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HomeMy WebLinkAbout20021848 Ver 1_Complete File_20021122F W A TF Michael F. Easley, Governor `O?fl 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director haa DWQ Project No.: 0 Z1 Z L( t3 Applicant: N C por County: FrGAKI%-, Project Name: kpkace,-c,%4 -F Al,- !u aue, r-,.1-4 CL (3A $ (L !/ e5- Date of Issuance of 401 Water Quality Certification: 1-5, • 0-3 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, Q a11 Al Gn ee , 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-4t Quality Certification and Buffer Jules, the approved plans and specifications, and other pporti 'al Signature: `-' Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final 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. N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 W A T, Michael F. Easley, Governor O 9 William G. Ross Jr., Secretary `OCR QG North Carolina Department of Environment and Natural Resources t? Alan W. Klimek, P.E. Director j_ Division of Water Quality January 5, 2003 Franklin County DWQ Project No. 021848 APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Tar-PamlicoRiver 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 November 21, 2002, and in accordance with the attached conditions and those listed below, to place fill material in 60 linear feet of streams, 0.01 acres of surface waters, and 4061 square feet of protected Tar River Riparian Buffers. The project purpose is the replacement of Bridge Number 14 over Brandy Creek in Franklin County. The project shall be constructed in accordance with your application dated November 21, 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 Tar-Pamlico River Buffer Rules (15A NCAC 213 .0259). 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 return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 4% N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director 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, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c:\ncdot\SR 1125\wqc\021848wgc.doc N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 + = N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE 40 Z,, TO; - REF. NO. OR ROOM, BLDG. rn2 - FROM: I REF. NO. OR ROOM, BLDG. - . fvtv rr c? ACTION . ?% 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: t PAYMENT RECEIVED p?1848 ._ STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR 021848 LYNDO TIPPETT SECRETARY November 21, 2002 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator MN2220 Subject: Replacement of Bridge No. 14 on SR 1125 over Brandy Creek in Franklin County. NCDOT Work Order No. 5.3652013' The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 14 over Brandy Creek on SR 1125 in Franklin County (Figures 1 and 2). The existing bridge was constructed in 1957 and has a sufficiency rating of 48.6 out of 100. The existing structure is a two span bridge (2@ 18'-0") that is comprised of timber decking on steel beams with timber joists on timber caps and timber piles. It has been determined that this structure must be replaced. The proposed replacement structure is a two-span cored slab bridge (1@ 50'-0", l @ 30'-0") (Figure 3). Impacts to the Waters of the United States Construction of the project involving replacement of the existing bridge will necessitate impact to waters of the United States in the Tar-Pamlico River basin. Here the project crosses Brandy Creek (NCDENR-DWQ Index No. 28-29-3-(1), Best Usage Classification B NSW). Bridge Demolition and Removal Bridge No. 14 will be removed under Case 3, where there are no special restrictions beyond those outlined in Best Management Practices for Protection of Surface Waters and Best Management Practices for Bridge Demolition and Removal. This activity will involve removal of the bridge, deck, wing wall abutment/pilings and timber pilings. A silt fence and/or turbidity curtain will be placed around the wing wall abutments and interior piling structures (where necessary) to reduce sedimentation during construction activity. The bridge shall be removed by sawing and/or non-shattering methods such that debris will not fall into waters of the United States. