HomeMy WebLinkAbout20021504 Ver 1_Complete File_20020919North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
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DWQ Project No.: 0 Z1 SO 4 County: Q A 1"`t-
Applicant: _ N C p ?i-
Project Name: 5L 1341 Mojutk (Zal? Ica- fP13-3t 1, e-1eL Skk ,j?Jdq1AkAA,rt,
Date of Issuance of 401 Water Quality Certification: t4 j 4 0-
-r-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, 1 Cr_ ffh C ei , 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 pprov plans and
specifications, an pporting materials.
Signature: Date:
Agent's Cert' cation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Penmittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
F W A TF Michael F. Easley, Governor
O RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co r Alan W. Klimek, P.E. Director
Division of Water Quality
f3 `C
October 9, 2002
Wake County
DWQ Project No. 021504
APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. J.G. Nance, P.E., Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, as described in your application dated September 17, 2002, and in accordance with the
attached conditions and those listed below, to place fill material in 35 linear feet of streams for the purpose of
widening and improving SR 1341 (Products Road) from SR 1301 to the end of state maintenance in Wake County.
The project shall be constructed in accordance with your application dated September 17, 2002. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number 3375.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also
valid for the Neuse River buffer rules (15A NCAC 2B .233). In addition, you should acquire any other federal, state
or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers.
2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and retum,it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers. All access to the stream and protected riparian buffers will be from the existing road.
Any additional impacts to protected riparian buffers will result in additional design changes and stormwater
design changes for adherence to the Neuse River Riparian Buffer Rules.
PM
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
? W ATF Michael F. Easley, Governor
\O?4 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
i
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for
a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact John Hennessy at 919-733-5694 or Steve Mitchell at 919-571-4700.
Sincerely,
aA
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
c:\ncdot\SR 1431\wqc\021504wgc.doc
DWQ# 02./5v ? Pr4,x' If- Date 7 Z? Gy'
$$) Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? PI a indicate all stormwater ouffalls on the site plan.
Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
$$) Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why
it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please
revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please
revise the plans to minimize the impacts.
D The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse
flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
$$) Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. Please provide $
This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
$$) Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE
TO:' REF. NO. OR ROOM, BLDG.
FR M: - REF. NO. OR ROOM, BLDG.
AC ION
? NOTE AND FILE. "? PER OUR CONVERSATION -
? NOTE AND RETURN'To -ME ? PER YOUR. REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER - ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
?"TAKE APPROPRIATE ACTION.. ? INVESTIGATE AND REPORT
COMMENTS: "
02 1504
•,.n
SEP 19aft
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
September 17, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
021504
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Secondary road improvements to SR 1431 (Products Road) from SR 1301
to end of state maintenance in Wake County. NCDOT Work Order No.
6.401009R.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1431 (Products Road) to end of state maintenance in Wake County (Figures
1-6). Total project length is 0.2 miles. Transportation and highway laws of North
Carolina (G. S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the
NCDOT to develop annual work programs for construction and maintenance of
secondary roads. These general statutes specifically set forth requirements for annual
construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for each unpaved road within a given county.
This number is based on characteristics of each road, including number of homes,
schools, churches, businesses, industries, recreational facilities, traffic counts, presence of
school bus routes, and value as a thoroughfare. SR 1431 is scheduled to be paved in the
2001-2002 Secondary Roads Construction Program.
Impacts to Waters of the United States
The project crosses an unnamed intermittent tributary to Terrible Creek (Johnsons
Pond) (Best Usage Classification B NSW, NCDENR-DWQ Index No. 27-43-15-8-(1) in
the Neuse River Basin. The existing structure that conveys the creek is a 36 inch
concrete pipe that is 45 feet long. The replacement structure is a 48 inch corrugated steel
pipe that is 60 feet long (Figures 3-6). Permanent impacts at the site associated with the
replacement of the structure and minimal amounts of rip rap to protect the structure
include <0.01 acre fill in surface water and 35 linear feet existing channel impacted.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371
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Riparian Buffer Impacts
The construction of the project involves a road crossing of stream that is subject
to the Neuse River Riparian Buffer Rule. The unnamed intermittent tributary to Terrible
Creek (Johnson Pond) is depicted on the most recent version of the Fuquay-Varina, NC
(USGS, 1993) topographic quadrangle (Figure 1) and the Soil Survey of Wake County,
North Carolina (USDA-SCS, 1970) (Figure 2). The construction of the project at Site 1
results in impacts to the riparian buffer (Figure 3). Construction impacts total 998 square
feet in Zone 1, 591 square feet in Zone 2 and 35 linear feet of riparian buffer. Based on
the impacts to the riparian buffer at this site, this crossing is exempt.
