20010764 Ver 1_Complete File_20010520

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Bill Ross, Secretary
Kerr T. Stevens, Director
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
4 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 21, 2001
DWQ No. 010764
Granville County
Re: Granville County, Replacement of Bridge No. 59 over Ledge Creek on SR 1110,
Federal Aid Project No. BRZ-1110(1), State Project No. 8.2370501; TIP B-3336.
Ledge Creek [27-10; WS II, HQW CA]
APPROVAL of Neuse Buffer Rules AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Gilmore,
You have our approval, in accordance with the attached conditions, to impact 0.28 acres of protected riparian
buffers (Zone 1: 0.21 acres, Zone 2: 0.07 acres) for the purpose of replacing Bridge Number 59 over Ledge
Creek on SR 1110. The project shall be constructed according to your application dated May 21, 2001and any
conditions listed below. This approval shall act as your Authorization Certificate as required within the Neuse
River Riparian Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control
This approval is only valid for the purpose and design that you described in your application dated May 21,
2001. If you change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this authorization and approval letter and is
thereby responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below.
If you do not accept any of the conditions of this authorization, 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 authorization and its conditions are final and
binding unless you ask for a hearing.
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
Page 2 of 2
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0233(8). If you have any questions, please contact John Hennessy
at 919-733-5694.
Sincerely,
Stevens
Cc: US Army Corps of Engineers Raleigh Field ice
DWQ Raleigh Regional Office
File Copy
Central Files
C:\ncdot\SR I I I0\wqc\buffer authorization.doc
d.us SWTE ?,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTAUO
MICHAEL F. EASLEY
GOVERNOR
NCDENR
Division of Water Quality/Wetlands
1621 Mail Service Center
Raleigh, NC 27699-1621
ATTENTION: Mr. John Hennessy
NCDOT Coordinator
Dear Sir:
LYNDo TIPPETT
SECRETARY
010764
;a wit
Subject: Granville County, Replacement of Bridge No. 59 over Ledge Creek on
SR 1110, Federal Project No. BRZ-1110(1), State Project No. 8.2370501,
T.I.P. No. B-3336, Action I.D. 199505637.
Here is the information about NCDOT project B-3336 as requested. In addition
to the February buffer application, I have attached a copy of the new NW 23 recently
issued by the Corps of Engineers for the project. I also thought you might need the buffer
information in the PCN format, therefore we have enclosed a copy of the data in that
format. The DOT requests a letter of authorization from the DWQ under Section 15A
NCAC 2B .0233 (7) (b) of the Neuse River Buffer Rules.
Thank you for your help in expediting this application. If you have any questions
or need additional information please call me at 733-7844 Ext. 288.
Sincerely
lice N. Gordon, Environmental Specialist
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
May 21, 2001
Project Development & Environmental Analysis Branch
TELEPHONE: [phone]
FAX: [phone]
WEBSITE. WWW.DOH.DOT.STATE.NC.US
? uQ
e-
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

STATE OF NORTH CAROLINA.
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 28, 2001
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
ATTENTION: Mr. Eric Alsmeyer
NCDOT Coordinator
Dear Sir:
Subject: Granville County, Replacement of Bridge No. 59 over Ledge Creek on
SR 1110, Federal Project No. BRZ-1110(1), State Project No. 8.2370501,
T.I.P. No. B-3336, Action I.D. 199505637.
The Corps of Engineers (COE) issued a Section 404 Nationwide Permit 23 for the
subject project on September 14, 1995 which expired on January 21, 1997. A permit
renewal was issued by you on March 16, 1999, which will expire in March 2001. The
replacement of Bridge No. 59 over Ledge Creek on SR 1110 has been delayed and is now
scheduled to be let to construction in June 2001. Consequently, the Department of
Transportation (DOT) needs to renew authorization for this work.
. This project is located in the Neuse River Basin; therefore the regulations
pertaining to the Neuse River Buffer Rules will apply. There are 0.21 acres of impacts to
Buffer Zone One, and 0.07 acres of impact to Buffer Zone Two (see Sheets 3 and 4 of 4).
Originally there was a pipe discharging from the roadway at station 11+10 left into the
buffer. We revised the design and the pipe now drains to the right side outside the buffer
as shown on Sheet 3 of 4.
?V?
Information regarding the project description has not changed since the
distribution of the programmatic Categorical Exclusion and the Natural Resources
Technical Report (NRTR) in a letter dated August 30, 1995. The bridge will be replaced
on existing location. An off-site detour will be utilized during bridge replacement, as
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548
traffic will be maintained along existing secondary roads. There was a minor revision in
the design that did not significantly change the footprint of the project. The plans were
revised to show 3.3m (11') lanes and 1.5m (5') shoulders from 3.Om and 1.8m. No
additional easements or right of way were required with the revision.
The DOT requests that the COE reauthorize this bridge replacement project in
Granville County under a Section 404 Nationwide Permit 23. Reissuance of 401 Water
Quality Certification by the Division of Water Quality is also requested. In addition to the
Water. Quality Certification, a letter of authorization from the DWQ will be required
under Section 15A NCAC 2B .0233 (7) (b) of the Neuse River Buffer Rules.
If you have any questions or need additional information please call Ms. Alice N.
Gordon at 733-7844 Ext. 288.
Sincerely,
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E., Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. John Nance, P.E., Division 5 Engineer -
Mr. John L. Williams, P.E., P & E Project Planning Engineer
t

