HomeMy WebLinkAbout20061753 Ver 1_Complete File_20061109AO? W A T ?qQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 9, 2006
Wayne County
DWQ Project No. 20061754
US 70 Emergency Culvert Repair
State Project No. 11604.1096800
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr. R. E. Greene, Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
an emergency culvert repair on US 70 in Wayne County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact (linear ft)
linear ft linear ft
1 12 0 12
Total 12 0 12
Total Stream Impact for Project: 12 linear feet.
Neuse Riparian Buffer Impacts
Site Zone 1 minus = 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) I
1 545 0 545 N/A 75 0 75 N/A
Totals 545 0 545 0 75 0 75 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: 620 square feet.
The project shall be constructed in accordance with your application dated received November 8, 2006. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 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 Neuse Riparian Buffer Rules (15A NCAC
213.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit.
Noe Carol)ina
Transportation Permitting Unit Naturidy
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% Recycledl10% Post Consumer Paper
O? \ NA 7 ?R
O? QG Michael t•. tasiey, tovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
Y
> Alan W. Klimek, P.E. Director
Division of Water Quality
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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. 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.
2. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
4. 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.
5. Pursuant to NCAC 15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
14 Caro ma
Transportation Permitting Unit Naturally
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/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Uovernor
OF W A TF,9 William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
co y Alan W. Klimek, P.E. Director
> Division of Water Quality
O 'r
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
14. 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.
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 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.
17. Upon completion of the project, the NCDOT Division Engineer (or whomever is the authorized agent if a non-
DOT project) shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all
work included in the 401 Certification has been completed.
18. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
19. 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.
20. 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.
No" thCaro)ma
Transportation Permitting Unit Natdll'ally
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/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
W A r Michael F. Easley, vovernor
Fq
OF William G. Ross Jr., Secretary
O? pG North Carolina Department of Environment and Natural Resources
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r Alan W. Klimek, P.E. Director
lit
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Division of Water Qua
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21. 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) 733-9817.
tsmcerel ,
Alan W. Klimek, P.E.
Attachments (General Certifications and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Washington Regional Office copy
File Copy
None Caro ina
Transportation Permitting Unit tuCQlilf
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 Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Min
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
DIVISION 4
November 6, 2006
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(Two Copies)
2321 Crabtree Blvd
Raleigh, NC 27604
(Seven Copies)
Mr. Robert Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
SUBJECT: Halifax County, Improvement of SR 1147
WBS Element: 4CR.042051
Dear Sirs:
SF.CRSTARV
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06j7,3
The North Carolina Department of Transportation (NCDOT) proposes to widen and pave
SR 1147 to bring the road into compliance with standard safety design specifications.
This activity will result in impact to an UT to Conoconnara Swamp due to the
replacement and extension of a crossline to facilitate travel lane and shoulder widening.
The NCDOT anticipates that the pipe replacement activities will be authorized under
Nationwide Permit (NWP) 14 as well as a Nationwide Permit (NWP) 33 due to
dewatering needs. This application is also intended as request for written authorization
from the NC Division of Water Quality to replace the pipe under General Water Quality
Certificate # 3404 (NWP 14). The following information is being provided to satisfy
Nationwide Permit Condition 13 (Federal Register January 15, 2002) and Condition 1 of
General Water Quality Certificate # 3404.
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone (252) 6237-6164 Fax (252) 234-6164
APPLICATION INFORMATION
Enclosed please find the Pre-construction Notification (PCN) Form and supporting
documentation for the above referenced project.
In accordance with North Carolina General Statute 143-215.3D(e) the following
information is being provided to facilitate payment of fees associated with the appropriate
•• ui- ,<- AILy %_V1tlilcate:
• Certificates being requested: #3404 (NWP 14) and #3366 (NWP 33)
• WBS Element: 4CR.042051
• Amount of fee: $200
PROJECT INFORMATION
Road Name SR Number Project Length
Classification
miles
Harve Road 1147 0.3 Rural
River Basin: DWQ
ID
Water Quality Designation
% New Impervious Surface
Roanoke 23-36 C
Buffer Rules Buffer Use Designation
No Exempt
Protected Species Present Mapped Historic Properties
No No
PIPE REPLACEMENT INFORMATION
Site (Station) 4 +00 -L- Map Status Shown on lopo and ssurvey
Existing CMP Proposed CMP
Diameter (in) 48 Diameter 60
Length (ft) 36 Length 50
Construction
Method
Low flow installation Dewatering
*
sheet pile
Device
Burial Depth 12 Inches Substrate Sandy clay loam
Construction Date ASAP Duration One week
Impacts (fl.) 14-piped; -rip-rap protection ; -temporary
Comments
Within 15 working days of the of the pipe replacement all cofferdams will be entirely removed and natural stream
Restoration Plan contours will be restored and seeded. Temporary silt screens placed in intermittent channels will be cleaned and
removed following vegetation establishment.
