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HomeMy WebLinkAbout20011091 Ver 1_Complete File_20010716State 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 i7kTWA • 1 T NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 1, 2001 Halifax County DWQ Project No. 011091 APPROVAL of 401 Water Quality Certification Mr. James G. Trogdon, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27893 Dear Mr. Trogdon: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in .054 acres of wetlands and 60 linear feet of streams for the purpose of widening and paving SR 1227 in Halifax County. The project should be constructed in accordance with your application dated July 5, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14, issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 4 00 OWN" NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ROAD CROSSING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS), REGIONAL GENERAL PERMIT 198200031 AND NEUSE/TAR- PAMLICO/RANDLEMAN BUFFER RULES This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 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) (14) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC 2B .0233,.0259 and .0250). The category of activities shall include any fill activity for road crossing and is limited to fill less than one-third of an acre. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992 and Water Quality Certification Number 3103 issued on February 11, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General Permit 198200031 when deemed appropriate by the Director of the DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable; . portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for impacts to streams and/or wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols; 4. For any project involving a stream re-alignment, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel, to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir Wetlands/401 Unit 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 e Michael F. Easley, Governor NC ENR William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere; 5. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A NCAC 213 .0259 and .0250 and 15A NCAC 2H.0500. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 213 .0259 and .0250. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 6. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the' elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands; 7. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that allowed under other General Certifications. Deed restrictions must be placed on the remaining wetlands and streams on these lots to restrict future wetland and stream fill. DWQ shall be sent copies of all deed restrictions applied to these lots; 8. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 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 • A-ft Michael F. Easley, Governor NC ENR William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES 11. This Certification shall be utilized for roads from natural high ground to natural high ground. The Certification for Nationwide Permit 18 may not be used in conjunction with this Certification to create high ground for road access; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this Certification; 13. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 14. When written concurrence is required, the applicant is required to use the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed; 15. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 14 and Regional General Permit 198200031 whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland, stream or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 1 June 2000 DIVISION OF WATER QUALITY By Kerr T. Stevens Director WQC # 3289 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 1TkW,"!;VAJ and Natural Resources Division of Water Quality Michael F. Easley, Governor NC ENR William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be -built within substantial compliance and, intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Wetlands/401 Unit 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 4 00 Michael F. Easley, Governor NC ENR William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact John Hennessy at 919-733-5694. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c:\ncdot\SR 1227\wgc\011091 wqc.doc rpe, Ph.D c kigirector 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/] 0% post consumer paper e?RNEo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY July 5, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office f _ 6508 Falls of the Neuse Road, Suite 120 J? Raleigh, NC 27609 Fr?? Attention: Mr. Eric Alsmeyer SS'(/ NCDOT Coordinator ?v Subject: Secondary road improvements to SR 1227 (Spell Branch Road) from SR 1226 (Bellamy Lake Road) to NC 481 in Halifax County. State Project No. 6.302062T. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1227 (Spell Branch Road) from SR 1226 (Bellamy Lake Road) to NC 481 in Halifax County. SR 1227 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 0.81 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. Spell Branch Road is scheduled for paving in the 2000-2001 Secondary Roads Construction Program. Impacts to Waters of the United States Post Office Box 3165, Wilson, North Carolina 27895-3165 rn C) si r'; Construction of the project will necessitate impacts to waters of the United States in the Tar River Basin. The proposed road ctirrently crosses an unnamed perennial tributary to Rocky Swamp with a 46-inch diameter corrugated metal pipe (CMP), and one intermittent tributary to Rocky Swamp with a 24-inch diameter CMP. Impacts to the stream from construction include minimal impacts due to the pipe replacements of approximately 1032 square feet of stream channel (0.02 ac.). LOCATION EXISTING EXISTING PROPOSED PROPOSED Station Width in. Length ft. Width in. Length ft. 66+25 46 40 2 @ 87 x 63 60 81+25 18 44 24 44 The proposed road project impacts approximately 0.05 acres, with 5 feet of minimal widening necessary to upgrade the existing road to current standard safety design specifications. Wetlands were observed adjacent to the existing roadside ditches, on both sides of the existing road, from Station 64+00 to Station 66+85. Waters of the U.S. Mitigation Avoidance: Minimal ditch work will be performed within the wetland area identified between Station 64+00 to Station 66+85. All wetlands or 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 or near wetlands or surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be strictly enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to waters of the U. S. at these sites. Compensatory Mitigation: Construction of the project will result in 0.05 acres of impacts to waters of the U.S., therefore no compensatory mitigation is required at this time. Impacts have been minimized to the maximum extent possible during the design process. Riparian Buffer Impacts The construction of the project involves a road crossing of a stream that is subject to the Tar-Pamlico Riparian Buffer Rules. Construction impacts at each jurisdictional crossing are less than 40 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, the crossing is exempt from the Rule. Efforts will be made to minimize the impacts of any additional storm water by the installation of extra check dams, level spreaders and vegetated swales wherever possible. Dewatering The NCDOT proposes to temporarily dewater the stream during construction of the project. This will involve the temporary placement of sandbags, sheet metal cofferdams, or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet. To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered for less than five consecutive working days. This will result in minor temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of a total of 1365 square feet (0.03 acres) of streambed and approximately 70 linear feet stream channel at each jurisdictional crossing. The sandbags or riprap covered with filter fabric will be entirely removed after construction. Regulatory Review The subject project has been reviewed and concurrence obtained from the State Historic Preservation Office that there is no effect to any National Register or Study-listed properties within the subject projects Area of Potential Effects. (See attached Concurrence Form.) The subject project has been reviewed by the Environmental Officer and by the U.S. Fish and Wildlife Service (USFWS) representative for the presence of listed threatened and endangered species. The subject project has been determined to have no effect on any listed threatened or endangered plant or animal species. Permit Issues The purpose of this letter is to request authorization under Section 404 Nationwide Permit (NWT) 14, Linear Transportation Crossings for the secondary road improvements. Notification for the use of NWP 14 to the USACE is required due to the proposed 0.05 acres of wetland impacts associated with this project. Also, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. Additionally, the purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. Summary NCDOT proposes to upgrade and pave SR 1227 in Halifax County. Temporary impacts to the stream from dewatering activity will involve 1365 square feet (0.03acres) of streambed and approximately 70 linear feet of stream channel. Impacts associated with the pipe replacement at this project include approximately 1032 sqaure feet (0.02 acres) fill in surface waters and minimal temporary impacts to the existing channel. Approximately 0.054 acres of wetland impacts are anticipated as a result of the subject project. The project is located in the Tar River Basin. Impacts at the stream crossing are less than 40 linear feet in the buffer and are therefore exempt from the Tar/Pamlico Riparian Buffer Rule. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and Section 401 WQCs conditions. If you have any questions or need additional information, please contact Ms. Robin M. Little at (252) 237-6164. Sincerely, J es H. Ti of , II, P.E. Di i ion Engineer cc: Mr. David Franklin, USACE, Wil ngton Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Ms. Renee Gledhill-Earley, SHPO, Raleigh Mr. Bryant Bunn, P.E., Division Maintenance Engineer Mr. Andy Mills, District Engineer Mr. Franz Enders, Assistant District Engineer Mr. Don Goins, P.E., Chief Engineer, Operations Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. f ~? 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: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: F-1 II. Applicant Information 1. Owner/Applicant Information Name: Mr. James H. Trogdon III P.E. Division Enzineer Mailing Address: North Carolina Department of Transportation /Division 4 P.O. Box 3165 Wilson NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174 E-mail Address: ltrogdon a, 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: Ms. Robin M. Little Company Affiliation: Division Environmental Officer Mailin; Address: North Carolina Department of Transportation/Division 4 P.O. Box 3165 Wilson, NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174 E-mail Address: rmlittlendot.state.ne.us 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 detailedsite 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 1227 Spell Branch Road 2. T.I.P. Project Number (NCDOT Only): State Project No. 6.302062T 3. Property Identification Number (Tax PIN): NA 4. Location County: Halifax Nearest Town: Glenview Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 195 North to Exit 154, west on NC 481, approx. 2 miles to left (south) onto SR 1227. Site coordinates, if available (UTM or Lat/Long): UTM 18 248326E 4005550N - RINGWOOD quad (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 distinctwaterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Rural, residential/agricultural mix. 7. Property size (acres):, 8. Nearest body of water (stream/river/sound/ocean/lake):UT to Rocky Swami (DWQ ID # 28-79-28-(0.3) C NSW 9. River Basin: Tar River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available athttp://ii2o.enr.st ite.ne.tis/admin/maps`.) Page 4 of 12 10. Describe the purpose of the proposed work: Grading, drainage, base, paving and erosion control to bring existing gravel road in compliance with standard safety design specifications, replace culvert. 11. List the type of equipment to be used to construct the project: Heavy construction equipment ( back hoe track hoe excavator, dump truck) 12. Describe the land use in the vicinity of this project:_ Rural residential/agricultural mix. 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. 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: NA 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 witlun 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet Type of Wetland*** Stn 64+00-66+85 Fill/cxcavation 0.054 no 36 -238 Forested wetland/bcaver List each impact separately and idyntily temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditclung/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified Uuough the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available tlu-ough the FEMA Map Service Center at 1-800-358-9616, or online at bttp: //wwAv. fem a. g<w *`* List a xvctland 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: NA Total area of wetland impact proposed: 0.054 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of ,,2 Average Width PerenmW or Site Number Type of Impact* Im t Stream Name** of Stream Intennittent? (indicate on ma) (li ear fc t) Before Impact (please secif ) STN 66+25 2 @ 87x63 CMP 60 UT to Rocky Swamp 13.25 Perennial List each impact separately and identify tenlperafy impacts. Impacts include, but are not limited to: culverts and associatedip-rap, dams (separately list impacts due to both stricture 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 topograpluc maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into wluch it flows. USGS maps are available tlurough the USGS at 1-800-358-9616, or online at w1Nw.use5.2ov. Several internet sites also allow direct download and printing of USGS maps (e.g., «%iAv.topozonc.conj wwlv.In apqucst.com, etc.). 