?t
ar Grob-
0 R,, A
nar ca
Lake
0 5 10 10 30
0 10 20 30 40 48
One inch e0oals aCOroaimately 13 miles and aCCroximatel_y 21 kilometers:
One mile is e4uat to 1,609 kilometers
SCALE INSET SCALE

:.:J !I,C'!I!S!?
?' 2JI. ZOa?
N.. C.D. O. i .
DIVISION OF HIGHWAYS
VICINITY GRANVIME COUNTY
PROJECT. B-3336 8.2370501
MAPS BRIDGE NO. 59
ON SR 1110
OVER LEDGE CREEK
?? y t= 4 DATE:21612001
SCALE
t a i : s cwt
c o.s wiE
SCALE FOR ENUROE.wENTS
N.C.D.O. T
DI HSION OF HIGHWAYS
VICINITY GRANTVII.T.F. COUN7T
PROJECT. B-3336 8.2370501
BRDGE "NO. 59
MAPS ON SR 1110,
OVER LEDGE CREEK
S t{ . Z CF- 4 DATE: 21612Cc2
0
3
o
0
n
LIM
p
N
N N
Z Z
m m
v ?
D n
-4
i
N N.
O
zby
`atN ?IJ
y
R1 ?V
c '
It

nl?'' f r
?\ o I
-
QQ
N
15t F
?T
e?
11+00

11 K-
v
IC
I
I a'fe" `z

C

N.
bl F
?I ? I a i
01 2
I I 0?
o. ? I
I 3
I N
1 ? 1
I'
I
I? ? Ia
I?
cn
m
m
--i
.A
O
m
4-1.

O
?
D
J m
"
1 o-

- m m a
.?
l.. c
o 0
m -o c
?
m
m

a n
O
D

+ cn
A OZ
O CD _ N
= Z
OD
X, co
w D m
w
C.0
o
W
C
0
0 o
o N
O n
m o Dm.
v
? N ? rn