??,? - minumccu cuncrere pipe; uMr = Corrugated metal pipe; CMPA = Corrugated metal pipe arch;* If needed.
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list three federally protected species for
Halifax County (Table 1).
Table 1- Federally Protected Species of Halifax County
Federal Habitat Biological
Common Name ScientiFo Namp cr., Federal Habitat
Prcsent Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Dwarf wedge mussel Alasmidonta heterodon E N No Effect
Tar spiny mussel E,lliptio steinstansana E N No Effect
No element occurrences are listed on the NHP database within one mile of the project
area. During the onsite visit, it was determined that there were no pine trees suitable for
RCW foraging or nesting are in, or adjacent to, the project area. There was also no habitat
suitable for the Dwarf wedge mussel or Tar spiny mussel. This project is not likely to
jeopardize the continued existence of any of the federally protected species listed in
Halifax County.
No sites eligible for listing on the National Register occur within the area of potential
effect. This project will not affect listed or eligible historic properties.
MINIMIZATION INFORMATION
Impacts will be minimized by strict enforcement of Best Management Practices for the
protection of surface waters and wetlands, restrictions against the staging of equipment in
or adjacent to waters of the US, and coordination (including a pre-construction meeting)
with the Division Environmental Officer.
If you have any questions or need any additional information, please contact Jamie
Guerrero at (252) 296-3530 or Chad Coggins at (252) 296-3532. Your time and effort are
appreciated.
Respectfully yours,
R. E. , ., PE
C
Division Engineer, Division 4
cc: Mr. Jamie Guerrero, Division Environmental Officer
Mr. Ronnie Keeter, P.E., District 1 Engineer
Mr. Bobby Lewis, P. E., NCDOT Division Maintenance Engineer
Mr. Franz Enders, P.E., Assistant District 1 Engineer
Office Use Only:
Fonn Version October 2001
USACE Action ID No. DWQ No. 2 0 0 6 1 7 5 3
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: R.E.. Greene Jr. P.E. Division Engineer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: (252) 237-61640501 Fax Number: (252) 234-6174
E-mail Address: rgreene(i?dot.state nc us
2. Agent 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: Jamie Guerrero
Company Affiliation: Division Environmental Officer
Mailing Address: Division 4 - NCDOT
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: (252) 237-6164x3530 Fax Number: (252) 234-6174
E-mail Address: ieuerrero(u)dot.state. nc us
Page 5 of 13
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; nr other farilines M110 be innhwdn? Tr 10- t6., 7 1____ , , ,
...,. a pvSSlvi%,, l.u?, LllapS WIG pfanS shoUlU
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
USACC 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 1147, Harvey Road
T.I.P. Project Number or State Project Number (NCDOT Only): WBS 4CR.042051
3. Property Identification Number (Tax PIN):
4. Location
County: Halifax Boones Crossroads Quad Map Nearest Town:Halifax
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take US 301 South out of
Halifax. After 1 mile turn left onto NC 561. SR 1147 is 6.7 miles on the left.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.) 36.2743 N 77.4888 w
6. Property size (acres): NA
Nearest body of water (stream/river/sound/ocean/lake): UT to Conoconnara Swamp (DWO
ID # 23-33 C)
8. River Basin: Roanoke
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing land use or condition of the site at the time of this application: Rural,
agricultural
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Road grading drainage base paving and erosion control as well replacing one line of 36' X
48" CMP with one line of 50'X 60" CMP with headwalls.
Heavy construction equipment backhoe excavator, ddump truck bulldozer, agrader)
11. Explain the nnrnose of the rlrnr,-d 1.. Lv __ _ ,
. 1 r..,r.,,,.,.. w.:;Irl. ,V vimy Kidyel road into compliance with
standard safety design specifications
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.
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:
AT A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
I . Provide a written description of the proposed impacts: 14 linear feet or 0.002 acreas of
permanent fill in the stream channel from additional pipe length The additional 14 foot of
pipe length is required to increase the shoulder width to meet current NCDOT construction
and safety standards, as well as providing gentler and more stable vegetated side slopes
2. Individually list ?xtatinnA m.._-- _r
1 ypC;S 01 illlpacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structur d fl d'
Wetland Impact
Site Number
(indicate on map)
Type of Impact e an oo i
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) n g.
Located within
100-year
Floodplain
es/n
:Nereaarein ance to
st
ar feet)
Area of
Impact
(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 for both the original and relocated streams
must be included. To calculate acre acre multiply le. gth v ... " • , ,
Stream Im
act 1V11 U1 ! 1 WIUL11, L11U11 U lvlUe D 43, Jou.
p
Number
indicate on ma)
4+00 -L-
Stream Name
UT
Type of Impact
Pipe upgrade
Perennial or
Intermittent'?