2 Cumulative impacts (linear distance in feet) to all streams on site: j 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 mnpacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulldteads, etc. 4. Pond Creation Page 6 of 12 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 or surface waters not affected b? the project will be protected from unnecessary encroachment. No staging of constriction equipment will be allowed in or near wetlands or waters of the U.S. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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 Page 7 of 12 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:://h2Q_enf, State _nc,us/ncwetlands/strmQide,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. 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.ric.us/wn)%index.htrr?. 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 ® 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 N 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: 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 1 930 3 0 2 0 1.5 0 Total 0 0 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. 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. Page 9 of 12 Existing gravel road surface area will not be widened within riparian buffer Temporary dewatering and all appropriate best management practices for sediment and erosion control will be implemented during, pipe replacement. 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. XHL Violations (DWQ Only) Is this site in violationof DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applic4fit (A gent's s s Signa 12 b Date 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 Amy Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Page 10 of 12 - 1 ? ? 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A a \ 1337 ` •\ !• 1218 1 ,\ 3 1 1216 481 '• 173 t` . •\ / :c!i -..? 141 y=?ti 1 7 ` .,,4, - .4 ••( 1 I ' Wh),. 004 - \ 1 u...,..e, •l ?•\. \ 1321 \. 1339 `•??\ ® •\ 12) \ ??'? •\ ?\4 ' M I r 134, ,? •, ? ???? ?r'? /.r 4 127n ? 1 ?. •\ 1338 , I `A ? ? ? / ,S / .. - I 1338 ? LV 1'2'7 1-4/ / Iw ?. 17 G1w.d.. \ ? e j •I /• '. 131) i 1338 I4 ` ??'. 1 0 27 a7'.?• ?.. /• 1742 y d `d -.6\`.. ? 1340 m ? . i' ?'? / • ?- 301 1227 ?. a 1 1 N2 I \ 134 H I C U "SITE VICINITY MAP" SCALE 1?° Z fu 1 L ES F1a??FAx e ?ca? nt?P ,use c- y!5/cr - o USGS gUAD MAP " _, yelY SCALE 1= 20©O' ^ N ?? Tr raj USDA/NRCS SOIL SURVEY COUNTY A c.1 rA SHEET # C 13 ' '' 1 1 I / t . O.J. SMITI W; DB E '- ? ? j 8X2X2 i 65 ?III? III?III?III?III?I 1 1 i l FARMS INC. t (? I PG 4 t? f? WILLIAM F. D DB 565 EXISTING 46' MET L PIPE 2 PRO OSED 60'x87'x63'CMPA W/HEADWALL 7) 1 PROP RW !f-fff-ilf- II IIIII I III IIIIII IIL;JIIIL;lIIIII IIIIIIIII II II I I SR 1227 i o. ?. .?1.-.- __ "" III ?III?III ? III?III ? II II III III III ?III?III ?III?III?III ? III?III III ? ? _ -I J II PROP RtW . ? , ex2x2 ? ? i 06 ? t ! 7 J w RIPARIAN BUFFER ZONE i 4ILLIAM F. DICKENS HEIRS z t i DB 565 PG 43 t sc-A LE 1 11 -- S-0 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: &Z 1207 Date: G ?!S ?D 1 Applicant/Owner: _ALe DU i - D?? County: HALIFAX Investigator: 266 ? N M LITTLE State: -NC- Do Normal Circumstances exist on the site? a No Community ID: Is the site significantly disturbed (Atypical Situation)? a Transect ID: Is the area a potential Problem Area? es Plot ID: If needed, a lain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. . 2.1 X VO rd- a 2. Ac&v- ru rkw% 3. U a. ?L?a [-r I (Ln4e 5.L'7'--Si EA C, J t- 12. -- 13. 6 H _i5 15-L 14. 7. h a S?• 8. ?i1L_ 15. _ 16. Percent of Dominant Species that are OBL, FACW or FAC !? (excluding FAC- . 160 / 0 Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): - Stream, Lake, or Tide Gauge _ Aerial Photographs Other M_Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: inundated Saturated in Upper 12 Inches _ Water Lrbrks Drift Lines _ _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Socc dary Indicators (2 or more required): Depth of Surface Water. (in.) r Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: (in.) Local Sol Survey Data Depth to Saturated Soil: < (in.) _/FAC-Neutral Test - Other (Explain in Remarks) Remarks: 11 B2 Appendix B Blank and Example Data Forms SOILS Map /hit Name 5 O f (Series and Phase ??l N ???.? L Q sL &d Drainage Class: Poo r Ais 1 Field Observations Taxonomy T A ?