20061269 Ver 1_Complete File_20060831

F Vq ti
tO 9O Michael F. Easley, Governor
William G. Ross Jr., Secretary
(??=) r North Carolina Department of Environment and Natural Resources
`C Alan W. Klimek, P.E. Director
Division of Water Quality
August 31, 2006
DWQ# 06-1269
Mr. Barry Moose, P.E.
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moose:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact a total of 38 linear feet (If) of streams as listed in the table below:
Location/Station Stream Name Length of Stream Impact
Station 30+03 Unnamed tributary to Black Run 14 linear feet for culvert extension
Creek*
Station 37+10 Unnamed tributary to Black Run 14 linear feet for culvert extension,
Creek* 10 linear feet for an armored
scourhole at outfall
The impacts will be for the purpose of paving an unpaved, secondary road as described in your application
received by the Division of Water Quality (DWQ) on August 10, 2006. The location of the project is State Road
(SR) 2439 (Vineyard Road) in Cabarrus County. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3404. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This
approval will expire with the associated 404 permit unless otherwise specified in the Water Quality
Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if 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 those listed below:
1. Placement of the culverts and other structures in waters, streams and wetlands shall be placed below the
elevation of the streambed by one (1) foot for a culvert with a diameter greater than 48 inches, and 20
percent of the culvert diameter for a culvert having a diameter less than 48 inches, to allow for low flow
passage of water and aquatic life, as well as prevent headcutting of the streams.
*No stream determination performed. NOnehCarolina
Aatura!!y
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 28115
Phone[phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
The design and placement of culverts and other structures including temporary erosion control measures
shall be installed in such a manner that the original stream profiles are not altered (i.e,, the depth of the
channel must not be reduced by a widening of the streambed). Existing stream dimensions (including
pattern and profile) are to be maintained above and below locations of each culvert. The applicant may be
required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ.
2. Black Run Creek is classified as Water Supply Waters (WS-II), High Quality Waters (HQW). Therefore, the
permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)]. Temporary
cover (wheat, millet or similar annual grain) or permanent herbaceous ground cover should be planted on all
bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees.
Straw mulch and tall fescue should not be used in riparian areas.
3. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
4. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
6. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
9. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
10. 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.
11. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
13. 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.
14. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
Page 3
15. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
16. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.
17. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been
completed. Please include photographs upstream and downstream of the structure to document correct
installation.
18. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act]
and any other appropriate requirements of state 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 reevaluate
and modify this certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify
NCDOT and the USACE, 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 USACE 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.
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.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1699.
Sincerely,
/),
for Alan W. Klimek, P.E.
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy
e.. SfA$ v?
STATE; OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAFI, F. FASITY
GO N LRNOR
July 12, 2006
DIVISION OF I-IIGHWAYS
North Carolina Division of Water Quality
401 Wetlands Certification Unit
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
W. LYNDOTIPPF"I'I
SARI; I ARY
061269
1l)(Ib
VV"LANDS AND STOI M,, u ZElly
BRANCH
Subject: Application for Secondary Road Improvements to SR 2439 (Vineyard Road),
Cabarrus County. WBS Element No. 10C.090049 (DWQ Minor Permit Fee
$200.00).
Dear Mr. Dorney:
The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 2439
(Vineyard Road), in Cabarrus County. SR 2439 is an unpaved roadway that will be upgraded to a
paved roadway. The total project length is 1.80 miles.
JIM 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. 'T'hese general statutes specifically sct forth requirements lbr
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. 2439 is scheduled for paving in the 2006-2007 Secondary Roads
Construction Program.
Protected Species
The subject project has been reviewed for the presence oflisted threatened and endangered
species. It has been determined that the construction of this project will have no elTcct on any
listed plant or animal species.

