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HomeMy WebLinkAbout20061192 Ver 1_Complete File_20060731OF W ATF9 Dwa-7 , -{ North Carolina Division of Water Quality Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit Modification Project Name/TIP Project No.: Date: Z6 ?D DOT Division: County:0I :!5L-0 V DWQ Project No./Permit Type: DOT Staff:1(}-?O,c? DWQ Staff: elEaNj Al).?ajj 1,L-- ACE Staff : DWQ Regional Office: - 1 e v LL ?? Modification Description: K) (D t>> -c jD0 ? -?+, -Tc- ?, sT? h ? M Pis ?- 'HoTp -6 CPO, 20 L ?? s U 2 c. s C -t7;? , P Modification Sketch: !{- t `i 4-c4c--D 'z>*'??-q-vo r to 8 NhCarolina ?o ` f!!ClIQf Transportation Permitting Unit 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 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 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper In-Field Modification Page 2 of 3 This in-field modification is required for the following reason(s): 0 The information contained in the application or presented in support thereof is incorrect in the following manner: Conditions under which the original certification was issued have changed in the following manner: /YMa e w,J Val .AJ I C" 5 )!J Ao1)rz V r+-L l [= T7-L?Y? This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality, Transportation Permitting Unit'. 1) in cJ County. The project shall be constructed as described in the Modification Description and Sketch on Pagel of this document dated S ZZ LO to improve/construct the section of Gy c f lhi cite w&om 11 4-rh-, 4- .9 Pi CRK N >;' The approved 4 _F_ design is that described in the Modification Description and Modification Sketc on Page 1 of this document dated T - Z g • D Any further changes to the original Water Quality Certification dated ..may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Should your project change, you are required to 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. For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Modification Approval: 1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting Unit within 30-days of the completion of the action. 2. All the authorized activities and conditions of the certification associated with the original Water Quality /4 and all other corresponding modifications still apply except where Certification dated superseded by this certification. In-Field Modification Page 3 of 3 3. Additional Conditions: Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, then NC DWQ must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirements for this project, this in-field modification is invalid and a formal written modification is required. This in-field modification is effective upon the date the last party signs this document. This in-field modification is made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions o0he Administrative Procedure Act, N.C. Gen. Stat. § 150B-23 et seq. DWQ Staff Signature: Date: Azle- . 2!067 (v DOT Staff Signature: Date: '5--Z5?-06 Staff Signature: Date: I - An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel. X 1 N N m - cn 1 -I = -• CL ` i - f Tl Cl 0 Q N tE n^\ C) Q N \` n (?D CA (D 00 ? i CD X<e 41, Cl> if ,.` oooe 000 / I ' :• IN o o C ° \ CD Q \`\61 "IN UJ C7 ?, k n t? Ul i?z FT? ?- O n cn W .°' 0 m 0 N33HOS IIIS 3130H a03 JNIMVUG OUVONd1S DIM13R an -iz 0 w?O 'O N W F+ n Ww.. .• .+ A a m o roro? arhP+ m co :9 3 ? O U3 :r c rF 40 a =' ra Z a m CL p' O o (a to ?N _ :13 O o in U) ca o 0 m H O z 'i 0 m Z co 8 ' 0 O c a a m m 0 t r ' O' N `HJITIVU S,kVA%HJIH d0 NOISIAIG NOI1d1dOdSNVdi 30 'ld3U VNIIOHdO HIUON 30 31d1S 1 O crl- -n -1 0 C to -n 0 -n c -v co z r= ozDo ozy-I o Z H -{ _] C 37 H -? 77 C --I 02 0 A --I ` z= -ncnmccn nm--nornm vocnomom M-no-1 mO-ira=w0mwa0 -u i:a a cn D?? r O +c) =9 OZAM-Im om -Ircn • -10 z crr z cn MOMM=moo corn=mow o? Mmox z?'m z °cn mz --1 00-z1z0 -- :1111 -100 m0 ZO ZZ Z 100 r- -izm O ?o (n3,3 rcn - cn?v m m -I -1 'n arm °0 CDzzn?'i °? a? m O z z -i m -1 0 v 0 m i t I i TO: JOHN HENNESSEY 401/WETLANDS GROUP TRANSPORTATION UNIT My first and second field modifications are attached. Comment as necessary. ` O?v r 0? > D.W.G1 -? AEG 0 IIJJ 4'ET(ANnS ANn - IV ST ??k Ql/? 