o ? cn D

w 0
? D
n

Cl)
Cl)
C
r
m
D D
T
X
'<
m
N
o -?
n m ?'
Z

O

Z
N W
=0
D m C
-n Doa)c)
Nj @
N n W <
O
N O
n
O
co
N
S Z C
1l
D m -n
- m o

? N

c? o

;? 0

ro O
Z
Office Use Only: Q 1 V ( D 4 Form Version April 2001
USACE Action ID No. 199505637 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
1. Check all of the approval(s) requested for this project:
M Section 404 Permit
Section 10 Permit
M 401 Water Quality Certification
M Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW23 renewal
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: M
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: n
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Telephone Number: 919-733-3141 Fax Number: 919-733-9794
E-mail Address: b ilmorekdot.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:
E-mail Address:
Fax Number:
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: Bridge over Ledge Creek
2. T.I.P. Project Number (NCDOT Only): B-3336
3. Property Identification Number (Tax PIN):
4. Location
County: Granville Nearest Town: Creedmoor
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Bridge No. 59 over Ledge Creek
on SR 1110 approximately 0.25 miles southeast of NC Highway 15, approximately 1 mile
southwest of Creedmoor, NC
5. Site coordinates, if available (UTM or Lat/Long): see attached application
(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:
rural
7. Property size (acres):
8.. Nearest body of water (stream/river/sound/ocean/lake):. Ledge Creek
9. River Basin: Neuse
(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/mgps/.)
10. Describe the purpose of the proposed work: replacement of bridge with another bridge
Page 4 of 12
11. List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project:
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.
AID 199505637 (copy attached)
WQC Project # 990191 issued March 16, 1999
No impacts to wetlands. 0.30 acres of impacts to jurisdictional surface waters of the United
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: no
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.
1. Wetland Impacts NONE
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/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://www.fema'gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wettand, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
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 map)
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.
4. Pond Creation N/A
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 F-1 stream E] 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.
This project is located in the Neuse River Basin; therefore the regulations pertaining to
the Neuse River Buffer Rules will apply. There are 0.21 acres of impacts to Buffer Zone
One, and 0.07 acres of impact to Buffer Zone Two (see Sheets 3 and 4 of 4). Originally
there was a pipe discharging from the roadway at station 11+10 left into the buffer. We
revised the design and the pipe now drains to the right side outside the buffer as shown on
Sheet 3 of 4.
Page 7 of 12
VIII. Mitigation No mitigation proposed
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for 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
hqp://h2o.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.
Page 8 of 12
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://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes N No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes N No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes N 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.
Page 9 of 12
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 E] 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 0.21 ac 3
2 0.07ac 1.5
Total 0.28 ac
Gone 1 extends out su teet perpenaicuiar from near bank of cnannel; Gone z 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.
Not required
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.
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [J No
Page 10 of 12
Is this an after-the-fact permit application?
Yes E] 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).
jj.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
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: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Page I 1 of 12
?'y?
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
(Web page - hgp://www.saw.usace.g.M.miVwetlands/regtour.h!m)
Action ID. 199505637 TIP B-3336 County Granville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: NCDOT
Address: Division of Highways,
ATTN: William D. Gilmore, P.E., Manager
Project Development and `'.`
Environmental Analysis Branch=
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Telephone No.: 733-7844, ext. 288 (Alice Gordon) > ate.
Location of project (waterway, road name/number, town, etc.): SR 1110; over Ledge Creek, southwest of
Creedmoor, North Carolina.
Description of Activity: Discharge of fill material impacting a total of less than 0.1 acre impact to waters of the US,
including wetlands, for construction of the replacement of Bridge No. 59 with a new bridge (TIP No. B-3336). Note:
This verification does not include impacts to waters of the United States from any construction access, bridge
demolition, on-site detours, spoil disposal, or borrow sites. These impacts would have to be permitted separately if
they become necessary.
® Section 404 (Clean Water Act, 33 USC 1344) only.
? Section 10 (River and Harbor Act of 1899) only.
? Section 404 and Section 10.
23 Nationwide Permit Number.
Any violation of the conditions of the Nationwide Permit referenced above may subject the permittee to a stop
work order, a restoration order, and/or appropriate legal action.
This Department of the Army Nationwide Permit verification does not relieve the undersigned permittee of
the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to
contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of
Engineers regulatory program, please contact Eric Alsme er at telephone number [phone], extension 23.
Regulatory Project Manager Signature Tel. No. 919-876-8441, ext.23
Date April 26, 2001 Expiration Date February 1 , 2002
Note: When the nationwide permit authorization expires, activities which have commenced or are under contract to
commence, in reliance upon the nationwide permit, will remain authorized. This is provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation.
qt
ar G
0
ane

0 S t0 20 30
0 l0 20 30 40 48
One inch equals approximately 13 miles and approximately 21 kilometers
0-le mite is equal to 1.609 kilometers
0 1 2 3
SCALE INSET SCALE
N. C.D.O. T'.
DI VISIO t OF HIGHWAYS
VICINITY GRAWVVI LE COUNTY
PROJECT. B-3336 8.2370501
MAPS BRIDGE NO. 59
ON SR MO
OVER LEDGE CREEK
?}? ] a) r 4 DATE: 21612001
SCALE
t o t z s ??s
0 os nutF
SCALE FOR ENLARGEMENTS
N.C.D.O.T.
DIVISION OF HIGHWAYS
VICINITY GRANELLLE COUNTY
PROJECT: B-3336 8.2-370501 -
MAIDS
BRIDGE NO. 59
ON SR 1110
OVER LEDGE CREEK
x
? ? 1 1 IY
tl' 1
w' ? 1
W
1 ? ?1
1 io
?r 'I f
• ?-00+ZT 1 z 10
a
a
i
N
Y331/,) ,?? I
? I
I
s
r
00+11
? o
?o
e?
w2
aw
o
s?
rol
N
rat
N
e? N
W
a _ , 4
a
?? O 00
^t M?CF.4W O
• ?yW Waco ?
V o ?? 94
Q
J
J?
pe q
a\ ti3
ti
s
x ?'.. I I I i
I
Z
O a
W