716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]
Impacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. The project lies
in the Yadkin-Pee Dee River Basin (Hydrologic Unit # 03040105), affecting the drainage oftwo
unnamed tributaries to Little Buffalo Creek. There will be approximately 28 linear feet of
permanent impacts to the existing stream channels as a result of the proposed construction.
Wetland Impacts
There are no wetland impacts that will result from the construction of this project.
Stream Impacts
There are a total of two impacts to perennial streams associated with the construction of this
road. Table 1 includes information related to site number, stream name, existing pipe length (ft),
existing pipe; width (in), proposed replacement or extended pipe length (ft) and width (in).
Table 1. Impacts to Streams from improvements to SR 2439 (Vineyard Road
Site Existing Existing Proposed Proposed
No. Stream Name Length Width Length Width
feet inches feet inches
Sta. UT to Little Buffalo 36' 18" 50' 30"
29+86 Creek
Sta. UT to Little Buffalo 36' 24" 50' 36"
37-4-10 Creek
Note: "I 1'Irefers to unnamed tributary.
Avoidance/Minimization
All wetlands or surface waters not affected by the project will be protected from unnecessary
encroachment. There will he no staging or storage of construction equipment allowed in or near
wetlands or surface waters.
The proposed project impacts have been limited as much as practical. The new alignment will not
impact any jurisdictional areas but it will require the removal of trees and vegetation in an area
that has not been previously cleared by the NCDOT. The NCDOT Area Roadside Environmental
Field Operations Unit will continuously review erosion control measures for the project and make
every elTort to assure that the best management practices for the protection of wetlands and
surfaces waters are implemented. ']'here will be continued coordination between maintenance
forces and Division environmental staffduring project construction to assure that impacts to
jurisdictional sites are minimized.
Summary
The purpose of this letter is to request authorization to construct the proposed project under a
Section 401 Water Quality Certificate (WQC) No. GC3404. Seven copies of the Pre-
Construction Notification form have been enclosed for your use.
If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at [phone].
Sincerely,
Barry S.oose, PE
Division Engineer
BSM/LBT
cc: Polly Lespi.nasse, NCDWQ
Marella Buncick, USFWS
Marla Chambers, NCWRC
Ritchie Hearne, DE
Janice Hampton, CME
Larry Thompson, DES
Area Field Operations Unit
File
SR 2439 (Vineyard Road)
Cabarrus County
Office Use Only: Form Version March 05
2 0 0
USACE Action ID No. DWQ No. 6 1 2 6 9
(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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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 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: ?
ll. Applicant Information
1. Owner/Applicant Information
Name: N.C. Department ofTransportation
Mailing Address:._---- 10'"_f-lighway Division ----------_----------___--
716 West Main Street
----------- -Albemarle N.C. 28001----_-_--
Telephone Nuinbcr:-._(704)_982-01.01-_-----_..__ Fax Number:-__(704J982-3146 ___-----____--
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: ------ ------ -- - --E3?trry?Moose - ------- - -- --- -
Company !11'filiation:N.C, De artment_ofTransportation-_-____-
Mailing Address: .---------- 1.0`h IIibhway Division -----_------------------------------------------
716 West Main Street
Albemarle N.C. 28001 ---------_-__.._____--
Telephone Number:__00419$2 01_--_ Fax Number:__(704J982-3146
E-mail Address: bmoose0a dot.statemc.us
Page 1 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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
USAGE 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 hill-size construction
drawings rather than a sequential sheet version of the hall-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 243 (Vineyard Road
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Carbarrus Nearest Town:,__Mount Pleasant
Subdivision name (include phase/lot number):______________
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
North Main Street and NC 49 in Mt._Preasant travel north on Mt. Pleasant Road North 4.5
miles to SR 2408_Gold Hill Road). "Turn Right onto Gold Hill Road and.proceed 1.1 miles
to SR 2439(Viney:ard Roadt.- _. ___-_____-._-- 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): 35° 28' 15.46" let -_ 80° 26' 3.78" W
5. Property size (acres):_ NAY____----------------_.--____.
6. Name ofnearest receiving body of water: ftttthfia'('reel<____-_-_. 0-.e e
7. 7. River Basin: Yadki_n_(Hy(irolc>gictnit 03040-1.OS)--
(Note - this must be one ol'North Carolina's seventeen designated major river basins. The
River Basin map is available at IittIO/h2o_cm .statCnC.us/admin/mats/.)
8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Vineyard Road is an unpaved secondaty road located in
Cabarrus_CounI),-__It is sparsely developed by a_few_sin le laniil 'idences and tile
surrounding, forested areas apjxmai to be mantled Ibr timber production___ __-
Page 2 of 9
SR 2439 (Vineyard Road)
Cabarrus County
9. Describe the overall project in detail, including the type of equipment to be used: The work
area will be cleared, as needed, to allow_ 1br the installation of appropriate erosion control
measures, followed by rg ading, improvinu the roadwaj drainage, constructing a new Pry avel
base, and paving. Ili permitted, the intersection of Vineyard and Mount Olive Road will be
reali nod in order to improve the existing sight distance (beginniny- at sta. 93+20). The
proposed work will be completed utilizintw typical construction equipment such as track h
dump trucks, grader, vibratos roller and paving equipment.
10. Explain the purpose of the proposed work: The purpose of the proposed work is to up_grade
SR 2429 (Vineyard Road) from an unpaved _toa paved road (1.80 miles), with some new
location, in order to improve service and safety.
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 1D 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.
There are_no_fitture-Rermit -requests anticipated lair this proj_ect__
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 in
accompanying site plan. All wetlands and waters, and all streams (intermittent arid 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
Page 3 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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. Provide a written description of the proposed impacts: There will be 28 feet of permanent
stream impacts associated with this project due to pipe replacements.- ___
2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
'type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no :Nea tance to
rest
tream
ear feet Area of
lmp act
(acres)

