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HomeMy WebLinkAbout20061020 Ver 1_Complete File_20060626IV A TF O ? Michael F. Easley, Governor Willi G R J S OH QG am . oss r., ecretary North Carolina Department of Environment and Natural Resources ` ty Alan W. Klimek, P.E. Director >_ ,I Division of Water Quality 4 "C June 26, 2006 Wake County DWQ Project No. 20061020 NC 55 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2312 North Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of emergency pipe repair to NC 55 in Wake County: Stream Impacts in the Neuse River Basin Site Culvert Impact to Rip Rap Impact to Temporary Dewatering Total Stream Intermittent Intermittent Stream to Intermittent Stream Impact Stream inear ft inear ft (linear ft linear ft 1 0 36 36 Concurrent 36 Total: 0 36 36 36 Total Stream Impact for Project: 36 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 (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) (using 1.5:1 s ft ratio) 1 2,238 0 2,238 N/A 1,524 0 1,524 N/A Total: 2,238 0 2,238 0 1,524 0 1,524 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: 3,762 square feet. The project shall be constructed in accordance with your application dated received June 23, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3494 and 3366. This certification corresponds to the Nationwide Permit 03 and Nationwide Permit 33issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.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. N6, Carolina QEuCQ!!y 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 919-733-6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper AZF .0 r > --l Qua 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 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 fixture) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this. approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below. Conditions of Certification: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the. preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the. purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species. before the next growing season following completion of construction. 3. Pursuant to NCAC15A 2B.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.. 4. Placement of culverts and other structures in waters, streams, and wetlands. shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the. culvert diameter for culverts having a diameter less than 48 inches, to. allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ.. If this condition is unable. to be met due to bedrock or other limiting features encountered during construction, the culvert shall be placed as low as possible and DWQ informed in writing that this was the case.. 5. If multiple pipes or barrels are required, they should be. designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 7. 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. 8. 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. No°e Cazo1}na Transportation Permitting Unit tllCllill,? 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 11/ An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper of ware 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 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. 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. 17. 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. 18. 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. 19. 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. 20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 21. 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. 22. 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. 1VoCarolina 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:l/h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recvcled/10% Post Consumer Paper 4 UG L WATER QG -1 . 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 23. 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. 