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HomeMy WebLinkAbout20061620 Ver 1_Complete File_20061020SENDING CONFIRMATION DATE OCT-20-2006 FRI 16:05 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 95603371 PAGES : 6 START TIME : OCT-20 16:03 ELAPSED TIME : 01136" MODE : ECM RESULTS : OK ` A'; `gQC, co ! r October 20, 2006 Franklin County DWQ Project No. 20061620 SR 1715 State Project No. 5.203511 APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of maintenance improvements to SR 1715 in Franklin County: Stream Impacts in the Tar-Pamlico River Basin Site Riprap Impact to Permanent Fill in Temporary Total Stream Stream Perennial Stream Perennial Stream Dewatering in Impact Impacts (linear ft) (linear ft) Perennial Stream (linear ft) Requiring (linear ft) Mitigation linear ft 1 23 12 35 (concurrent) 45 0 10 additional Total 23 12 45 45 0 Total Stream Impact for Project: 45 linear feet. William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources AJan W. Klimek, P.E. Director Division of Water Quality Wetland Impacts in the Tar-Pamlico River Basin Site Fill ac Total Wetland Impact (ac) 1 0.0112 0.0112 Total 0.0112 0.0112 Total Wetland Impact for Project: 0.0112 acres. Tar-Pamlico Riparian Buffer Impacts Site Zone 1 nrinus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) s ft 1 3,058 450 2,608 N/A 1,884 39 1,845 N/A Totals 3,058 450 2,608 0 1,884 39 1,845 0 * n/a = Total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 4,453 square feet. - One NorthCarolina Transportat on Permitting Unit r/Vllfurll!!f 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunily/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper 10 R r ? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality The project shall be constructed in accordance with your application dated received October 17, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3494 and 3366. This certification corresponds to the Nationwide Permit 3 and Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0250). 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 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 as well as those listed below. Conditions of Certification: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 3. Pursuant to NCAC15A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 4. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. N,oOOtCarolina Transportation Permitting Unit ?/Va&rc.1lJ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recydedl10% Post Consumer Paper Ot `y0 William G. Ross Jr., Secretary ` G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director O ? O-Z Division of Water Quality 6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 7. For the 45 linear feet of streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 8. 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. 9. 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. 10. 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. 11. The use of rip-rap above the Normal High Water Mark should be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. 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 shall be used to prevent excavation in flowing water. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. 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. 15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §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. 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 19. 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. 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. NoiihCarolina Transportation Permitting Unit NatuCCTllf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1186 /FAX 919-733-6893/ Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper OT ,. .,`9 ...._. \OC? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > Division of Water Quality 21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 22. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 23. 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. 24. 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. 25. 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. 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. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at (919)733 X18 }7. / Sincerely /.Alan W. Klimek, P.E. i Onc Np hCarolina Transportation Permitting Unit Notts«J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper \O?O RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources g co r Alan W. Klimek, P.E. Director Division of Water Quality Attachments (General Certifications and Certificate of Completion form) cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, U5 Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office File Copy NostliCarolina Transportation Permitting Unit ???¢lhrrll!!f 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: http!