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HomeMy WebLinkAbout20050852 Ver 1_Complete File_20051229OaCF VA TFRQG Michael F. Easley, Govemor William O. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources g m)7 Alan W. Klimek, P.E, Director 11 Division of Water Quality A County: D t,AAVt., tM Applicant: /VGDOr 'pt V ? -Toll G. /Dance Project Name: yQ lL.+,<7 (Hit l?t?tl DWQ Project No.• 0095y. Date of Issuance of 401 Water Quality Certi. icadon: '0 5 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 the401./Wedands 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' Cerdfll t' ca ion 1.° J r- • 0 .A , 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 aterials. Signature: Date: Z s -hi / ,Agent's Certification x, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the constructions such that the construction was observed to be built within substantial. compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Date: Partial Final 1, , 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 Permittcc 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, DEC 2 9 .7005 DENR - WATER OUALI I 'Y WETLANDS AND STORMWATER BRANCH Then!poMflon Petmlming Unh 1660 Mae SArvlm Center, Raleigh, North Carolina 27699-1650 2321 Crobbet± Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone 919.733.1796 / FAX 919-733.6693 / Intemet: hhtttol/h2o enr,stale.ne.us/nOwetlandr. O?O? WA T ?RPG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 19, 2005 Durham County DWQ Project No. 050852 APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Mr. Jon G. Nance, P.E. Division Engineer NCDOT, Division 5 2612 N. Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of two pipe replacements on SR 1647 (Mount Level Road) in Durham County. Impact Stream Impacts - Concurrent Stream Impacts - Riparian Buffer Impacts (Square Feet) Locations Permanent Fill Temporary Dewatering- (Linear Feet) (Linear Feet) Site 1 5.5 15 2,905 (1,744 Zone 1 + 1,161 Zone 2) Site 2 9 18 3,209 (1,922 Zone 1 + 1,287 Zone 2) The project shall be constructed in accordance with your application dated received May 16, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion.of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 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. Nt` Carolina Transportation Permitting Unit " ' ""tuCallf/ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786 / FAX 919.733-6893 / Internet: hftp://h2o.enr.state.nc.us/ncwetlands 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 13.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 16.) All work shall be performed during low or normal flow conditions. 17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19.) For 15 linear feet of stream at Site 1 and 18 linear feet of stream at Site 2 being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with native vegetation. 20.) We understand that you have chosen to perform compensatory mitigation for impacts to streams through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP), and that the EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to streams shall be provided through an in-lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP) at a rate of $200 per linear foot. Therefore, a total payment of $2,600 shall be submitted to the NCEEP to offset the stream impacts associated with this project. 21.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a,hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 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 Christina Breen at 919-733-9604. ely, an W. Klimek, P.E. JEH/cmb Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\20050therProj ects\D WQ050852\051905wgc.doc ( elo? n „a STATE o STATE OF NORTH CAROLINA 0 ti DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPE"IT GOVERNOR SECRETARY May 12, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 050852 Attention: Mr. Eric Alsmeyer NCDOT Coordinator 050852 Subject: Secondary road improvements to SR 1647 (Mount Level Road) from SR 1656 (Hebron Road) to end of maintenance in Durham County. WBS element 5C.032053. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1647 (Mount Level Road) from SR 1656 (Hebron Road) to end of maintenance in Durham County. (Figures 1-4). Total project length is 0.21 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 1647 is scheduled to be paved as part of the Secondary Roads Construction Program. Impacts to Waters of the United States Site 1 - Waters of US Construction at this site will impact an unnamed intermittent tributary to Cub Creek [NCDENR-DWQ Index No. 27-2-20, Best Usage Classification WS-IV NSW; HUC 030202011 (Figure 3) in the Neuse River Basin. The existing structure conveying the creek is a 15-inch reinforced concrete pipe that is 31 feet long (see Photographs 1 and 2). This pipe will be replaced with an 18-inch reinforced concrete pipe that is 36 feet long. Please note that no stream exists at the inlet end of the existing pipe, there is only an ephemeral channel here. Therefore surface water fill impacts are reported from the outlet Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 