1? ?WAIR e Oh William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality July 31, 2006 Onslow County DWQ Project No. 061192 SR 2220, Fishing Creek Lane State Project No. 3.206711 APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. H. Allen Pope, P.E., Division Engineer NCDOT, Division 3 124 Division Drive Wilmington, North Carolina 28401 Dear Mr. Pope: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of implementing roadway improvements to SR 2220, Fishing Creek Lane, in Onslow County: Stream Impacts in the White Oak River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring # (linear ft) Mitigation linear ft A 19 LF 19 LF 81 x 59"CMPA Total 19 LF 19 LF Total Stream Impact for Project: 19 linear feet. Wetland Impacts in the White Oak River Basin (non-riverine) Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac) (ac) ac ac A 0.04 0.04 Total 0.04 0.04 Total Wetland Impact for Project: 0.04 acres. The project shall be constructed in accordance with your application submitted July 21, 2006 by Mr. Mason Herndon, Division 3 DEO, received July 25, 2006. After reviewing your application, we have decided that these impacts are one No thCarolina X&il b( North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-3300 Customer Service Intemet: ncwaterquality.org FAX (910) 486-0707 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. H. Allen Pope, P.E. July 31, 2006 Page 2 covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 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 the following: Additional Conditions: 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. 2. 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. 3. 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. 4. 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. 5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 6. 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. 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. 8. 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. «4 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. Mr. H. Allen Pope, P.E. +- July 31, 2006 Page 3 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 11. 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. 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 13. A copy of this Water Quality Certification shall be posted on the construction site at all times. In-addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 14. 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. 15. 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. 16. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. 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. 18. 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. Mr. H. Allen Pope, P.E. July 31, 2006 Page 4 19. 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. 20. This approval will expire with the accompanying 404 federal permit. This condition supercedes condition No. 19 in General Certification No. 3404. 21. This project is located in a watershed classified as SA HQW and on a stream (Queens Creek) that is on the 303(d) list of impaired waters in North Carolina. Given the stream class and impaired status, no new ditches are to be constructed within the roadway project area. However, grassed swales are an acceptable method of providing lateral drainage. 22. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 4B.00241; see NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997); 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 Ken Averitte at (910) 433-3303. Sincerely, Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: Wilmington US Army Corps District Office Mason Herndon, Division 3 Environmental Officer US Army Corps of Engineers, Wilmington Field Office DLR, Wilmington Regional Office Rob Ridings, 401 Wetlands/DOT Unit Central Files FRO File Copy Joanne Steenhuis, WiRO .A Onslow.sr2220. t ishingcrklane.doc c? n Z' r y'y,J U.S. Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. David L. Timpy NCDOT Coordinator 061192 SUBJECT: Nationwide 14 Permit Application for grade, drain and base at SR 2220 (Fishing Creek i Lane), Onslow County Project Number: 3.206711 (DWQ Permit Fee: $200) Please find enclosed a PCN application from the North Carolina Department of Transportation (NCDOT) 1.a for a Nationwide 14 permit from the Army Corps of Engineers for a secondary road improvement project on SR 2220 (Fishing Creek Lane) in Onslow County. The scope of the project will be to grade, drain and base the 0.64 mile of existing unpaved road to current NCDOT secondary road standards of 20 ft of travel lanes and 6 ft of earthen shoulders to improve roadway safety and stability. PROJECT HISTORY l ..