//h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper imap://rob.ridings%40dwq.denr.ncmail.net a cnis.ncmail.net:143/fet... Subject: Re: SR 1715- Franklin Co. From: "Heather W. Montague" <hwmontague@dot.state.nc.us> Date: Thu, 19 Oct 2006 07:57:53 -0400 To: Rob Ridings <rob.ridings@ncmai1.net> Rob- This is correct, the wetland impacts and Zone 1 impacts do overlap. Plus there is a tiny amount of wetland impact within Zone 2 in the NW quad (see below for breakout list of wetland impacts by zone). You could use these numbers and subtract them from the buffer totals. When you issue this, could you please fax me a copy ahead of hard copy? Thanks -Heather 442 ft2 in Zone 1 West side 39 ft2 in Zone 2 on West side 8 ft2 in Zone 1 on East side (tiny wetland fringe to the north of the plunge pool) Rob Ridings wrote: Heather, I've gotten the application for SR 1715 in Franklin County. It appears to me that the wetland impacts for this project are in Zone 1 of the Buffer impacts? Is this correct? I try to separate them in the approvals when wetlands and buffers overlap, subtracting the wetlands from total buffers. This is an advantage for DOT to more accurately reflect the impacts instead of making it look like more resources are being impacted than in reality. Thanks, Rob ? ?rr v 1 of 1 ?g ?JL 10/19/2006 12:46 PM 4 t dM SVVFv?AA N STATE OF NORTH CAROLINA O I 9y''6yy, DEPARTMENT OF TRANSPORTATION pV`4?,, MICHAEL F. EASLEY LYNDO TIPPE"t GOVERNOR SECRE'T'ARY P. October 12, 2006 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 0-61 6 Raleigh, NC 27609 ,,(a 0 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed maintenance improvements to structures conveying an unnamed tributary to Norris Creek on SR 1715 Bob Richards Road in Franklin County. WBS Element 5.203511. The North Carolina Department of Transportation (NCDOT) proposes to replace pipes conveying an unnamed tributary to Norris Creek on SR 1715 Bob Richards Road in Franklin County (Figure 1 - 3). Information concerning this activity is provided below: Impacts to Waters of the United States Site 1 - Waters of the U.S. Maintenance activities at this site will impact an unnamed perennial tributary to Norris Creek [NCDENR-DWQ Index No. 28-30-3, Best Usage Classification C NSW, HUC 030201011 (Figure 3) in the Tar-Pamlico River Basin. The existing structures conveying the creek are 2(a;36" reinforced concrete pipes that are 48 feet long (Photographs 1 and 2). Please note that the existing structures are undersized with separated joints. These separations have resulted in the repeat loss of material from the roadway. Frequent maintenance is needed to repair the roadway and the shoulders. The NCDOT proposes to replace the existing structures with 2(1;81" X 59" pipes that are 60 feet long while temporarily dewatering the work zone. This will involve the temporary placement of impervious dikes in the creek upstream and downstream of construction. Once the stream has been dewatered, the pipes will be replaced. Pennanent impacts at the site associated with the replacement of the structures and minimal amounts of rip rap to protect the structures involve a total of 45 lft (12ft of surface water fill, 23ft of rip rap annoying, and an extra I Oft of dewatering at the inlet end). Please note that due to the position of the new pipe outlet, a small area of e cavation in the.floodplain is necessarv to ensure positive.flow. This area will he stabilized using either rip rap or 57 stone pressed into the soil to create a new stream bed and the reshaped stream banks will be lined with rip rap. The work zone will be dewatered for approximately 5 days. Temporary impacts to the stream from this activity Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 )11?1 2 will result in the dewatering of 45 Ift of stream. The materials used for dewatering will be removed after construction. Fill in wetlands is also anticipated at this site. The construction associated with the installation of the larger pipes will result in 489 ft' (0.01 12 ac) of till in a fringe wetland along this unnamed tributary. (See Appendix One for USACE Wetland Delineation forms/DWQ rating sheets). Riparian Buffer Site 1 - Buffers The maintenance at this site involves a road crossing of a stream that is subject to the Tar-Pamlico River Buffer Rules. The perennial tributary to Cypress Creek, at Site l is depicted on the most recent version of the Bunn West (USGS 1968/1973) topographic quadrangle (Figure 1) and the Soil Survey of Franklin County (USDA-SCS, 2004) (Figure 2). Construction impacts at this site total 3,058 ft2 in Zone 1 and 1,884 ft in Zone 2 (totaling 45 Ift of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is ALLOWABLE. Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Mitigation: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of October 2006, there are three federally protected species listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon), Tar spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhos michauxii). The roadway shoulders along Bob Richards Road are heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area. This perennial stream is very small and does not provide suitable habitat for mussel fauna. Additionally, a review of the Natural Heritage Program database (last updated September 2006) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 10/10/06 site visit and the NHP database review, biological conclusions of No Effect have been rendered for each species. Summary 3 The NCDOT proposes to replace the existing structures while dewatering the work site. Surface water till, excavation in floodplain, temporary dewatering, fill in wetlands, and riparian buffers impacts are proposed. Application is hereby made for a Department of the Army Section 404 Nationwide Pen-nit (NWP) 3 and NWP 33. Although, written concurrence from NCDWQ isn't typically required with Section 401 Water Quality Certification (WQC) No. 3376 and No. 3366, we are requesting a buffer authorization for construction of this project. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element 5.203511. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. Sincerely, JJ •YLO.??.? n G. Nance, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Planning Unit Mr. Steve Winstead, NCDOT District 3 Engineer Mr. Jonathan Tyndall, NCDOT Franklin County Maintenance Engineer Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Technician 10/12/06 SR 1715 (Bob Richards Road) Franklin County Photograph 1. View looking downstream of outlet (plunge pool and fringe wetland). Photograph 2. View looking upstream of inlet (herbaceous wetland). ! I?'r -' `, ??; ? t ? `1 ? 'r 1??? , ?, I v I`V •, (?Jrt?-;\ i.? 1 ? .l Ir ? i , 01 y?fy398 J90 t Mlus f" 1? ) fir)) q ;r Jso cnmyfl 1 y.;: LCem <.,a L ' <<l''\`??(?1? )f ' I',?' r 4L 1 ;? / 1 i ?, 1 s S i{ ?enf 14 J tr?f?l J k v , I 1 l? f" J C `'? ' ,I ice. .. `? ? ?± ?.. ?'! ••\ ? _"'?....? •.!r. .. ?\: 1{ \ t. a ?\ } ??d ???? err !" (illb?? 4.1 +- ? `l i ' u 1 ? ' .'I• ` ? \ I L? ? ?i ?l 4/ ? _ ,,._ ? ?` ?,\ aye/ / ? / 1 SITE , •i t , l ? ? f l {{ A f I All 11 l ? ?I 10)?'? 0 OLIN CI o am / S? 1 Project Stud Area \ . /o ? SR 1715 Bob Richards Road n , Franklin County 36ii 1l0 1, ??_ /?s 1f=_.Y ?• Bunn West Gem USGS Topo Map (1968/1973) i. ? Figure 1 1:24,000 _ r aB x ? ,., We - ' a t'_ ! ?? i.. r. 3r ;Wa6 We Web ' WaB ? B .r c5 ,., ? 1? ? d .f: , t ' ?' ,if '? . A M 1101 `>? ?'re8 WaB ? ? ,` '1 s r r F, 1 ? WeC >,, " '• ,._- B • ??w ? ? 1?aB Web ,. ?,. y _ ?+ B. B WaB n i eB WaB .t .. l e6 ' " .? B r r a 1t03 e8 + , x i ' .,j, ti. t ? t l ?• ? ? FI' ?T ' " ?y?, s...? i ? if a. ,? . ?c,' ? , s'" r ;. , H ? , ^ ? x ? ? ? ? ? ? , x,? Va8 ?? ? ?B •. .?' q. ti r ? a f eB t.7i ?w ` . ? j v ?:? we i .?gr ? ? l • r p.ry r ?a ; 1 •y a + Project Study Area SR 1715 Bob Richards Road Franklin County USDA-SCS (2004) Figure 2 1:24,000 T U p U- ? C C ? - O c v L a= a v v ? ? a p L O 0 3 T O p 3 d L t. ? c v d U C - C v L F- 'v L co O ' fA N C 0 v n c v o O - a O _ +- L = X L O X ?" LL UJ d at W LL- 00 W Z _ m Y V N o ? C L L m ° p 4- E ° 3 m 0 L t O C 4- 0 E N U O CL Li F- w g?2 g2? w s N 02\ ?gt2 c 1 I m ? f > I ? 3 I 1 a ?' I 0 I I 0 ° O I L I I I 0 o• a c n N + 4- / X CC) 0 v I I I I I ------------ ---- ---------- ------ -------y---------- ------ ---- I------ I I I I I I I m I y a I ° n ?- f I o 4 f L O CL I I I f 'p I I ° I O I ? I I P o f L O N _U K 0 co Li F- W zone 2 Zone I 0 b ? ?I o 4 a 0 C 'L3 ? M ? II ? ?,.xU ?+ C ? r i, U oq i -N -N ' = V - ? c L r r _ f -N ? m .yl Y -N ? J Z -N O D L L m m ?I a E a- ° - 3 4- o ? ZOn 0 e,` N + L O C y \ 0 E m U O CL P Office Use Only: Form version March 05 2 0 0 6 1 6 2 0 USACE Action ID No. DWQ No. ([f 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: NWP 3 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section Vlll, 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: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham, NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNancei<D,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: Page 1 of 8 I 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: Proposed replacement of structures conveying an unnamed tributary to Norris Creek on SR 1715 (Bob Richards Road) in Franklin County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Franklin Nearest Town: Rolesville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Rolesville, follow US Hwy 401 North from Wake Count into Franklin County. Make a right onto SR 1101 and travel approximately 3.0 miles east to intersection with SR 1103. Make a left onto SR 1103 and then an immediate right onto SR 1715 (Bob Richards Road) and travel approximately 1.2 miles to project site 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): 35.9500 "N 78.3393 °W 6. Property size (acres): 0.29 7. Name of nearest receiving body of water: UT to Norris Creek 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://li2o.enr.statc.nc.us/adinin/maps /.) Page 2 of 8 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded areas, agricultural land, and residences. 