Interrmittent Average
Stream Width
Before Impact
R Impact
Length
linear feet
14 Area of
Impact
(acres)
.002
4+00 -I. UT Temporary sheet
pile for dewatering Intem
nittent R
0
0
Total Stream Impact (by length and acreage) .002
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.
Page 8 of 13
Open Water Impact Type of Waterbod
Site Number Name of Waterbody Y Area of
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
Total k0pen vv aiei impact (acres)
6. List the cumulative impact to all Waters of the 1 r c rae,lt+;n- 4-- •t,o ... ,:...
---- -- -'? 1l vlll
Stream Impact (acres): lllV 1V L
002 GV
Wetland Impact (acres): 0
Open Water Impact (acres): p
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 14
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.
AT/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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Equipment staging and work
will be performed within the existing road footprint Strict enforcement of Best Management
Practices for sedimentation and erosion control the protection of wetlands and surface waters
will be enforced. Offsite detours will be used to avoid temporary fill from an onsite detour.
Page 9 of 13
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.
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.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 10 of 13
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ® Meets Federal Categorical Exclusion criteria
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
(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 Roanoke )? 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
I
Zone* Multiplier Required
2
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.
Page 11 of 13
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.
All appropriate best management practices for sediment and erosion control will be
implemented.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. 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:
This project is apart of the statewide secondary road paving program
Page 12 of 13
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 CChP.(1111PC fnr lalrPO r?ofn . r..
and
Threatened Species, accessibility problems, or other issues outside of the applicants control).
is
0
Date
Page 13 of 13
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MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
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SECRETARY
MEMORANDUM TO: Jon G. Nance, PE
Director of Field Operations
FROM: R. E. Greene, Jr., PE
Division Engineer, Division 4 11?r
SUBJECT: Request for stream mitigation for the extension of the culvert on
UT to Conoconnara Swamp under SR 1147 in Halifax County.
WBS Element: 4C&042051
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program
(EEP) provide compensatory mitigation for the project in accordance with the Memorandum of
Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT.
The North Carolina Department of Transportation (NCDOT) proposes to widen and pave SR
1147 to bring the road into compliance with standard safety design specifications. The proposed
stream impacts are associated with one pipeline crossing of an UT of Conoconnara Swamp
located on new right of way of SR 1147. There are no proposed wetland impacts.
CLEAN WATER A„CT,
We have avoided and minimized the impacts to jurisdictional resources to the greatest extent
possible as described in the permit application. The remaining impacts to jurisdictional resources
will be compensated for by mitigation provided by the EEP program,.
The project is located in the Coastal Plain Physiographic Province in Halifax County in the
Roanoke River basin in Hydrological Cataloguing Unit 03010107.
The stream impacts, summarized in Table 1, will be to a first order intermittent stream that is
a tributary to the Conoconnara Swamp (DWQ #23-36). We propose to mitigate for the
stream impacts by using the EEP for the 14 feet of impacts.
Please send the letter of confirmation to William Wescott (USACE Coordinator) at U. S. Army
Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC,
27899-1000. Mr. Wescott's FAX number is (252) 975-1399.
If you have any questions or need additional information please contact Jamie Guerrero at 252-
296-3530 or Chad Coggin at 252-296-3532.
CC: Mr. William Wescott, USACE Washington Regulatory Field Office
Mr. Jimmy Marler, P.E., Bridge Superintendent
Mr. Bobby Lewis, P.E., Division Maintenance Engineer
\ NA T ?9QG
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November 17, 2006
Halifax County
DWQ Project No. 20061753
SR 1147
State Project No. 4CR.042051
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. R.E. Greene, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a pipe on SR 1147 in Halifax County:
Stream Impacts in the Roanoke River Basin
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Site Permanent Fill in Intermittent
Stream linear ft Total Stream Impact
linear ft
1 14 14
Total 14 14
Total Stream Impact for Project: 14 linear feet.
The project shall be constructed in accordance with your application dated received November 8, 2006. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 33
issued by the 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 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. 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.
2. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
N One
Caro ina
Transportation Permitting Unit Naturally
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
W AT Michael F. Easley, vovernor
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OF William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
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3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
14. 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.
Nvi Carolina
Transportation Permitting Unit NatuCQlly
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/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
0? WATF9
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co r Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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15. 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.
16. 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.
17. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
18. 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.
19. 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.
20. 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) 7 - 17.
Since ly,
P2
Alan W. Klimek, P.E.
N "thCaroJ na
Transportation Permitting Unit ll?lfC!ll?lf
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% Recycled110% Post Consumer Paper
Michael F. Easley, uovernor
OF wArF9 William G. Ross Jr., Secretary
O? QG North Carolina Department of Environment and Natural Resources
Y Alan W. Klimek, P.E. Director
r? Division of Water Quality
Attachments (General Certifications and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
N ne Caro !!na
Transportation Permitting Unit a urQ
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:l/h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper