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HomeMy WebLinkAbout20061753 Ver 1_Complete File_20061109AO? W A T ?qQG r O?'< 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 t? 'C 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 ? C/) r Alan W. Klimek, P.E. Director lit y Division of Water Qua -i o ? 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 •? VI1w ?? 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 O os? v 6y? & -P)q Op ?% 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 IV n r-\ \. I I V lf-1r- COUNTY.- Halifax SITE.- 4+00 SCALES I" = 50' Franz Enders 1 1 / 2/ 06 M •^ W L2 r O J_ ti r Ir U) ?O ell 7 0 r O _1 IA h a s * it - - ---- - ...vv u ma a %,1VaD1vw.M (IVI J lop ZMP http://Www.topownc.cOM/Print.asp?lat=36.2743&lon--77.48881&s... loft 11/6/2006 12:40 PM ...,. V.Lp v.Y 1.1 1.5 ka 0 0.2 0.4 0.6 0.8 1 Mi 36.2743°N, 77.4888°W (NAD83/WGS84) USGS Boones Crossroads (NC) Quadrangle Projection Is UTM Zone 18 NAD83 Datum G=-9.791 G=-1.473 MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TJn??wm}?,P,- 7 ?nnc v. , ..vvv LYNDo TIPPETT 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 O r p `C 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 Fq OF William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources 0) r Alan W. Klimek, P.E. Director lit y Division of Water Qua > -i o ? 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 `O? OG 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 O 'C 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