10. Describe the overall project in detail, including the type of equipment to be used: The NCDOT will replace the existing structures at Site 1. The NCDOT will also dewater the work zone during; construction. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The existing; structures are undersized concrete pipes with separated joints. These separations have resulted in the repeat loss of material from the roadway. Frequent maintenance is needed to patch the roadway and the shoulders. IV. Prior Project History If jurisdictional determinations and/or pen-nits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USAGE Action ID Number, DWQ Project Number, application date, and date pen-nits 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 pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Arc any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A V1. Proposed impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Provide a written description of the proposed impacts: The NCDOT will replace the existing structures at Site 1 with two larger pipes. The NCDOT will also dewater the work zone during construction. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, I00-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) Site 1 Fill herbaceous Yes NONE: (1.01 I2 Total Wetland Impact (acres) 0.0112 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0112 ac 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 till 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 Perennial or Average Stream Width Impact Length Area of Number Stream Name "Type oC Impact Intermittent? [3cibre (linear Impact (indicate on map) Im act feet) (acres) Site 1 UT to Norris Crk Fill (piped length) Perennial 1.0 12 0.0003 Rip rap armoring 23 0.0(105 along stream bank Temporary 35concuncnl 0.0008con dewatering 10cxtra 0.0002ext Total Stream Impact (by length and acreage) 45 0.0018 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, dredgint„ flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0018 Wetland Impact (acres): 0.0112 Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0130 Total Stream Impact (linear feet): 45 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 USAGE. 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-clown valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All wetlands and surface waters not affected by construction will be protected from unnecessarv encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of till necessary to complete the project will be placed in waters of the United States. 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 5 of 8 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/strml;idc.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. All compensatory mitigation requirements will be left to the discretion of the re Tull ator_y review agencies. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to detennine 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.cnr.state.nc.us/wrh/index.htni. 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): N/A Amount of Riparian wetland mitigation requested (acres): 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) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? Page 6 of 8 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)'? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section 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 (Neusc), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identity )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Site 1 7one* Impact (square feet) Multiplier Required Mitigation 1 3,058 3 (2 for Catawba) 2 1,884 1.5 Total 4,942 * 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 butter 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 213.0242 or.0244, or.0260. N/A Page 7 of 8 X1. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stonnwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is 0.065 acre existing` impervious surface with the 0.29 acre project site. No additional impervious surface is proposed with this maintenance pipe replacement project. Erosion and sediment control devices at this site are comprised of temporary silt fence and special stilling basin (silt bag). XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project will not generate wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules'? Yes ? No Is this an after-the-fact pen-nit application? Yes ? No 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 lrttp://l12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This maintenance project will not result in additional development. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits can 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). 10`13106 Q Applicant/Agent'sNignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Appendix One (USACE Wetland Delineation forms/ DWQ rating sheets) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determlr R04)n Manual) Project I Site: 5R 11116 Date: / o pe Applicant I Owner: C s To 6.. qtr County: ?r4nk/i?q Investigator: P? o State: NC Do normal circumstances exist on the site? rtes ? No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No ? Transect ID: Is the area a potential problem area? Yes No_-te/ Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. PA4 ohv.v, s _ g G44' 9. 