road) in Durham County. 2. T.I.P. Project Number (NCDOT Only): NCDOT Division Project (non-TIP) 3. Property Identification Number (Tax PIN): 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Durham, travel north on I- 85 to exit 182. At the end of the off ramp, turn left and travel north on SR 1632 to the other side of the interchange. Turn left onto the I-85 on ramp and immediately turn right on to SR 1678 (I-85 Service Road). Travel south on the I-85 Service Road to SR 1677. 5. Site coordinates, if available (UTM or Lat/Long): UTM 17 696219E 3990777N (SITE 1 Crossing) (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, farm land and scattered residential houses. 7. Property size (acres): Project footprint is 1.22 mile (6,442 feet) g and has a right of way of 60 feet. Property size is 8.87 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): No stream impacts located at project site. Nearest body of water is unnamed tributary to Ellerbee Creek, which is northeast of Site 1. Page 4 of 12 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/.) 10. Describe the purpose of the proposed work: Grade, drain. base pave and erosion control at SR 1677 (Jeffries Road). At Site 1 (Sta. 13+41-Rt- to Sta 13+56-Rt- and Sta. 12+63-Lt- to Sta. 13+48-Lt), project construction will impact 0.02 acre of an emergent wetland. 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. farm 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 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 12 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*** 1 Fill 0.02 No 100 (approx.) Emergent * 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://wir-w.fema.gov. . *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.02 acre in project limits. Total area of wetland impact proposed: 0.02 acre in project limits. 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) * 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 losstgain), 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 w1rxv.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wvm--.topozonexom, wtivw.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if 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 12 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. An unnamed tributary to Ellerbee Creek and associated wetlands are located at Station 52+00-L-. These systems will be avoided during project construction. No staging of equipment will be allowed in or adjacent to waters of the U.S. 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 neces 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 Page 7 of 12 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://'h2o.enr.state.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 htw://h-lo.enr.state.nc.us/Nv, /index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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 12 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 (Neuse), 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: NOTE. The project is located in the Neuse River Basin However, there are no iurisdictional stream crossings that wall be impacted during prroiect construction There will be no impacts to any riparian buffer regulated by he ftarian Buffer Rule 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 wImpact are feet Multiplier Required Mitigation 1 3 2 1.5 Total _ _...---- ..... .,.,. Yv. f.vaauavuacu uvut uccu v[uul VL vaummi; Lune L emends 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: 3.40 acre impervious surface of 8.87 acre total project size Proposed: 3.40 acre impervious surface of 8.87 acre total project size The erosion control plan for the project is Page 9 of 12 designed for 900 cubic feet of storage per acre Erosion and sediment control devices along the project are comprised of temporary silt basin (Type B temporary rock silt check (Type B)temporary rock sediment dam (Type B) and rock pipe inlet sediment trap (Type A) All temporarily disturbed areas will be revegetated after construction XU. 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 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fat 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). ok ?---?- 8 15^ v ! Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 12 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) 2714854 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 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 Nati onal 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) 2514025 Cumberland New Hanover Scotland US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 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 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management 1638 Mail Service Center CAMA and NC Coastal Counties Beaufort Chowan Bertie Craven Hertford Pasquotank Hyde Pender Page 11 of 12 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 12 of 12