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. Sincerely, t r Attachment ? y' Alan W. Klimek, P.E.. cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy Novo Cazo ' a Transportation Permitting Unit )MA a 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 Jun-23-2006 14:27 From-DIV 5 vy???'ATtb .200 61 919-560-3371 T-009 P.002/016 F-152 STATE 4F NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLE'Y LYNDO TIPPETT GOVERNOR SECRETARY June 23, 2006 D [all@ [E BW F= D U.S. Army Corps of Engineers Raleigh Regulatory Field Office JUN 2 3 2006 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 DENR-WATERQUALITY WETLANDS AND STORMWATER BRANCH Attention: Mr. Eric Alsmeyer, NCDOT Coordinator Subject: Proposed emergency repair of a structure conveying an unnamed tributary to Black Creek on NC 55 in Wake County. Heavy rains associated with Tropical Storm Alberto on June 14, 2006 have resulted in damage to an existing structure conveying an unnamed tributary to Black Creek on NC 55 in Wake County. Flooding in the area of this cross line caused the last two joints on the outlet end to disconnect and roadway shoulders at both ends of this pipe. The North Carolina Department of Transportation (NCDOT) proposes to repair the structure and the associated roadway shoulders (Figures 1 - 3). Impacts to waters of the United States The project crosses an intermittent stream, an unnamed tributary to Black Creek, [NCDENR-DWQ Index No. 27-45-(1), Best Usage Classification B NSW; HUC 03020201] (Figure 3) in the Neuse River Basin. The existing structure that conveys the creek is a 24-inch concrete pipe that is 45 feet long (Photographs 1 and 2). Please note that the existing structure has separated on the outlet end and the roadway shoulder above the pipe has failed. Also the north stream bank just downstream of the pipe outlet is unstable and needs repair. In order to repair the roadway shoulder, the last two joints on the outlet end of this structure will need to be reset. Once the pipe ends are set, the associated roadway shoulder will be rebuilt and the area surrounding the outlet will be stabilized using riprap for armoring. Rip rap will also be added to armor the inlet end of this pipe. The NCDOT proposes to temporarily dewater the work zone during the construction. This will involve the temporary placement of sandbags in the creek upstream and downstream of construction. Once the stream has been dewatered, the pipe will be repaired. Permanent impacts at the site will involve no surface water fill. however, 36 feet of rip rap will be placed along the strearabanks to protect structure. The work zone will be dewatered for approximately 1 week. Temporary impacts to the stream from this activity will result in the dewatering of 36 linear feet of stream. Please note that NCDOT will remove the stone from within the stream channel which had been displaced Division 5, 2612 N. Duke Sueet, Durham, NC 27704 Phone; (919) $60-6081 Fax, (919) 560-3371 JUN-23-2006 FRI 14:10 TEL:9197336893 NAME:DWO-WETLANDS P. 2 Jun-N-2006 14:27 From-DIV 5 919-560-3371 T-009 P.003/016 F-152 2 by the storm waters. The materials used for dewatering %ill be removed after construction. Riparian Buffer Construction at this site involves a road crossing of a stream that is subject to the Neuse River Riparian Buffer Rules. The UT to Black Creek at Site 1 is depicted on the most recent version of the Fuquay-Varina (USGS 1974/1981) topographic quadrangle (Figure 1) as well as the Soil Survey of Wake County (USDA-SCS 1970) (Figure 2). Construction impacts at this site total 2,238 ft? in Zone 1 and 1,524 W in Zone 2 (totaling 36 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Cote Sato Miti tion: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. There are four federally protected species fisted for Wake County. They include bald eagle (Haliaeetus leucocephahis), red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterdon), and Michaux's sumac (Rhus miehauxii). The project site is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The dense wooded areas and residential land surrounding this roadway do not offer suitable forging or nesting habitat for red-cockaded woodpecker. Roadway shoulders along this section of NC 55 are heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area. Additionally, this small UT to Black Creek is within the headwaters of its system and does not provide suitable habitat for dwarf wedgemussel. Based on lack of suitable habitat observed during the 06/21/06 site visit, biological conclusions of No Effect have been rendered for each of these species. Summary The NCDOT proposes to repair the existing structure and rebuild the roadway shoulder and downstream streambank. Permanent impacts at the site associated with this repair work involve no surface water fill, but will involve 36 feet of rip rap placed along the JUN-23-2006 