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 ,lr ?w ?iy The water level is currently at bank full stage due to beaver activity in the immediate vicinity of the project. This has affected the water level along the end bents (see attached photograph that depicts the northern most end bent). Accordingly, it may be necessary to dewater a small portion of the stream directly adjacent to the end bents to facilitate their removal. If this is necessary, the NCDOT will place sheet piling adjacent to the end bents and water in this area will be pumped out and conveyed downstream of the structure. This activity will not take longer than one week along each end bent. Temporary impacts to the stream from this activity will result in the dewatering of 0.01 acre of stream bed and 60 linear feet of stream channel. The sheet piling will be removed after removal of the end bents and stabilization of the side slope. Bridge Replacement The proposed structure is a two-span cored slab bridge over Brandy Creek. Class II rip rap will be placed along the wing walls of the new bridge and along the banks of Brandy Creek. This rip rap will catch and filter runoff from the project and stabilize the creek bank. Approximately 60 feet of rip rap will be placed along the north stream bank and along the south stream bank. Riparian Buffer Impacts . The construction of the project involves a road crossing of a stream that is subject to the Tar-Pamlico River Riparian Buffer Rule. Brandy Creek is depicted on the most recent version of the Franklinton, North Carolina topographic quadrangle (USGS 1978) (Figure 1), and the United States Department of Agriculture-Soil Conservation Service Franklin County Soil Survey (Unpublished) (Figure 2). The construction impacts 2,444 square feet in zone 1, 1,617 square feet in zone 2, and 60 linear feet of riparian buffer. Based on impacts to the riparian buffer, this project is allowable. The NCDOT is proposing to place silt fence in Zone 1 of the riparian buffer as part of the sediment and erosion control plan. The NCDOT is requesting that the North Carolina Division of Water Quality (DWQ) complete a "no practicable alternatives" determination. 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 project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: The existing structure has a sufficiency rating of 48.6 out 100 points. Improvements must be conducted at the site to allow the roadway to remain open for traffic. The decision to replace the bridge with another bridge with a larger span will open up the floodplain of Brandy Creek. The design of the project has reduced the footprint of the project as much as possible to allow for only the amount of fill necessary to complete the project. Waters of the U.S. Mitigation Avoidance: 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. The bridge shall be removed by sawing and/or non-shattering methods such that debris will not fall into waters of the United States. Minimization: Strict enforcement or sedimentation and erosion control by 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 waters or the United States. The Division Environmental Officer will consult with the contractor during construction to continue the minimization of Class II rip rap in waters of the United States at the project. Compensatory Mitigation: Construction of the project will result in only minimal impacts to waters of the United States. Impacts have been minimized to the fullest extent possible during the design process. Due to minimal impacts, compensatory mitigation for impacts to waters of the U.S. will not be provided for this project. Historical Compliance Historic compliance work to be scheduled and concurrence with Historic Preservation Office will be obtained if required. Protected Species dwarf wedgemussel --Biological Conclusion: No Effect Tar spinymussel-- Biological Conclusion: No Effect NCDOT Division 5 Environmental Officer Chris Murray and NCDOT Biologists Jeff Burleson, Neil Medlin, and Tom Dickenson visited the site on September 23, 2002. Mussel habitat in the vicinity of the bridge is poor. A 50-75 acre impoundment is located downstream of the bridge. Beaver activity has significantly influenced the reach immediately upstream. An in-stream survey was done, utilizing tactile methods and SCUBA throughout the stream. The water at the site was turbid and substrate consisted of sand, gravel, unconsolidated silt and suspended organic material. No mussels were observed at the site during the 0.66 man-hour survey at the site. A review of the NHP rare and unique habitat database did not reveal the presence of these species within 1.0 mile of the project study area. Impacts to these federally protected species will not occur from project construction. Michaux's sumac--Biological Conclusion: No Effect Suitable habitat for Michaux's sumac is present along the irregularly maintained roadside shoulder. A plant-by-plant survey was conducted during the site visit on 4 September 23, 2002 by NCDOT Division Environmental Officer Chris Murray. No populations of Michaux's sumac were observed during the site visit. A review of the NHP rare and unique habitat database did not reveal the presence of this species within 1.0 mile of the project study area. Impacts to Michaux's sumac will not occur from project construction. Summary NCDOT proposes to replace Bridge No. 14 on SR 1125 over Brandy Creek in Franklin County. The proposed replacement structure is a two-span cored slab bridge. Approximately 60 feet of rip rap will be placed along the north stream bank and along the south stream bank. Temporary impacts to the stream from the placement of sheet piling for dewatering will impact 0.01 acre of stream bed and 60 linear feet of stream channel. The NCDOT asks that the construction of this project be authorized under a Department of the Army Section 404 Nationwide Permit (NWP) No. 14, NWP 33 and North Carolina Department of Environment and Natural Resources-Division of Water Quality Section 401 Water Quality Certification (WQC) No. 3375, WQC No. 3366 and riparian buffer authorization. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. John Dorney, NCDWQ, Raleigh Mr. Dallie Bagwell, NCDOT Bridge Superintendent, Raleigh -< ?--30c?r??i{\f k'i'? IL ' ?/i , i?^? 1, t 1 ('?? '`! r ( /? /G: f--k ? / ? 1 : _ _ __l? ? r , t \ . A_, •^? ? 7 li } .l ;{'F v Y f / ,? v? ?i: r Sr.l! r, ,\, t j `r i t , r `r r ;., r/. fil, 1' / , ?.?.> :,` ? •t \:. , ?> r•'?/ ,! \J 1 -? J' '?. ?-. ?'? 1 111/// ' l _ 1r 1 33 ?.+-? /? /• ? -?. ? , .? 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(yZ i s w o N o sr , CL Y ' . 3? ect Site '.2 B r? is v y w Q c13? , * `' ; 326 F w F b ' ?, ? ? 32 : 3 u r B cJ 1 5t 3z? ?? a z; a 32B `y 32 '?' `+ ?. + 5? B G W O Z X W 32 ...JF I' +• ?f ' Z U. m Q .? .... ° 5< c •3R;'4 Yt t tr° :.?; .?•. sZ' _ W !r yh + t' 11l6 35 fw Q? z 0- L4rD Z_ i '? i_ ? 328 t? 3z Qor?= O 'CAI tw?,S. M r ol r t ; 1 s V < f vi'^ Q k w Q N I 033RM CI-s 11 Rip Rep 70 110- too- ?. - _ - _ - - -- EXP EXP - - - _ P - 90 ? 2'•0" CLASS 11 BO RIP RAP (SYP) 70 60 50 8.00 10.00 •50 11.00 .25 PHDFII.E ALONG C SURVEY 2c 1--w Project Site Replacement of Bridge No. 14 on SR 1125 in Franklin County Figure 3 I"=70' (horiz.)/l"=70' (vert.) Photograph 1. Water level at northern most end bent. LAO Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www. saw.usace. army. mil/wetlands/Perm-app. htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://wuw.saw. usace. army.mil/wetlands/reg tour.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 htt_p://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 11 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 11 Offlce 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 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: NWP14 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information Owner/Applicant Information Name: NCDOT/Christopher A. Murray Mailing Address: 2612 N. Duke Street. Durham NC 27704 Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371 E-mail Address: cmurray&dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should Page 3 of 11 include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge No. 14 over Brandy Creek on SR 1125 in Franklin County 2. T.I.P. Project Number (NCDOT Only): Work Order No. 5.3652013 3. Property Identification Number (Tax PIN): 4. Location County: Franklin Nearest Town: Franklinton Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Franklinton, travel south on US IA. turn left and travel southeast on SR 1116, turn right and travel south on SR 1125 to project limits. 5. Site coordinates, if available (UTM or Lat/Long): 36.0561°N. 78.4560°W (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 wooded land and pasture land. 7. Property size (acres): Project footprint is 300 feet long and has a right of way of 60 feet. Property size is approximately 0.4 acre. 8. Nearest body of water (stream/river/sound/ocean/lake): Brandy Creek 9. River Basin: Tar-Pamlico River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: Replacement of Bridge No. 14 over Brandy Creek on SR 1125 in Franklin County. The replacement structure is a 1 @ 50' and 1 @ 30' cored slab bridge. 11. List the type of equipment to be used to construct the project: Excavator, crane. backhoe and bulldozer. Page 4 of 11 12. Describe the land use in the vicinity of this project: Site is surrounded by wooded land and pasture land. 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. 1. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet) Type of Wetland*** List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littpI/xvwxy. fema. gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Page 5 of 11 List the total acreage (estimated) of existing wetlands on the property: 0.0 acre in the project study area. Total area of wetland impact proposed: 0.0 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Average Width of Perennial or Site Number Type of Impact* Length of Impact * Stream Name* Stream Before Intermittent? (indicate on (linear feet) Impact (please ma) specify) Site 1 Rip rap plate along streambank 60 ft north and Brandy Creek 35 feet Perennial south bank Site 1 Temporary Dewatering 60 feet Brandy Creek 35 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/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 st1xA\.us2s.roe. Several intemet sites also allow direct download and printing of USGS maps (e.g., «-NNl%.topozone.com, \'mtiv.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60 feet of permanent rip rap placed along north stream bank and south stream bank for stabilization. Temporary impacts to 60 linear feet of stream for dewaterin activity. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc. Site 1 Temporary Dewatering 0.01 Brandy Creek Perennial Stream * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation 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: Page 6 of 11 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. The existing, bridge is structurally deficient and must be replaced. All wetlands and surface waters not affected by construction 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. Sedimentation and erosion control Best Management Practices and Best Management Practices for Bridge Demolition and Removal will be enforced during project construction. The bridge shall be removed such that debris will not fall into waters of the United States during demolition. Continued coordination will occur with the contractor and the Environmental Officer during construction to minimize impacts to waters of the United States. The design of the project has reduced the footpLrint of the project as much as possible to allow, for only the amount of fill necessary to safely complete the project. 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 lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for, Stream - Work in North Carolina, available at http://h2o. enr. state.nc.us/ncwetlands/strmgide. html. Page 7 of 1 I 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 iitip:iWo.eiir.state.nc.us/M/index.litiii. 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 ? 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, Page 8 of 11 w and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,444 3 2 1,617 1.5 Total 4,061 Lone 1 extends out SU teet perpencucular from near banK of channel; Gone l extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Not Applicable XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existina: 0.1 acre impervious surface of 0.4 acre total nroiect size. Proposed: 0.1 acre impervious surface of 0.4 acre total project size. Best Management Practices and other erosion control measures will be placed in a manner to preclude sediment from leaving the site. All temporarily disturbed areas will be reve eg tated immediately after construction. Temporary silt fence will be placed in Zone 1 of the riparian buffer as part of the sediment and erosion control plan. XH. 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. Page 9 of 11 1 VIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 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 CMG--?-? ,vZ 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 Cabar us Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Pitt Tyrrell Washington Wayne Wilson Yadkin *Croatan National Forest Only Page 10 of 11 r1 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) 8564520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 Telephone: (919) 733-4763 Fax: (919) 715-2671 CAMA and NC Coastal Counties 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 pysAH7pv ??YUww? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR November 21, 2002 LYNDO TIPPETT SECRETARY N.C. Dept. of Environment and Natural Resources-Division of Water '.......,,..? 2321 Crabtree Blvd. D Raleigh, NC 27604-2260 W22MV 1 Attention: Mr. John Dorney 021848 Coordinator Subject: Proposed replacement of Bridge No. 14 on SR 1125 over Brandy Cre-ek-in Franklin County. NCDOT Work Order No. 5.3652013. Reference: NCDOT permit application (November 21, 2002) The North Carolina Department of Transportation (NCDOT) plans to replace Bridge No. 14 on SR 1125 over Brandy Creek in Franklin 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 and NWP 33 and North Carolina Department of Environment and Natural Resources-Division of Water Quality (DWQ) Section 401 Water Quality Certification (WQC) No. 3375 and WQC 3366 and riparian buffer certification by permit application dated November 21, 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 vroiect is 5.3652013. Proiect impacts are less than one acre of cumulative wetland/water impacts and less than 150 linear feet cumulative impacts to streams, therefore, vlease 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, Christopher A. Murray, P.W.S. PAYMENT Environmental Officer RECEIVED Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 4 ,,y k t??. ?_ ? '??. ?°° .., ..w, .