20061807 Ver 1_Complete File_20061207

ti• ?QF\PJ ATF?Q Michael F. Easley, Governor
?0 William G. Ross Jr., Secretary
t/3 7? North Carolina Department of Environment and Natural Resources
p -C Alan W. Klimek, P.E. Director
Division of Water Quality
December 7, 2006
Cherokee County
DWQ Project No. 061807
NCSR 1575 (Old Poorhouse Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions-Modification
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for -
the purpose of making improvements to NCSR 1575, Old Poorhouse Road in Cherokee County:
Stream m pacts in the Hiwassee River Basin
Site Permanent Fill in Temporary Fill in_ Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
Site 1 15 15
Total 15 15
Total Stream Impact for Project: 15 linear feet.
The project should be constructed in accordance with your application dated November 14, 2006, (received November
20, 2006), including the environmental commitments made in the application letters. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Nos. 3495 and 3366. This
Certification corresponds to Nationwide Permit Numbers 13 'and 33 issued by the U.S. Army 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
will expire with the accompanying 404 Permit.
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 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 2877&
Intemet: www.ncwaterquality.org
NorthCarolina
,Naturalllu
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer
r
Mr. J. B. Setzer, P.E.
December 7, 2006
Page Two
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project. '
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating 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.
5. 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 NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-1, WS-I1), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
7. The dimension, pattern and profile of the stream, above and below the streambank stabilization, should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
8. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
9. Any riprap placed for bank stabilization should be limited to. the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
10. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
t
Mr. J.B. Setzer, P.E.
December 7, 2006
Page Three
13. If concrete is used during construction (e.g., headwalls), 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.
14. No rock, sand or other materials shall be dredged from the. stream channel, except where authorized by this
certification.
15. 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.
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
17. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bank stabilization work.
18. 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.
19. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate
of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 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 of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
-- Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
w
Staff Report
Project Num: 20061807
Name: NCDOT- SR 1575
County: Cherokee
Location: Ut to Martins Creek Murphy
Latitude:
SW Plan Location:
Owner: NC DOT Division 14 - Andrews
Contact Person: Tippett, Lyndo
Version: 1 Status: Received
Project Type: Other
Region: Asheville
Longitude:
Title:
Inspection Date: 12/05/2006 Entry Time: 10:20 AM
Reason for Inspection: Routine
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s):
Phone:
Exit Time: 10:35 AM
Inspection Type: Staff Report
Phone: [phone]
Question Areas:
Tj tf !VVtj u
Inspection Summary:
At the intersection of NCSR 1556 and NCSR 1575 the stream embankment is undermining the roadway and needs to be repaired
before the road caves off. An unnamed tributary to Martins Creek parallels NCSR 1575 and crosses under NCSR 1556. DOT
proposes to repair this area by installing 15 linear feet of large rock. DOT indicates that most of the rock will be placed above the
ordinary high water mark.
It is recommended that WQ Certification Nos. 3495 and 3366 be issued.
The 401 Certification was issued on December 7. 2006.
Page: 1
Project Num: 20061807 Owner: NC DOT Division 14 - Andrews
Inspection Date: 12/05/2006 Inspection Type: Staff Report
Reason for Visit: Routine
Site Visit Yes No NA NE
Do impacts described in the application differ those seen in the field? ? E ? ?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application? ? ? ?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application? ? ? ?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification? ? ? ?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification? ? 0 ? ?
Are there additional stromwater conditions that should be required due to the following classifications: ? 0 ? ?
# 303(d)list, Class WS, NSW, ORW, HQW
Describe:
Is this a subdivision or otherwise part of a larger project? ? ? N ?
# If yes, what phase is this?
Are there prior impacts from prior phases? ? ? ¦ ?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment:
Page: 2
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
November 14, 2006
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers , 061
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 13 & 33 Permit Application
SR 1575 - Old Poorhouse Road - Unnamed Tributary to Martins Creek
Cherokee County
State Project No. 14.202011 (DWQ Minor Permit Fee $200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to stabilize 15 linear
feet of streambank (road shoulder) on the subject road. The unnamed tributary to Martins Creek
is eroding the shoulder of the roadway and will eventually undermine the roadbed. The proposed
streambank stabilization is necessary for maintenance and safety of the existing roadway.
Attached is a site map and digital photo of the site. Funds have been allocated for this project,
and NCDOT would like to perform these activities as soon as possible.
NCDOT will place rock fill along the streambank in order to rebuild and stabilize the shoulder.
Minimal excavation of the streambank may be necessary in order to install the shot rock. The
majority of the rock fill will be placed above the mean high water mark. Sandbags will be used
to prevent water from entering the work area. The best management practices will be used to
minimize and control sedimentation and erosion on this project. The construction foreman will
review all erosion control measures daily to ensure sedimentation and erosion is effectively
controlled.
The North Carolina Natural Heritage Database was checked for records of federally threatened
and endangered species. There are no species listed for the unnamed tributary of Martins Creek.
Additionally, there are no records listed for Martins Creek from the confluence with the
unnamed tributary to Hiwassee River. The Sicklefin Redhorse (Moxostoma sp.), a federal
candidate species, is known from Martins Creek. The closest record is approximately 2.75 miles
downstream of the project. The unnamed tributary is small and does not have sufficient flow to
support mussels and fish habitat is limited. Impacts from stabilization of the bank will be very
minimal. For these reasons, we believe there will be "no effect" on threatened and endangered
species.
Impacts to Waters of the United States
The unnamed tributary to Martins Creek is shown as a perennial stream on the USGS
topographic map. The stream has a well-defined channel composed of gravel and sand. The
channel lacks vegetation. For these reasons, we believe this stream is under the jurisdiction of
the U. S. Army Corps of Engineers. In order to conduct the necessary repairs, it will be
necessary to impact waters of the United States in the Hiwassee River Basin. Specifically,
NCDOT proposed to stabilize 15 linear feet of streambank of an unnamed tributary to Martins
Creek along the shoulder of SR 1575. Listed below is a summary of the impacts.
Site No. Existing Condition Proposed Condition Net Impacts
Site 1
. Unstable streambank
encroaching into roadbed Stabilize 15 linear feet of
streambank with shot rock 15'
Total ' 15.0
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am. asking Mr. David
McHenry, Mountain Region Coordinator of the North Carolina Wildlife Resources Commission
(NCWRC), to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources, Division of
Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside
Environmental Field Operations Engineer of NCDOT, to comment directly to me concerning this
permit request.
If you have any questions or need additional information, please contact me at [phone].
Sincerely,
Steven M. Buchanan
County Maintenance Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (six copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Joel Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT

,off
D
OF
W A TF,Q
9G
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality
Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1575 Old Poorhouse Road
Cherokee County
a`P?OF T10RTH C4
7
^'s O
{Mr Orls
NCDOT Division 14, District III
Prepared by: Steven M. Buchanan
County Maintenance Engineer
Cherokee & Graham County
Page 1 of 9
Office Use Only: Form Version March 05
??'?61 X07
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L 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 13 & 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: 191 Robbinsville Road
Andrews NC 28901
Attn: Steven Buchanan
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address: sbuchanan(a,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 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1575 Old Poorhouse Road - Bank Stabilization
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14.202011
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include?phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Head West at the
intersection of US 64 & US 74 in Murphy. Travel 0.40 mile to SR 1556 and take a left on to
SR 1556. Follow SR 1556 for 2.0 miles and turn onto SR 1575.
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): ON °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Unnamed Tributary to Martins Creek
8. River Basin: Hiwassee River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mos/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: forest, pasture, residential
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: NCDOT
proposes to stabilize 15 linear feet of eroded streambank on an unnamed tributary to Martins
Creek in order to rebuild the road shoulder along SR 1575. A trackhoe and dump truck will
be used during construction.
11. Explain the purpose of the proposed work: To maintain safety and integrity of the road.
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.
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.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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.
1. Provide a written description of the proposed impacts: The streambank/road shoulder will
be excavated to provide sufficient room to install large shot rock along the 15-foot section of
eroding_streambank to12rovide long term stability.
Page 3 of 9
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 Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property:
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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
Site 1 ITT Martins Creek Bank Stabilization P 2 15 .000340

Total Stream Impact (by length and acreage) 15 .00340
Page 4 of 9
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 ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
(acres)
N/A N/A N/A N/A N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream hn act (acres): .00034
Wetland hn act (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. acres .00034
Total Stream Impact (linear feet): 15
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.
N/A
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
Page 5 of 9
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The stream is adjacent to the
road and is undermining/eroding the fill slope and road shoulder. The impacts will be minimized
by excavating the shoulder/streambank and installing large shot rock along the toe of the
streambank. This will stabilize the streambank and prevent further undermining of the shoulder.
Sandbags will be used to prevent water from entering the work area during construction. The
sandbags will be removed following installation of the shot rock.
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
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
N/A
Page 6 of 9
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
[phone] 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/wrp/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (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. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 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. V Yes ? No
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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.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* 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.
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. N/A
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
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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:
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).
N/A
11114
?A41icant/Agent's Signature ' ]Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Erosion on SR 1575 Old Poorhouse Rd
SR 1575 Site Map