Q N
o
N ^
''
V
a
a g

o w
U. W
=
N
co
0
U
O w
C)
N M N
U- a
W Q
CDmao D Qx
m N
Z

U)

Z
J w 4
o
F- =
w N

?
N
Li.
Q
?
c
G Z ?
J

U)
A

?v
°
a ~
? U
Q
? a
tLI
U C-l
Lu :z
Z to
CC)
co
.
0-
= N O
? 0 0
M
W
rn rn
2 =
p ... 0
o
. O
N c o

z O t+
O C

O
F
U LL N
+
W LLj
C
W
- W
O
U
m
? N
N N
O
Z
H Q
N H

F-
11,
LL
O
?r
w
w
U)
NATIONWIDE PERMIT #23: APPROVED CATEGORICAL EXCLUSIONS
Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by
another Federal agency or department where that agency or department has determined, pursuant to the
Council on Environmental Quality Regulation for Implementing the Procedural Provisions of the National
Environmental Policy Act (40 CFR part 1500 et seq.), that the activity, work, or discharge is categorically
excluded from environmental documentation because it is included within a category of actions which
neither individually nor cumulatively have a significant effect on the human environment, and he Office of
the Chief of Engineers (ATTN: CECW-OR) has been furnished notice of the agency's or department's
application for the categorical exclusion and concurs with that determination. Prior to approval for purposes
of this NWP of any agency's categorical exclusions, the Chief of Engineers will solicit public comment. In
addressing these comments, the Chief of Engineers may require certain conditions for authorization of an
agency's categorical exclusions under this NWP. (Sections 10 and 404)
Nationwide Permit General Conditions
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil and other
fills, as well as any work below the ordinary high. water mark or high tide line, must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species
of aquatic life indigenous to the waterbody, including those species which normally migrate through the
area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be
installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification
and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion
in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct
management responsibility for such river, has determined in writing that the proposed activity will not
adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National
Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality
certification must be obtained or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification
(either generically or individually) does not require or approve a water quality management plan, the
permittee must include design criteria and techniques that will ensure that the authorized work does not
result in more than minimal degradation of water quality. An important component of a water quality
management plan includes stormwater management that minimizes degradation of the downstream aquatic
system, including water quality. Refer to General Condition 21 for stormwater management requirements.
Another important component of a water quality management plan is the establishment and maintenance of
vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated
buffer requirements for the NWPs.
10. Coastal Zone Management. In certain states, an individual state coastal zone management
consistency coneurrence must be obtained or waived (see Section 330.4(d)). -
11. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any
listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located
in the designated critical habitat and shall not begin work on the activity until notified by the District
Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is
authorized. For activities that may affect Federally-listed endangered or threatened species or designated
critical habitat, the notification must include the name(s) of the endangered or threatened species that may
be affected by the proposed work or that utilize the designated critical habitat that may be affected by the
proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a nationwide permit does not authorize the "take of a
threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both
lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and their critical habitat can be obtained
directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or
their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and
http://www.nfrns.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the DE has complied with the
provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if
the authorized activity may affect any historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on
the location and existence of historic resources can be obtained from the State Historic Preservatioi Office
and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic
properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must
state which historic property may be affected by the proposed work or include a vicinity map indicating the
location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWT, the prospective permittee
must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can
request the additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the District Engineer will
notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the District Engineer. The
prospective permittee shall not begin the activity:
(I) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an individual permit is
required; or
2
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or Division
Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the following
information:
(1) Name, address, and telephone numbers of the prospective permittee;
(2) Location of the proposed project; -
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or
individual permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity; and
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include
a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged
aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information
regarding the original design capacities and configurations of those areas of the facility where maintenance
dredging or excavation is proposed.
(6) For NWP 14, Linear Transportation Crossings, the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement
describing how temporary losses of waters of the United States will be minimized to the maximum extent
practicable.
(7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of
Surface Mining (OSM) or state-approved mitigation plan.
(8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation
of the prior condition of the site that will be reverted by the permittee.
(9) For NWP 29, Single-Family Housing, the PCN must also include:
(i) Any past use of this NWP by the individual permittee and/or the permittee's
spouse;
(ii) A statement that the single-family housing activity is for a personal
residence of the permittee;
(iii) A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring 1/4 acre or less will not require a formal
on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the
amount of wetlands that exists on the property. For parcels greater than 1/4 acre in size, a formal wetland
delineation must be prepared in accordance with the current method required by the Corps. (See paragraph
13(f));
(iv) A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of
the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-
tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other
contract for sale or purchase has been executed;
(10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a
five year (or less) maintenance plan. In addition, the PCN must include all of the following:
(i) Sufficient baseline information so as to identify the approved channel depths
and configurations and existing facilities. Minor deviations are authorized, provided the approved flood
control protection or drainage is not increased;
(ii) A delineation of any affected special aquatic sites, including wetlands; and,
