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HomeMy WebLinkAbout20052074 Ver 1_Application_20051206ll? NCDENR North Carolina Department of Environment and Michael F. Easley, Governor November 30, 2005 oE? o ?S 6 Natural Resou5rstn t'w?tiTFL?l/ ?i NCh William G. Ross Jr., Secretary Alan W. Klimek, P.E,, Director Coleen H. Sullins, Deputy Director Division of Water Quality DOT Project #3c031041 SR 1504, Alphin Road DWQ Project No. 052074 Duplin County APROVAL of 401 Water Quality Certification H. Allen Pope, P.E. Division 3 Engineer North Carolina Department of Transportation 124 Division Drive Wilmington, North Carolina 28401 Dear Mr. Pope: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.005 acre of wetland and five feet of intermittent stream for the purpose of widening, grading, and stabilizing road shoulders as part of improvements to Alphin Road, SR 1504, in Duplin County. This project shall be constructed in accordance with your application dated November 14, 2005. Impacts are specifically identified in your application as follows: Site location Type of impact Area (or length) of impact A Fill and install 0.002 ac. equalizer pipe B Grading of 0.003 ac. shoulder S1-S4 Replace 5 feet existing 18" x 35 ft. RCP with 24" x 40 ft. CMP 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 \ FAX: 910-486-0707 \ Internet: ww.enr.state.nc.us/ENR/ An Equal Opportunity / Affirmative Action Employer - 50 %, Recycled \ 10 % Post Consumer Paper NorthCarolina ;Vaturallff Mr. H. Allen Pope November 30, 2005 Page 2 After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3404 which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification corresponds to the Nationwide Permit 14 issued by the U.S. Amy Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and the following additional condition: 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. Also, we ask that you notify the Fayetteville Regional Office upon completion of this work. 2. NCDOT shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may re- evaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the US Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 3. This Water Quality Certification will expire with the accompanying 404 permit issued by the U.S. Army Corps of Engineers. This condition supersedes Condition #19 of General Certification #3404 issued on March 28, 2003. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 4 Mr. H. Allen Pope November 30, 2005 Page 3 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 Ken Averitte at 910- 486-1541, ext. 722. Sincerely, Alan W. Klimek, P.E. AWK/KA/ka Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville Regional Office, DWQ File Copy Central Files Rob Ridings, 401 Wetlands Unit Mason Herndon, DEO, Division 3, NCDOT Duphll.srI 504.doc STATE OF NORTH CAROLINA D? ?^ M NO ? V ? n rO?M%.?r` > 11%Dt DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY November 14, 2005 U.S. Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. David L. Timpy NCDOT Coordinator 052074 SUBJECT: Nationwide 14 Permit Application for Secondary Road Construction on SR 1504 (Alphin Rd), Duplin County Project Number: 3c031041 (DWQ Permit Fee: $200) Please find enclosed a PCN application from the North Carolina Department of Transportation for a Nationwide 14 permit from the Army Corps of Engineers for the secondary road improvement project on SR 1504 (Alphin Rd.) in Duplin County. The scope of the project will be to grade, drain and base the 0.8 mile of existing unpaved road to current NCDOT secondary road standards of 20 ft of pavement and 6 ft of earthen shoulders to improve roadway safety and stability. IMPACTS TO WATERS OF THE UNITED STATES This project is located in the Cape Fear River Basin within USGS hydrologic unit 0303007 (subbasin 030622). The proposed project will impact 0.005 acres of non-riverine wet hardwood forest, identified as Sites A & B on the plan sheets. Flags A-I through A-7 on the left side of the project at Sta. 11+70LT through 12+65LT identify an existing disturbed wetland area that appears to contain fill and mature vegetation. Per our field meeting this area was not counted as a jurisdictional impact. In addition to the wetland impacts, there will be 5 ft. of a disturbed intermittent channel identified as S-1 through S4 at Sta. 26+30LT that will be impacted by a pipe replacement and extension on this project. This intermittent channel serves as an unnamed tributary to Halls Marsh classified as C Sw waters by the Division of Water Quality. There are no permanent or temporary utility impacts proposed with this project. You verified the wetlands for this project on September 7, 2005. COMPENSATORY MITIGATION The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. Side slope designs have been reduced to 3:1 at the wetland site and Right of Way (RW) acquisition was reduced to minimize wetland impacts. The project was evaluated for on site mitigation j j k 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 and it was determined that no feasible mitigation existed within the acquired RW. Therefore, based upon the letter from the U.S. Army Corps of Engineers, Wilmington District dated September 1, 2004, the remaining, unavoidable impacts to 0.005 acres of non-riverine wet hardwood forest will be offset by compensatory mitigation provided by the Ecosystem Enhancement Program (EEP), if required. Per the field meeting held at the project site, no mitigation would be required for the 5 ft of intermittent channel impacts at Sta. 26+30LT. If requested, the Department will submit this compensatory mitigation request to EEP for acceptance in a quarterly report and will provide a copy to the Wilmington District office for verification and accounting purposes as requested. NATURAL AND HISTORIC RESOURCES FEDERALLY PROTECTED SPECIES Species with the federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.). The United States Fish and Wildlife Service lists two federally protected species for Duplin County which include the American alligator (Alligator mississipplensis) and Red-cockaded woodpecker (Picoides borealis). A GIS and field review has been conducted for these species and their habitat for