The NCDOT proposes to install temporary erosion and sediment control devices
in Zone 1 and Zone 2 of the riparian buffer (Figure 3). Specifically, the NCDOT will
place a temporary rock silt check (Type A) in Zone 1 and a temporary rock sediment dam
(Type B) in Zone 2. The temporary structures will be removed once vegetation has been
established and then seeded with a seed mixture of fescue and bahia grass. Based on
impacts to the riparian buffer at this site from this use, this activity is allowable. The
NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules
(which find that there are no practical alternatives to the project) are met. The NCDOT
requests an Authorization Certificate for this activity at this project.
Waters of the U.S. Mitigation .
Avoidance: All wetlands and surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in wetlands or near surface waters.
Minimization:
• The side slopes have been steepened to the extent possible at jurisdictional sites.
• Sedimentation and erosion control Best Management Practices for the protection of
wetlands and surface waters will be enforced during project construction.
• Continued coordination will occur with maintenance forces and the Environmental
Officer during construction to minimize impacts to these sites. The amount of rip rap
placed along the stream bank has been reduced to the amount that is only necessary to
provide for streambank stabilization. All efforts will be made during construction to
reduce the amount of rip rap at the site.
Compensatory Mitigation: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and wetland impacts will not be provided for this
project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed endangered ad Proposed Threatened are protected under provisions of Section 7
and Section 9 of the ESA. As of February 27, 2001, there are four federally protected
species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus),
Michaux's Sumac (Rhus michauxii), dwarf wedgemussel (Alasmidonta heterodon) and
red-cockaded woodpecker (Picoides boralis). Biological Conclusions of No Effect have
been rendered for each species.
Historical Compliance
Historic compliance work to be scheduled and concurrence with Historic
Preservation Office will be obtained if required.
Summary
NCDOT proposes to upgrade and pave SR 1431 in Wake County. Impacts to
streams and riparian buffer are presented in Table 1.
Table 1
of i
Existing Channel Zone 1 Buffer Zone 2 Buffer Linear
p aed (Tpmperary- Impact Impact Buffer
Site
35 linear ft l"`-35 linear ft J 998 sq ft 591 sq ft 35 liner ft
Total - 35 line) ft 35 linear ft 998 so ft 591 so ft 35 linear ft
A is is hereby ade fora epartment of the Army Section 404
Nationwide Permit (NWT) 14, -DESection 401 Water Quality Certification
(WQC) No. 3375 and riparian buffer authorization for construction of this project. The
NCDOT will comply with all applicable NWP, WQC and Riparian Buffer Rule
conditions. A pre-construction notification is attached with this request. If you have any
questions or need additional information, please contact me at (919) 560-6081.
Sincerely,
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr.Brandon Jones, NCDOT District Engineer, Raleigh
Q \N
r?-
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www,saw.usace.army.mil/wettands/Perm-app.litm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North. Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 11
CAM .A Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at httpi//w-ww.saw.usace.armv.mil/,,vetlands/nwpfinalFedRec-,.r)df
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetiands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U. S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U. S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 11
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules (Project impacts are characterized as "exempt")
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: NCDOT/Christopher A. Murray
Mailing Address: 2612 N. Duke Street Durham NC 27704
Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371
E-mail Address: cmurrayndot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 11
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1431 (Products Road) from SR 1301 to end of state maintenance in
Wake County.
2. T.I.P. Project Number (NCDOT Only): NCDOT Division Project (non-TIP): Work Order
No. 6.401009R
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Fuquay-Varina, travel east
on NC 401, turn left and travel north on SR 1301 to project limits.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 701832E 3941454N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Site is
surrounded by a mixture of wooded land and a manufacturing facility.
7. Property size (acres): Project footprint is 0.2 mile (1,056 feet) long and has a right of waX
of 60 feet. Property size is 1.5 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Terrible
Creek (Johnsons Pond)
9. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/./h2o.enr.state.nc.usladmin/maps/.)
Page 4 of 11
10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at
SR 1431 (Products Road). At Site 1, the existing 45 foot long pine will be replaced with a 60
foot pipe.
11. List the type of equipment to be used to construct the project: Excavator, Backhoe,
Bulldozer and Grader.