(iii) Location of the dredged material disposal site.
(11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also
include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic
resources.
(12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization of losses of waters of the United States were
achieved on the project site.
3
(13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP
42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets
unavoidable losses of waters of the United States or justification explaining why compensatory mitigation
should not be required.
(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stormwater management facilities, a maintenance pl=4in accordance with State and
local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the
United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters of
the United States adversely affected by the project, a description of measures taken to minimize adverse
effects to waters of the United States, a description of measures taken to comply with the criteria of the
NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non-tidal wetlands
adjacent to headwaters and any hard rock/mineral mining activities).
(17) For activities that may adversely affect Federally-listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species that may be affected
by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property.
(19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade
fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved
local floodplain maps), the notification must include documentation demonstrating that the proposed work
complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Form ENG 4345) may
be used as the notification but must clearly indicate that it is a PCN and must include all of the information
required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be
used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than minimal
individual or cumulative adverse environmental effects or may be contrary to the public interest. The
prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the
process and the District Engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer determines that the activity
complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment
are minimal, the District Engineer will notify the permittee and include any conditions the District &gineer
deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal
with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the
proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of
receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would
ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the
project on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely written
response to the applicant stating that the project can proceed under the terms and conditions of the
nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more than
minimal, then he will notify the applicant either: (1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2)
that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal
that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project
4
is authorized under the NWP with specific modifications or conditions. Where the District Engineer
determines that mitigation is required in order to ensure no more than minimal adverse effects on the
aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary
conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that
would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the
United States will occur until the District Engineer has approved a specific mitigation plan.
(e) Agency-Coordination;-.._The District Engineer will consider any comments from Federal and
State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs
and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal
level.
For activities requiring notification to the District Engineer that result in the loss of greater than
1/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide
immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the
appropriate offices of the Fish.and Wildlife Service, State natural resource or water quality agency, EPA,
State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service.
With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-
specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar
days before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource agency,
except as provided below. The District Engineer will indicate in the administrative record associated with
each notification that the resource agencies' concerns were considered. As required by Section
305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer
will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of
notifications to expedite agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current
method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than 1/4 acre in size.
The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the
Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has
been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received a Nationwide permit verification
from the Corps will submit a signed certification regarding the completed work and any required mitigation.
The certification will be forwarded by the Corps with the authorization letter. The certification will
include: a.) A statement that the authorized work was done in accordance with the Corps authorization,
including any general or specific conditions; b.) A statement that any required mitigation was completed in
accordance with the permit conditions; and c.) The signature of the permittee certifying the completion of
the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total
project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public water supply
intake except where the activity is for repair of the public water supply intake structures or adjacent bank
stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4.
5
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse
effects to waters-of the United States to the maximum extent practicable at the project site_.(Le., on site)--
Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are
minimal. The District Engineer will consider the factors discussed below when determining the
acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic
environment that are more than minimal.
(a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for
restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in
exceptional circumstances.
(b) To be practicable, the mitigation must be available and capable of being done considering
costs, existing technology, and logistics in light of the overall project purposes. 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 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, preferably in the same watershed;
(c) The District Engineer will require restoration, creation, enhancement, or preservation of other
aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse
effects on the aquatic environment are minimal. An important element of any compensatory mitigation
plan for projects in or near streams or other open waters is the establishment and maintenance, to the
maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated
buffer should consist-of native species. The District Engineer will determine the appropriate width of the
vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address
documented water quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic
environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining
compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one
acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and
values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the
acreage limits of some of the NWPs (e.g., for NWP 39, 1/4 acre of wetlands cannot be created to change a