• Ha k. w X06 SANOS???Wq? B STATE OF NORTH CAROLINA 'icy DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY July 21, 2006 In September 2003 the property owners on this non-system road petitioned to the NCDOT requesting that the road be added to the state system. In April 2006, Right of Way (R/W) was acquired for the first 680.92 ft. and it was added to the system as SR 2220. The remaining portion of the roadway was not added to state system at that time because it did not meet the Department's cost/benefit ratio for road additions due to the additional cost that would be encountered for a large pipe crossing within the remaining roadway. To make this section meet the cost/benefit ratio, the property owners purchased a pipe that would meet the hydraulic requirements for this crossing. When conducting an on-site meeting with property owners in May 2006, NCDOT District personnel discovered that fill had been placed in areas that had been identified as potential wetlands adjacent to the stream in a previous field visit. This incident was reported to your office and investigated by Brad Shaver who issued a Notification of Unauthorized Activity (SAW 2006- 32406-067) to the property owners and their agent on May 30, 2006. Following the issuance of this notification, you asked if the Department would assist the property owners, in coordination with the Wilmington Regulatory Field Office, resolve this issue by submitting an application for the unauthorized fill and any additional impacts that may be required in the construction of this roadway. Per your request, the required surveys and R/W acquisition has been expedited and application is hereby made for all unauthorized and proposed jurisdictional impacts associated with this roadway project. 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 M IMPACTS TO WATERS OF THE UNITED STATES This project is located in the White Oak River Basin within USGS hydrologic unlit 03'0,20106 (sctbbasin 030501). The proposed project will impact 0.04 acres of riverine bottomland hardwoods, which includes the 0.008 acres of existing unauthorized fill, and 19 linear feet of a perennial stream impacts to an unnamed tributary to Queens Creek, which is classified as SA HQW. These impacts are shown as Site A on the plan sheets. There are no permanent or temporary utility impacts proposed with this project. You verified the wetlands for this project on June 5, 2006 and Ken Averitte (DWQ) conducted a site visit on July 11, 2006. COMPENSATORY MITIGATION The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. Side slope designs have been reduced to 3:1 at the wetland site and the alignment has been shifted to the North to encompass more of the previously disturbed area and minimize impacts to the undisturbed wetlands on the south side. In addition, no lateral ditches will be placed within the wetland areas and all conveyances will be constructed as grass swales and terminate prior to reaching the wetland boundary. The project was evaluated for on site mitigation and it was your determination that removal of the fill and debris within the stream channel and adjacent wetlands would enhance this system and satisfy the mitigation needs for this project. NATURAL AND HISTORIC RESOURCES FEDERALLY PROTECTED SPECIES Species with the federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.). The United States Fish and Wildlife Service lists fifteen federally protected species for Onslow County which include American alligator (Alligator mississippiensis), Red-cockaded woodpecker (Picoides borealis), Cooley's meadowrue (Thalictrum cooleyi) and Rough-leaved loosestrife (Lysimachia asperulaefolia). A GIS and field review has been conducted for these species and their habitat for this project and a determination of "No Effect" for the listed species is recommended. HISTORICAL RESOURCES Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservations Regulations for Compliance with Section 106 codified at 296 CFR Part 800, this project has been submitted for historical and archeological resources review. REGULATORY APPROVAL Section 404 Permit: The Department of Transportation is requesting to proceed under Nationwide 14 in accordance with 67 FR 2020, January 15, 2002. Section 401 Permit: We are also requesting by copy of this letter issuance of the 401 Water Quality Certification 3404 from the DWQ. We have provided a method of debiting $200 to be submitted to the DWQ for processing the WQC permit request, as noted in the subject line of this application. If you have any questions or need additional information please contact feel free to contact me at (910) 251-5724. Sincerely, Mason Herndon Division 3 DEO 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 cc: w/attachments Mr. Brian Wrenn, DWQ Raleigh (7 copies) Mr. Ken Averitte, DWQ Fayetteville (I copy) 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ_No. g Q 1 1 A 2 (If any particular item is not applicable to this project, please enter "N-of Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: H Allen Pope, P.E., Division 3 Engineer Mailing Address: North Carolina Department of Transportation 124 Division Dr. Wilming on, N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mason Herndon Company Affiliation: Division 3 Environmental Officer Mailing Address: North Carolina Department of Transportation 124 Division Dr. Wilmington, N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: (910,) 251- 5727 E-mail Address: mherndon(iDdot.statemc.us Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: SR 2220 (Fishing Creek Lane) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3.206711 3. Property Identification Number (Tax PIN): 4. Location County: Onslow Nearest Town: Hubert Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From NC 24 near Hubert turn right on NC 172, go 0.1 mi turn left on SR 1500, go 0.1 mi. turn right on SR 1501, go 0.8 mi and turn left on SR 1637 (Vann Riggs Rd), go 0.35 mi. and Fishing Creek Ln is to the right. 