end only. Permanent impacts at the site associated with the longer pipe include a total of 2.5 linear feet of fill in surface water in addition to 5 ft of rip rap along the stream banks. The work zone will be temporarily dewatered for approximately 3 days. This will involve the temporary placement of sandbags upstream and downstream of construction. Once the stream has been dewatered, the replacement pipe will be installed. To maintain water flow during construction, water upstream of construction will be temporarily pumped out and conveyed around downstream of the construction, if necessary. Temporary concurrent impacts to the stream from this activity will result in dewatering 15 linear feet of stream. The sandbags used for dewatering will be removed after construction. Site 2 - Waters of US Construction at this site will impact an unnamed intermittent tributary to Cub Creek [NCDENR-DWQ Index No. 27-2-20, Best Usage Classification WS-IV NSW; HUC 03020201] (Figure 4) in the Neuse River Basin. The existing structure conveying the creek is a 24-inch reinforced concrete pipe that is 28 feet long (see Photographs 3 and 4). This pipe will be replaced with a 24-inch reinforced concrete pipe that is 36 feet long. Please„note that no stream exists at the inlet end of the existing pipe, there is only an ephemeral channel here. Therefore surface water fill impacts are reported from the outlet end only. Permanent impacts at the site associated with the longer pipe include a total of 4 linear feet of till in surface water in addition to 5 ft of rip rap along the stream banks. The work zone will be temporarily dewatered for approximately 3 days. This will involve the temporary placement of sandbags upstream and downstream of construction. Once the stream has been dewatered, the replacement pipe will be installed. To maintain water flow during construction, water upstream of construction will be temporarily pumped out and conveyed around downstream of the construction, if necessary. Temporary concurrent impacts to the stream from this activity will result in dewatering 18 linear feet of stream. The sandbags used for dewatering will be removed after construction. Riparian Buffer Impacts Site 1 - Buffers The construction at this site involves a road crossing of a stream that is subject to the Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Cub Creek at Site 1 is depicted on the most recent version of the Northwest Durham (1973/1987) topographic quadrangle (Figure 1) as well as on the Soil Survey of Durham County (USDA-SCS, 1971) (Figure 2). Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, and temporary silt fence. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures are within the 60 ft right-of-way width and their associated impacts are included within the site total of 1,744 ft' in Zone 1 and 1,161 ft'- in Zone 2 (totaling 15 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. 3 Site 2 - Buffers The construction at this site involves a road crossing of a stream that is subject to the Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Cub Creek at Site 2 is depicted on the most recent version of the Northwest Durham (1973/1987) topographic quadrangle (Figure 1) as well as on the Soil Survey of Durham County (USDA-SCS, 1971) (Figure 2). Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, and temporary silt fence. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures are within the 60 ft right-of-way width and their associated impacts are included within the site total of 1,922 ft'` in Zone 1 and 1,287 ft'- in Zone 2 (totaling 18 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Waters of the U.S./Riparian Buffer 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. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Miti ag tion: Unavoidable impacts to 6.5 linear feet of stream (surface water fill) associated with this project will be mitigated (at a 2:1 ratio) by providing 13 linear feet of warm water stream restoration equivalent in the Neuse River Basin (Hydrologic Cataloging Unit 03020201). All compensatory mitigation requirements will be assimilated on a quarterly basis and provided to the Ecosystem Enhancement Program (EEP) for their acceptance with a copy provided to the USACE for verification and accounting purposes. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, there are three federally protected species listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinacea laevigata), and Michaux's sumac (Rhos michauxii). Mount Level Road is not adjacent to open water suitable of supporting foraging habitat for the bald eagle. The roadway shoulders along Mount Level Road are regularly maintained from the gravel to the woods line, eliminating the possibility for smooth coneflower or Michaux's sumac to exist in this area. Additionally, a review of the Natural Heritage Program database (last updated April 2005) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 03/15/05 site visit and the NHP database review, biological conclusions of No Effect have been rendered for each of these species. Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. Summary NCDOT proposes to upgrade and pave SR 1647 (Mount Level Road) in Durham County. Permanent impacts, associated with surface water till, are proposed to Waters of the United States. Unavoidable impacts to 6.5 linear feet of stream associated with this project will be mitigated (at a 2:1 ratio) by providing 13 linear feet of warm water stream restoration equivalent in the Neuse River Basin (Hydrologic Cataloging Unit 03020201). Additionally, impacts to the riparian buffers within the Neuse River Basin are proposed. Based on the impacts at each site these crossings are EXEMPT. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC No. 3366 for above-described activities. 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 of $200.00 directly to the appropriate NCDOT WBS element 5C.032053. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. Sincerely, n G. Nance, P.E. Division Engineer cc: Ms. Nicole Thomson, NCDWQ Mr. Battle Whitley, P.E., NCDOT Ms. Tasha Johnson, P.E., NCDOT Ms. Katie Simmons, NCDOT r , r SR 1647 (Mount Level Road) - Durham County ?l ! II l Photograph 1. View from inlet at Site 1. ..2 Photograph 3. View from inlet at Site 2. NK Photograph 4. View downstream from outlet at Site 2. SR 1647 (Mount Level Road) - Durham County I? III k I N tog, S m 405 - ,. err r.•i? y'' ? f' 4 ?. As, Ile '•.1 i 1? ? ?' - 1 ?? °?r''-?e5? I` / ? I ?i - i r Disposal i ? . 19 ? L? •,?? .\.`1 - ?'?it. -}S` e`,?x?i '\K ?? 1.7 - •` Q,,`?/y!'?• .. , -?G?I ` ' r..1•1--.. I OA i ! .,..c.-r- -?, PRl.5j0lb ?P*? tikl' ,1 ? r.rr r rr. I I a< / S1 ' All 711 Begin Project ....;.,. • r.'^ ,, f ?r'r L C` "A t Ch ri r, . ?j t riv 74 „ ?•? Cnnlalla : t `.?.? !?-•?:?.- ••.+,.' }- 4 ?.. 'r- J.3: R•:- 7- SITE 1 L555;r ....f 7 r 7 ?( .. 7 I. •P melt Soh ? r SITE 2 ,j ••-...... Wate?1Tank'?' ,}?J •'? •f i \? .?? L ,? ?/ ? ?(• r •? ! otnrtertl H'eylh End Project lit t Weaver '? y~ I ?'i ( Weaver e ?, _( is P '?l •` } J / f 1f?// V: f. +w' ?•?xd.TSZ-.••.,.ir ?'3 ?? .?-..,?` ?. ?na•. _?-// L-r ??.5er \ U?' _ t / ? . ?lukon OArlhl. p w _ - ?7,.• rte. K-.i J ' F,; ?. d 1• 1 r .1 1. ?;_ `? f jp3'? <,,? `?•?, Project Study Area Duke ?? ??..? \.,;??'?^ '?_ ESR 1647 Mount Level Road Homesteasl . um * U (r! • ^` ± /,? Durham County ?• .. ?.?? ?? t :? Northwest Durham ry - -. 1 N USGS Topo Map (197311987) t: n!T iR RalWt.6v7Ei, Bra W A Irv: ?' ?1 1 ?/ +?.: =r,r Figure 1 1:24,000 ? 3 I I O ? I U c O a + 4- W O v LL O W W p I I L L t C (0 O N - U .3 ID L N + > o a >, L 3t CL p O v v L _ a 0 0 I CL L U 4- L L p L O II 4- I ? L V I !n N C I II II II II I O CL O C + •(0 IZone 2 I II II Zone O •u) O L - X L I LL W W II I I _ N LL I II I a (Zone I II Zone II O W I II v' n II I I I II } n II I N + I I I I I I N r II II I I j ...' II I I I ? I I II II II ? O II I I O n ? I II II a + I o w I IZone I o. I I one Z I w I ? ? I I I I ? I I I II II I ?D I I } I I IZone 2 _ v Zone N > O 3 L I? O? _?I I } 3 I I 0 I ? I W N O I W I L I W I U O? n ? C C ? L ? O 4- 4- p O 3 C O L E o m U U 0. ?n o rt o, GL .. c U b ? C O ? M I ID 3 o I F--- O I T n } O L O w n ID i w U w u LL C ? I I } I I (0 O I p p I L O I m 3 > I I O + '> p Q) a o _?I o I - o C) } I L a o p C ° 0 a o C: L I L 0 C C 4- O F- II II L U I II II I q) 7 U, C I II II ? to C O O Zone 21 Zone 2 0 C + V) O O C I Lv I LLJ I II II I ? I V II II V ne z ?? I one I II o II Z O W m u z I I II ? Q II i I II ? u I I II '? ? II I x w I u n i I i I u u I p p Cl II 0 Cl II U) N > V II O 4-- II V J Zone I II p Zone II II I w + ?' ? I II II 1 I I II c II V p II Zone 2 (;L .2 II (D V) > 3 OL I II ? T II I O I II F } 3 III I Y- p I 1 w u _ o w 11 L w to 0 c c .- o t 4- o 0 ; N + p c ? t E O 0 + V O d ?n O ? o c in > c +? U L c ot. cl ? U G y„ L gy ? ? N . p ?Tr Cr CA Office Use Only: Forn 14-lioncn i- 050$52 ?Y USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N i -) r 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? IL Applicant Information Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance(&dot state nc us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Pagel of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than l 1 by 17-inch fonnat; 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: Proposed replacement of a structures conveying unnamed tributaries to Cub Creek in association with u >rp ading and paving on SR 1647 (Mt Level Road) in Durham County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Hwy 501 Business (just south of the Roxboro Road/Duke Street junction) make a right onto SR 1641 (Denfield Street) then make a right onto SR 1656 (Hebron Road) and then make a right onto SR 1647 (Mount Level Road). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Site l: 36.0565 ON 78.8940 °W Site 2: 36.0584 ON 78.8939 °W 6. Property size (acres): 1.5 acre (Project is 0.21 mi long) 7. Name of nearest receiving body of water: UT to Cub C River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/adinin/maps/.) Page 2 of 9 Q. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded areas and residences. 