1/2 acre loss of wetlands to a 1/4 acre loss; however, 1/2 acre of created wetlands can be used to reduce the
impacts of a 1/3 acre loss of wetlands). If the prospective permittee is required to submit a compensatory
mitigation proposal with the PCN, the proposal may be either conceptual or detailed.
(d) To the extent appropriate, permittees should consider mitigation banking and other appropriate
forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is
necessary to offset losses of waters of the United States and ensure that the net adverse effects of the
authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as
mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District
Engineer determines that activity-specific compensatory mitigation is more appropriate, based on which is
best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks
of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked
for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the
watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset
the losses of waters, of the United States to ensure that the net adverse effects of the authorized work on the
aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided
6
to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or
smother downstream by substantial turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates).
Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high
flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged
or fill material must-withstand expected high flows. The activity must, to the maximum extent practicable,
provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site
similar to preconstruction conditions, and must not increase water flows from the project site, relocate
water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the
maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of
water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow shall be minimized to the maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated
marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat
for Federally listed, threatened and endangered species, coral reefs, State natural heritage sites, and
outstanding national resource waters or other waters officially designated by a State as having particular
environmental or ecological significance and identified by the District Engineer after notice and opportunity
for public comment. The District Engineer may also designate additional critical resource waters after
notice and opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters of the United States
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within,
or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States may be authorized by the above NWPs in National
Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be
authorized in designated critical habitat for Federally listed threatened or endangered species if the activity
complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service has concurred in a determination of compliance with this condition.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is
required in accordance with General Condition 13, for any activity proposed in the designated critical
resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities
under these NWPs only after he determines that the impacts to the critical resource waters will be no more
than minimal.
26. Fills Within 100-Year Fooodplains. For purposes of this general condition, 100-year
floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United
States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a
stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the prospective permittee must
notify the District Engineer in accordance with General Condition 13 and the notification must include
documentation that any permanent, above-grade fills in waters of the United States within the 100-year
7
floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction
requirements.
(b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is
five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting
in permanent, above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not
authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District
-- Engineer in accordance with General Condition 13. The notification must include documentation that such
discharges comply with FEMA or FEMA-approved local floodplain construction requirements. .
(2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in
permanent, above-grade fills within the floodway of the 100-year floodplain of headwaters are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District
Engineer in accordance with General Condition 13 and the notification must include documentation that
any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local
floodplain construction requirements.
8
http://h2o. enr. state.nc.us/ncwetlands/files/GENCERT.23
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 23 (APPROVED
CATEGORICAL EXCLUSIONS).
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas
as described in 33 CFR 330 Appendix A (B) (23). This Certification
replaces Water Quality Certification Number 2670 issued on January 21,
1992 and Water Quality Certification Number 2734 issued on May 1 1993.
This WQC is rescinded when the corps of Engineers reauthorize
Nationwide Permit 23 or when deemed appropriate by the Director of the
DWQ.
The State of North Carolina certifies that the specified
category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of waters or
wetlands for this General Certification requires written
notification to the Division of Water Quality regarding the
extent of impact to waters and wetlands;
2. Two copies shall be submitted to DWQ at the time of
notification in accordance with 15A NCAC 2H .0501(a);
3. Fill or alteration of more than one acre (0.45 ha) of
wetlands will require compensatory mitigation in accordance
with 15A NCAC .0506 (h). Written DWQ approval is required
for this mitigation plan which may utilize the state's
Wetland Restoration Program;
4. Fill or alteration of more than 150 linear feet (45.7 meters)
1 of 3 05/01/2001 1:59 PM
http://h2o.enr.state.nc.us/ncwetlands/files/GENCERT.23
or streams may require compensatory mitigation in accordance
with 15A.NCAC 2H .0506(h). Written DWQ approval is required
for this mitigation plan which may utilize the state's
Wetland Restoration Program;
5. That appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent edition of
the "North Carolina Erosion and Sediment Control Planning and
Design Manual" or "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DEHNR
Regional or Central Offices) are utilized to prevent
exceedances of the appropriate turbidity water quality
standard (50 NTUs in streams and rivers not designated as
trout by DWQ; 25 NTUs in all saltwater classes, and all lakes
and reservoirs; and 10 NTUs in trout waters);
6. All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
7. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
8. That additional site-specific conditions may be added to
projects proposed under this Certification in.order to ensure
compliance with all applicable water quality and effluent
standards;
9. If the project is not completed within three years from the
date of the first notification to DWQ, then the applicant
will again need to notify DWQ.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project and may also result in criminal
and/or civil penalties.
2 of 3 05/01/2001 1.59 PM
http://h2o. enr. state.nc.us/ncwetlands/files/GENCERT.23
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of activity, if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 11 February 1997.
DIVISION OF WATER QUALITY
By
A. Preston Howard, Jr. P.E.,
Director
gencert.23
WQC # 3107
3 of3 nvnii?nm t.CnDTIX