12. Describe the land use in the vicinity of this project: Mixture of wooded land and a
manufacturing; facility.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous project jurisdictional determination or permit history associated with site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 11
1. Wetland Impacts
Wetland Impact
Site Number
indicate on imp)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
T
++„Yca,., a-F-, Iy c Iu IUVULLly icuipuiaty 1111pacts. impacts mciuue, out are not lumtea 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.<=ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.00 acre in rro'
ect
limits.
Total area of wetland impact proposed: 0.00 acre in project limits
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma (linear feet) Before Impact lease
Site 1 Rip rap along
streambank 20 UT Terrible Ck.
(Johnson Pond) 3 feet Intermittent
Site 1 Pi Replacement 15 UT Terrible Ck.
3 feet
Intermittent
(Johnson Pond)
T:
i.,isi Cacu unpact separately ana laennIy temporary unpacts. 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.go?. Several intemet sites also allow direct download and printing of USGS maps (e.g., w,,vw.!Mzone.com,
vs-w,,v.mapclucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 35 feet existing channel
impacted.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
1z I
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 11
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands and surface waters not affected by project construction will be protected from
unnecessary encroachment. No staging of equipment will be allowed in or adjacent to waters of
the U.S. The side slopes at the jurisdictional site has been steepened to the maximum extent
possible. Best Management Practices for erosion and sediment control will be enforced during
construction. Only the smallest amount of fill necessary to complete the project will be placed in
waters of the United States.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
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 11
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
};tag>;;':iI_? ' z_e.nr_state.nc.us/ncwefl 1r1ds/string6de_htnil.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Not Applicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into, the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htip://h2o.enr.state. ne.u&/N8-rp/index.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
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 ?
Page 8 of 11
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
SITE 1 Required
Zane* Impact
(square feet Multiplier
Mitigation
1 998 3
2 591 1.5
Total 1,589
* 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.
Existing: 0.7 acre impervious surface of 1.5 acre total vroiect size (27 foot wide _hard-hacked
gravel road Proposed: 0.5 acre impervious surface of 1.5 acre total project size (20 foot wide
asphalt paved road). The erosion control plan for the project is designed for 900 cubic feet of
storage per acre Erosion and sediment control devices along the ro?ect are comprised of
temporary rock pipe inlet sediment trap (Type A) temporary silt basin (Type B) temporary
silt check (Type B temporary rock sediment dam (Type B) temporary rock silt check Type A).
Temporary rock silt check (Type A) will be placed in Zone 1 of the riparian buffer and
temporary rock sediment dam (Type B will be placed in Zone 2 of the riparian buffer. All
tMorarily disturbed areas will be rev getated after construction.
Page 9 of 11
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will not generate wastewater.
XHL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
?.17•oz
Union
Watauga
Yancey
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 2714854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Sur ry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Wilson
Yadkin
Page 10 of 11
i
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 11 of 11
,sue tea,, r , -, ? ?a STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
September 17, 2002
LYNDO TIPPETT
SECRETARY
N.C. Dept. of Environment and Natural Resources-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260 PAYMENT 021504
Attention: Mr. John Dorney
RECEIVED Coordinator
Subject: Secondary road improvements to SR 1431 (Products Road) from SR 1301
to end of state maintenance in Wake County. NCDOT Work Order No.
6.401009R
Reference: NCDOT permit application (September 17, 2002)
The North Carolina Department of Transportation (NCDOT) plans to upgrade and
pave SR 1431 (Products Road) from SR 1301 to end of state maintenance in Wake
County. Construction of the project will necessitate impacts to waters of the United
States. Application was made for a Department of the Army Section 404 Nationwide
Permit (NWP) 14, North Carolina Department of Environment and Natural Resources-
Division of Water Quality (DWQ) Section 401 Water Quality Certification (WQC) No.
3375 and riparian buffer certification by permit application dated September 17, 2002.
An automated payment procedure has recently been implemented between the
NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401
WQC without submitting a check for this permit application. This new procedure will
provide payment to the NCDWQ by charging the permit application fee directly to the
appropriate NCDOT work order.
The NCDOT work order for this project is 6.401009R. Proiect impacts are less
than one acre of cumulative wetland/water impacts and less than 150 linear feet
cumulative impacts to streams, therefore, please note that a fee of $200.00 is required for
this project. If you have any questions or need additional information, please contact me
at (919) 560-6081.
Sincerely,
aChristopher A. Murray, P.W.S.
Environmental Officer
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371
i
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