2. l k4 i-J n. P FAC 10. 3. r 64 ks fe _06L 11. 4. r1M3 serrw (a 6Z v F##Ca 12. 5. Sa /i x /1 i ores / -0-i4Z- 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). /A' y Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken... we */,vJ ?C c - rY;e*.? HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other ?Inundated ?Saturated in Upper 12" No Recorded Data Available - Water Marks _ Drift Lines Field Observations: _ Sediment Deposits _L Drainage Patterns in Wetlands Depth of Surface Water: r4m!E(in.) Secondary Indicators: Depth to Free Water In Pit: l? (in.) ) Oxidized Roots Channels in Upper 12" _ Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: (in.) ./FAC-Neutral Test _ Other (Explain in Remarks) Remarks: / Ave ? ?1y SOILS Map Unit Name (Series and Phase): aA Chew rainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No, Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon {Mansell Moist) (Mansell Moist) Abundance/Contrast Structure, etc. Hydric Soil Indicators: Histosol _ Concretions Histic Epipedon ` High Organic Content in Surface Layer in Sandy Soils Sulfldlc Odor Organic Streaking in Sandy Soils - Aquic Moisture Regime Listed On Local Hydric Soils List t3educing Conditions _Listed.on National Hydric Soils List _ Gleyed or Low-Chroma Colors ` Other (Explain in Remarks) Remarks: I I y ? WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Is the Sampling Point Wetland Hydrology Present? Yes ? No Within a Wetland? Yes ? No Hydric Solis Present? • Yes No Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. W'S at to i's a W44'PON/ DATA FORM ROUTINE WETLAND DE'ERMINATION S? (1987 COE Wetiaiids Deterrvinatlun Manual) Project I Site: s R 17! 5 4ob Date: /M/p/04 Applicant I Owner: IVCD To Ar?c - County: Investigator: Ile& hA , 140 01-ht go V4-- State:- A/C Do normal circumstances exist on the site? Yes ? No Community iD: Is the site significantly disturbed (Atypical situation)? Yes No ? Transect ID: Is the area a potential problem area? Yes No ? Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. /? ?u S >? carp- T _ C 9. 2. to r k b &, F/fC 10. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species arelare not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken... 1' / /F?`? t/t t 711A r.C Ss---; HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge - Aerial Photographs Primary Indicators: _ Other _ Inundated -Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: - Sediment Deposits - Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Depth to Free Water in Pit: > i Z (in, ) Oxidized Roots Channels in Upper 12" _ Water-Stained Leaves > /Z _ Local Soil Survey Data Depth to Saturated Soil: (in.) - FAC-Neutral Test _ Other (Explain In Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast structure, etc. i0 Y"- &A SA"- le Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon ` High Organic Content in Surface Layer in Sandy Solis Sulfidic Odor Organic Streaking in Sandy Soils - Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: 004 Alt J v, e s 4ytrlS ?17? s'C4 WETLAND DETERMINATION Hydrophytlc Vegetation Present? Yes No Is the Sampling Point / Wetland Hydrology Present? Yes No _L// Within a Wetland? Yes_ No Hydric Soils Present? Yes No ? Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. 7`h l's *y'4,4 is 4-0-1" R ue ff4 -..,,0 R/?? &tc a `. Nearest Road 5Q ! l5 l ?6 Project Name 1 County Fran/lc./, A Wetland Area 0.0112 ages Wetland Width " 7O feet L?q 7??t ? oct V a ve _ Date -LO V10 Cl Name of evaluator Wetland Location on pond or lake ?n perennial stream on intermittent stream within interstream divide other Soil series 06ewac la 4- Ak tiadot ee predominantly organic - humus, muck, or peat predominantly mineral - non-sandy predominantly sandy Hydraulic factors steep topography ditched or channelized total wetland width 2100 feet Adjacent land use (within 1/2 mile upstream, ups-lope, or radius) forested/natural vegetation *70 % ? agriculture, urban/suburban 26 % impervious surface 5 % Dominant vegetation AIyo O/1dM ?? i /Yl ?Z.rva4e? J. v ek s? a,uru,rvs `s v ?...i lL. w ? Flooding and wetness semipermanently to permanently flooded or inundated s nally flooded or immdated ? inte_ 'ttanly flooded or temporary su ce water no evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin Bog forest - Carolina Bay :?__ther *the rating system cannot _be applied to _salt or -brackish- marshes or stream channels __________________________ R Water storage weight Wetland Z x 4.00 Rating A x 4.00 = :zx Bank/Shoreline stabilization T Pollutant removal * x 5.00 I Wildlife habitat x 2.00 11l Aquatic life value x 4.00 = >? G Recreation/Education x 1.00 *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream, ------- ulsloO: or radius----------------------------------------------------------------------------------------- f: P; 1