10. Describe the overall project in detail, including the type of equipment to be used: Grade, drain pave and erosion control at SR 1647 (Mount Level Rd). The NCDOT will also dewater the work sites during construction if necessary. Equipment may include excavator, backhoe bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The project is part of the secondary road paying progLram The existing gravel roadway will be paved with asphalt 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 USAGE 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. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 3 of 9 1. Provide a written description of the proposed impacts: Existing pipes will be replaced with longer length pipes in association with this secondary road project. The NCDOT will also dewater the work sites during construction if necessary. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns, cennrntely list imn cts due to both structure and floodine. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 -+ I- ;"Aiirlr rl Tn onloidq ,- npronap rmiltinly length X width- then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent'? Stream Width Length Impact (indicate on ma) Before 11m )act (linear feet) (acres) Site 1 UT to Cub Creek Fill (piped length) intermittent 3 2.5 0.0002 Rip rap armoring 5 N/A along stream bank Temporary 15 N/A dewatering concurrent Site 2 UT to Cub Creek Fill (piped length) intermittent 2.5 4 0.0002 Rip rap armoring 5 N/A along stream bank Temporary 18 N/A dewatering concurrent Total Stream Impact (by length and acreage) 33 0.0004 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to 1:11 ,.4: A«.,.J .. ?I....rtir. rr rlroinarrP llllllrlli-qdQ et(: uaa, v..v Open Water Impact u ..... ?..., .... ..... ...a) .... .. ---0-----"---- - Type of Waterbody Area of Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) (if applicable) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A Page 4 of 9 6. List the cumulative impact to all Waters of the U.S. resulting from the project. Stream Impact (acres): 0.0004 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0004 Total Stream Impact (linear feet): 33 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 construction will be protected from unnecessary encroachment during construction Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during. construction Only the smallest amount of fill necessary to complete the project will be placed in waters of the United States or riparian buffers. 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 Page 5 of 9 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 January 15, 2002, 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 NCEEP 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.htm1. 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. Unavoidable impacts to 6.5 linear feet of stream associated with this project will be miti 7a ted (at a 2.1 ratio) by providing 13 linear feet of warm water stream restoration equivalent in the Neuse River Basin (Hydrologic Cataloging Unit 03020201). All compensatory mitigation requirements will be assimilated on a quarterly basis and provided to the Ecosystem Enhancement Program (EEP) for their acceptance with a copy provided to the USACE for verification and accounting purposes. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wry/index.litm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 13 ft 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 Page 6 of 9 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. 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 3. 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 (required by DWQ) 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 V11 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", 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 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,744 3 (2 for Catawba) N/A 2 1,161 1.5 N/A I Total 2,905 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 Site 2 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,922 3 (2 for Catawba) N/A 2 1,287 1.5 N/A Total 3.209 N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is 0.63 acre existing impervious surface (avg 21 foot wide gravel road) of the 1.5 acre project size. The proposed impervious surface is 0.51 acre (proposed 20 foot wide asphalt paved road) of the 1.5 total project size. Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, and temporary silt fence. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then reseeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures are within the 60 ft right-of-way width and their associated impacts are included within the site totals listed above. XII. Sewage Disposal (required by DWQ) 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. This project will not generate wastewater. XIII. Violations (required by DWQ) 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 Page 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Upgrading SR 1647 will not result in additional development. XV. 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). .5 /) 31°5 A41icant/Agent's Mignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9