this project and a determination of "No Effect" for the listed species is recommended. HISTORICAL RESOURCES Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservations Regulations for Compliance with Section 106 codified at 296 CFR Part 800, this project has been reviewed and cleared for effects on historical and archeological resources (see attachments). REGULATORY APPROVAL Section 404 Permit: The Department of Transportation is requesting to proceed under Nationwide 14 in accordance with 67 FR 2020, January 15, 2002. Section 401 Permit: We are also requesting by copy of this letter issuance of the 401 Water Quality Certification 3404 from the DWQ. We have provided a method of debiting $200 to be submitted to the DWQ for processing the WQC permit request, as noted in the subject line of this application. If you have any questions or need additional information please contact feel free to contact me at (910) 251-5724. Sincerely, Mason Herndon Division 3 DEO cc: w/attachments Mr. Brian Wrenn, DWQ Raleigh (7 copies) Mr. Ken Averitte, DWQ Fayetteville (1 copy) 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 Office Use Only: Form Version May 2002 20052074 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? II. Applicant Information 1. Owner/Applicant Information Name:_ H Allen Pope P E Division 3 Enizineer Mailing Address: North Carolina Department of Transportation 124 Division Dr. Wilmington N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 E-mail Address: 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: Mason Herndon Company Affiliation: Division 3 Environmental Officer Mailing Address:_ North Carolina Department of Transportation 124 Division Dr. Wilmington N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: __ (910) 251- 5727 E-mail Address: mherndon@dot.state.nc.us Page 5 of 12 III. Project Information Attach a vicinity Tmap clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:. R 1504 (Alnhin Rd) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3c.031041 3. Property Identification Number (Tax PIN): 4. Location County: Duplin Nearest Town: Faison Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Faison take NC 403 E approximately 8 mi., turn right onto SR 1004, SR 1725 is -4.6 miles on the left 5. Site coordinates, if available (UTM or Lat/Long): 35.1099029° N 77.9748560° 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. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Halls Marsh 8. River Basin: Cape Fear (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing _unpaved secondary road is bordered by residential, forested and agricultural areas Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: To grade drain, and base the existing secondary road using standard road construction equipment. Existing roadbed is 20 ft shoulder point to shoulder point and will be built to standard secondary road typical of 20 ft of pavement and 6 ft earthen shoulders within the acquired 50 ft of ROW. 11. Explain the purpose of the proposed work: To improve the existing secondary road by bringing it up to NCDOT standards providing a better and safer road for residents and commuters along this facility. School buses do utilize this route. 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 permits have been issued 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. No additional permits request are anticipated in the near future VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Impacts will include 0.005 acres for shoulder construction/ditch relocation and 5 ft of stream impacts for a pipe replacement and extension. 2. Individually list wetland impacts below: 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*** A fill/pipe 0.002 No 1800 forested freshwater B excavation 0.003 No adjacent to UT forested freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gnu. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: 0.005 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) S1-S4 24" CMP 5 UT to Halls marsh 4 Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to_pozonc.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact Area of Impact acres Name of Waterbody (?f applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean etc. N/A None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. To minimize impacts fill slopes in wetlands will be reduced to 3:1. ROW was limited to 50 ft to minimize impacts. Strict enforcement of sedimentation and erosion control BMPs will be enforced. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwid< Permits, published in the Federal Register on March 9, 2000, mitigation will be required whet necessary to ensure that adverse effects to the aquatic environment are minimal. Factor: including size and type of proposed impact and function and relative value of the impactet 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 wetlanc 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 similai 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 ordej 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 al http://h2o.enr.state.nc.us/ncwetiands/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. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.005 acres of iurisdictional non riverine wetlands will be offset by compensatory mitigation provided by the EEPprogram, if required These impacts are to a non-riverine wet hardwood forest in the Cape Fear River basin within USGS hydrologic unit 03030007 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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 Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 (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 VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone l extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) 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. Strict enforcement of Sedimentation and Erosion control BMPs will be enforced during construction to protect wetlands and waters of US 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. N/A 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 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. 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