5. Site coordinates, if available (UTM or Lat/Long): 34.7059951° N 77.2156339° W (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.) 6. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Queens Creek 8. River Basin: White Oak (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 conditions on the site and general land use in the vicinity of the project at the time of this application: Existing unpaved secondary road is bordered by residential open fields and forested areas Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: To grade, drain, and base the existing. secondary road using standard road construction equipment. Existing roadbed is 30 ft shoulder point to shoulder point and will be built to standard secondar road oad typical of 20 ft of pavement and 6 ft earthen shoulders within the acquired 60 ft of ROW. 11. Explain the purpose of the proposed work: To improve the existing secondary road by bringing it up to NCDOT standards providing a better and safer road for residents along this facility. 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. No previous permits have been issued 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. No additional permit requests are anticipated in the near future 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 12 1. Provide a written description of the proposed impacts: Impacts will include 0.04 acres for shoulder construction and 19 ft of stream impacts for apiipe replacement and extension. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** A fill 0.04 Yes adjacent to UT forested freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: 0.04 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Pipe A 81" x 59" CMPA 19 UT to Queens Creek 6 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 19 Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. To minimize impacts shoulder sloves_will be reduced to 3:1. ROW alignment was shifted to N to minimize impacts Strict enforcement of sedimentation and erosion control BMP's will be enforced. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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.htm1. 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. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.04 acres of jurisdictional riverine wetlands will be offset with onsite enhancement credit approved by USACE These impacts are to a riverine bottomland hardwood in the White basin within USGS hydrologic unit 03020106. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes Z No ? 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 El No 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; ;Lone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Strict enforcement of Sedimentation and Erosion control BMPs will be enforced durinp, construction to protect wetlands and waters of US 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. 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. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). r-Q6 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 STARLING PINEY GREEN 40- 17 CJ l imbert .4 40, 174 $ i? 25 24 N - I F sJ `~ - - ----------- - U ` a O 'ti'ff `:r' 40??- - .4k % w ? I Ilwl; ? /? y ,..JrY.. - a ? J n J \J ??' II ( •Y 1 11 Name: HUBERT Location: 034.7030350° N 077.2225358° W Date: 7/19/2006 Caption: Fishing Creek Lane - SR 2220 Scale: 1 inch equals 2000 feet Onslow County Site A Copyright (C) 1997, Maptech, Inc Markers Name: SITE A Short Name: SITEA Coordinates: 034.7059951 ° N, 077.2156339° W SOIL SURVEY OF ONSLOW CUUiv , r+. h I I + aB,. n On BaB "CrB L^ , Mu r KuB' Ln KuB L y 1501 r t, KuB v Sfarl) Pa ta: Mu u C 172 .. 'Ln Mu Bea s Pa BaB Ps (?? fpt '. Mk 1 Pa ?4 Le 4h ,;L Cr ere I +. Mu m Ln B e8 B41 ?1;1 k, mu mu, - Ku8 ,... r Ln G . MDC Ku8 Bee - [P . EJEUNE BaB LITARY - Mu r ' Ba6 eRVATIO •' Mu Mu r l n a, 9' s Mu ?I Mu Ln J\ BOB KuB ti n KuB r r Ln rtn Ln KuB Ln r KuB . "?r4t BaB BdB r . ?(y .. gyp. Ku8 ' Mu {. AnB .. . AnS . t KuB A ch Sao .• F ( , Mu K Ln Mu Ln 8A? Ln Mk Lin IMIc Ln KuB ?r .+, ,•yy?.. u + Ln 1 Mu - Mu Ln Ln Mu Ln Mu On Ln a? + Le N Bab Mu Mk > Mu ~' \ `Qn > Mu NoB 1„72 a« r Noe ' Ku8 fit. Mk Ku8 w Mu Ku8 << CrB Mk On Aa ' y Ln • CD : Bm8 Mu L^ On Le NoBr h /? 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