\MY /? (Subgroup): A. u L7r Confirm Mapped Type? es No Profile Descrioticm Depth Matrix Color (inches) Horizon (Mu ns on Moi st)) ( Mottle Colors Mottle Abundance/ Texture, Concretions, Munsell Moist) Size/Contrast Structure, otc. un ? ?j 0-(o A T ` loas" 4; ; rte Alp -jO Jo,_ 7 50;? Safi MC-1 ?K Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon _ Hgh Organic Content in Surface Layer in Sandy Soils Sulfidic Odor - prganic Streaking in Sandy Soils _ Aquic Moisture Regime ? isted on Local Hydric Soils List _ Reducing Conddions leyed or LoH.Chroma Colors isted on National Hydric Soils List _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophylic Vegetation Prosenl? Ye No (Circle) (Circle) Wetland Hydrology Present? a No Hydric Soils Present? R No Is this Sampling Point Within a Wetland? Ye No Remarks: Approved by HQUSACE 3/92 Appendix B Blank and Example Data Forms B3 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: S IZ I ?X1-7 Date: r0 J$ C9 Applicant/Owner: NC.DbT - DI V County: 14A 4-4 ?/ac)C _ Investigator: _Rot31N eA. LITTLE State: Do Normal Circumstances exist on the site? No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes Plot ID: If needed, explain on reverse. VEGETATION Dominant Plan S tie- s Stratum Indicator Dominant Plant Species Stratum Indicat ? - 1. IY?LLS f'? _? Piker or s._ 2._ A . A 10. 3. ?"! tr 0 FA L 11. 4. t? ?'A&M + ' 5.?? _ 1 ?Wl Yf /d0 . - FA-C, _ _ 12. 13. 6. SVKI 1 r © ??- t` 1 14. c 7 _L _TI ` /?7 M?+h J_ N, 01 a. AIL, LL- FAC, 15. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC- . Remarks: L HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lako, or ride Gauge - Aerial Photographs ?- Other No Recorded Data Available let_ Wetland Hydrology Indicators: Primary Indicators: _ inundated _ Saturated in Upper 12 Inches -Water Marks Drift Lines _ _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more requi ed): Depth of Surface Water. (in.) _ Oxidu:ed Rod Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: (in.) Local Sol Survey Data FAC-Neutral Test Depth to Saturated Soil: f ('n.) _ Other (E)plain in Remarks) Remarks: B2 Appendix B Blank and Example Data Forms SOILS Map Wit Name G rn p OY i a/ InI C-d o W ec; J*fAJ I I J (Series and Phase Phase,):- c DrainageClass: ' ? Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Descriotion: Depth Matrix Color (inches) Horimn (Mansell Moist) Mottle Colors Mottle Abundance/ Texture, Concretions, (Munsell Moist) SimfContrast Structure, etc. n-q _A Loa m -A-{ I oYf S/u 3?G? Vy? Hydric Soil Indicators: _ Hstosol _ Concretions Hstic Epipedon _ Hgh Organic Content in Surface Layer in Sandy Soils - Sulfdic Odor _ Organic Streaking in Sandy Soils - Aquic Mosture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List - Gleyed or Lo*Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophylio Vegetation Present? Y. (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes is this Sampling Point Within a Wcdand? Yes Remarks: Approved by HQUSACE 3152 Appendix B Blank and Example Data Forms B3 NCDOT/P&E ERRNCH Fax:919-733-9794 May 23 '01 16:22 i'.U2 Counry: Halifax NCDOT Division # 4 District 4 1 CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL. REGISTER OF HISTORIC PLACES, FOR STATE FUNDED'SECQNDARY ROAD PROJECTS ONLY Project Description: Pave and Widen Halifax SR 1227 from NC 481 South .81 miles to SR 1226. On May 17, 2001, representatives of the Ll North Carolina Department of Transportation (NCDOT) ? North Carolina State Historic Preservation Office (HPO) Other Reviewed the subject project at as coping meeting photograph review session/consuhation . other -.--- All parties present agreed There are no properties over fifty years old within' theproject's Federal Permit Site's (or Sites') area (or areas) of potential effects (APE).:... There are no properties less than fifty years old that. are considered to meet Criterion Consideration G within the project's Federal Permit.Sife's (or sites.') area (or areas)of potential effects. There amproperties over-fifty years'old (list attached). within the project's Federal Permit Site's (or Sites') area (or areas) of potential effects,.but based on the historical information available and the photographs of each property, properties identified as? are considered not eligible for the National Register and no further evaluation is necessary. There are no National Register or Study-Listed properties located within the secondary road project's area of potential effects. There are no historic properties affected by t " project. NOTE: NX--166 (SL)and KY-167 (Surveyed) are out of the AP ojproj L Signed: Representative, CD Date 43/0?,_ Representative, HPO .1 VJ State Historic Preservation Officer Date A/ If a survey report is prepared, a final copy of this form and the attached list will be included.