Total Wetland Impact (acres)
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 fbr both the original and relocated streams
must be included. To calculate acreage, multiply 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 Impact- linear feet) acres
Pipe Upgrade,
29186 UT to Little Replacing existing
' perennial 14' .0006
Buffalo Creek 36
x 18" RCP with
50' x 30" CMP
Pipe Upgrade,
37+ 10 UT to Little Replacing existing
"
' perennial 14' .0009
Buffalo Creek x 24
RCP with
36 3
50' x 36" CMP

---- -----
------ - - --- ---- ----
Total Stream Impact (by length and acreage) .0015
Page 4 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number
(indicate on map)
Name ppliWat
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

- --------- --- --- -
_
'T'otal Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0015
_
Wetland Impact (acres): _ N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) .0004
Total Stream Impact (linear feet): 28
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 leet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
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.): --_----_----____--- - ----_---
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement,
Current land use in the vicinity of the pond:
-----------_-_------------------__._._.__._.._--
Sire of watershed draining to pond: Fxpccted pond surface
Page 5 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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 proposed impacts have
been limited as much as practical. The new alignment will not impact any jurisdictional areas
but it will require the removal of trees and vegetation in an area that has not been previously
cleared by the NCDOT. The staging of construction equipment will not be allowed in or near
jurisdictional waters-on this project and the sediment and erosion control best management
practices for the protection of wetlands and surface waters will be enforced during all phases of
project construction.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE -- In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on 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
}htth:Hl12o.enr.stwe.nc.Li s/ncvy_cLllnds/strim de,lit ml.
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 olfsite), affected stream and river basin, type and amount (acreage/linear feet)
Page 6 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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.
Any requests received for mitigation will be routed through the NC Ecosystem Enhancement
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 NCF,EP at
[phone] to determine availability, and written approval from the NCF.,EP 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.c.nr.state.ilc.iis/w_1-p/indcx.hlm. 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):-.---
Amount of buffer mitigation requested (square feet): __.
Amount of Riparian wetland mitigation requested (acres):--
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):---
IX. Environmental Documentation (required by DWQ)
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 [phone] to review current thresholds for environmental documentation.
Yes ? No
3. 11' 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.
Page 7 of 9
SR 2439 (Vineyard Road)
Cabarrus County
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .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.
Impact Multiplier Required
Lone* ----?--
(square feet) Mitigation
I I 1 3 (2 for Catawba)
2 1 4 1.5
Total I I L I
* Lone 1 extends out 30 feet perpendicular from the top ofthe near bank of channel; "Lone 2 extends an
additional 20 feet from the edge ofL_,one 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.
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.
___
"The roiect length is 1.80 miles and the pavement width will be 20 feet. There will be an
increase in the impervious area of.70 acres as a result of this project beingconstructed.
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 ofthe subject facility.
XIII. Violations (required by DWQ)
Is this site in violation ofd DWQ Wetland Rules (15A NCAC 211 .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
Page 8 of 9
SR 2439 (Vineyard Road)
Cabarrus County
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. cnr. st te. inc. uS/nC??et lands. If no, please provide a short narrative description:
This project will have no direct affect on 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 f'or 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
'T'hreatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant Agent's Signature ate
(Agent's signatur is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Date: December 2, 2005
This map h Intended for Internal DOT use only.
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