FRI 14:10 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 Jun-23-2006 14:27 From-DIV 5 919-560-3371 T-009 P.004/016 F-152 streambank to protect the pipe end. The work zone will be dewatered for approximately 1 week. Temporary impacts to the stream from this activity will result in the dewatering of 36 linear feet of stream. The materials used for dewatering will be removed after construction. Riparian buffer impacts at Site 1 associated with this maintenance activity total 2,238 fr in Zone 1 and 1,524 fF1 in Zone 2 (totaling 36 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the NCD'WQ as Section 401 Water Quality Certification (WQC) No. 3494 and No. 3366 will be utilized for construction of this project. The NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919) 560-6081. Sincerely, Jon Q. Nance, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit Mr. Battle Whitley, NCDOT District 1 Engineer Mr. Chris McGee, NCDOT Wake County Maintenance Engineer Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Tech JUN-23-2806 FRI 14:10 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 Jun-23-2006 14:27 Fron-DIV 5 919-560-3371 T-009 P.C05/016 F-152 NC 55 in Wake County JUN-23-2886 FRI 14:18 TEL:9197336893 NAME:DWQ-WETLANDS F Photograph 1. View upstream of inlet. Photograph 2. View downstream of outlet. Jun-23-2006 14:28 From-DIV 5 919-560-3371 T-009 P.006/016 F-152 4 `711 . f 1 C? j A . I ` `. 1?.. r•-J _11 ? ... 38 f. ? + ?)r, ?u??},` 1: -? '.. r? - Jrl b;/ t J?? }y, J \ ?- ? 7J j ^'????,`?`\•f `?_ 1r' n > •^J .-W'?R '7;n,1ni ,,; l??r•-- _ _ I ?f?, I'J •.r'? ?_?, i , _ 1.? 111 mrn ? ;" ?- ? ,?? y:s'?-. G P.Sf?C ' ? I' f . ? J ? Z ? / ?.,. +2. _:' ?? ? J ,', ? ?. r._ `. ?`•.? Via,: T ?.?; ? w '-? `. ,• ,? ? ? ?. ? l _ .- _. _ 7 J \\? x\11, 1i r - 'ti .••?l A?4' r'.?? ? _ °? L_ ?? ? ? ?-' " ? ??I +`? ,55, . t?s?.rre? L_J II ,. . [ ?Al 7Y??^a ??L?• ??,,? ?~? .??,? Tie lrr? ? "ti-pl e?+ <. 4r1 ?':. +,. _. •b !r rj( ? ?? ,' ; ????, ? , •, ? '-_ ?•,?? ,I ?? i ?.. ,? ? - ..• .ems 1 ? ? _, ' ? _-.. - ' !r _ ,.-f "? f ? ,t •? _,+?? ?? • . / -+•.J •. 1 ? .. J f ^-r? tl ?`^"1l ,J f !? T y;?•..wh ?zvk • ? ? J 1 .. ? / a ? ? _ ? ...r' ` r mil-. r . / ? +? ? • a ?? S'A! ?' r ?f \ / J ? 1 q ?`a '? '.• J _", . ?4? ? • ?'.. ^y,•?_ • F •'? ?? I ? ` l i •+ 'Ry.u c i 64- .. ? '` ? / f t ? ?••?._ ~?`.??. r ??165,! ` \?,? ,? ,.??? ?' i I , Y A - 1 ;? ma=r • ??"4,?.-. `_ ,?'- of 1.f?I,,= J ???'?``. ?` a ,^„ ?.-; ?? ?.,?•??,? ?? 11-` ?' `? ` r, 1 ?' 1.,_ ` , •-w? u ? -?rA r y-, ' , ? ?L ,?l ?,., ? J... s __ i J? ?`Y[Y.1?? ? i NJ, r J?rJ Project Study Area NC 55 Wake County Fuquay-r' arina ;45 I?t'f ' ?? ;ts N USGS Topo Map (1974/1981) w /? ` ?. l ti I ?, ` r? ^} 1 l i I ?? r' f •. f Figure 1 • :24,000 • Copyright(C) 1998, Maptach, Inc. ,TUN-23-2006 FRI 1,4:11 TEL:9197336993 NAME:DWQ-WETLANDS P, 6 Jun-23-2006 14:28 From-DIV 5 919-560-3371 T-009 P.007/016 F-152 , YH CAROLINA ' - SHEEN' NUMBER 98 W KE CO(.J?7 fY'? Ay' HrE ADC APR, NoC? • w QfE; 9 ? d ??' r P.b -7? • x ca': ? 6' 7 ' Cdr' r? . <_ ?... t B < ,? r T`'° r y NU k `A.` o? wuc l M WaA- f wah y ? ^?.. ?F ;: WaB.• PPC'Z' Or82 ? Myna ?" `'::I?d6 ?Y s : " a oA2 :C I ?' j ? 6] L 7 1 [ I1 i t fK j a i N V NBC` Fq 9 # NoC2 A " 6 ? W ;' 1" a a A E r - d "9 ti h1 I.. rc.:> _ ' C fly A ,: RE N°E sdti }4 o x`? WaB SEA p8tJ t - r ?I WaA W C Jlaa No82 _ NgA WaA WaA a a ?A m o 118y1 II YF F. ?q ?. ,. Fa(3 Wa8 i' o ?? Z ? ? :r ?_ a ZW -7 Ilk W r 7 II o ?? ' r : tl ? t {? C' W ; ? 1? Fab Wa6 kd WaB Me r W?6?' Nob f r 1 UJ;,gg,,??,hrl f' Ef: " _ „ No ?VZA i . YfIaA ? :- ? ?• :° \? ? a ?? ?? ` ? ? ° ??, ` ? , ; it ? ? • ? Nos. „ ? , ? ? si t! \Z'Y ?kp4? `C No?2? 1 " ???. ? t ?Mr lP=? /?.r1•. ? ?. ? Np8 n ? ? - s } NoB • } Cu ,? ,fw.,_ e ? NoE ? Wa- - w A A ` ?oB 'a p. . W a \? I Lk Ne W B SITE 1 • ? r ? a DD w•J'?r ) - Mwda i J1 ? ' ff ' n:??C9Q,?' I ? pry > a'd F"°d v e •'?4y? t ..1 a , Cy S#E? .•va .dNGE 2n ?` w }7+1.•r .' y p k 1? B xj e??, ^5, M , 1aC3 ;. 8q .WaQ Nob Wa6 :.ate°! Y 1S ryo T ? Project Study Area s Np6 ° NC 55 Ra n ?„ . s?' ' tt, , m Wake County WO a 1J SDA-t7oCS (1970) Aa: M? ti a 5& w { y? ? ? sc wa6 Was Figure 1:15,840 G a JUN-23-2006 ?FRI 14:12 TEL:9197336893 NAME:DWQ-WETLANDS P. 7 Jun-23-2006 14:30 Prom-DIV 5 919-560-3371 T-009 P.008/016 F-152 T U v c t v ? CL L 0 p ? O C N N a C G - v o L 7 U] C O : N 0. O ? C Q LG. Q `w LU } w o• a D b O W 0 G ID E v 0 0 G W W W a R fi ca e wkn Z,} zJ o Z ? M °i 164 U3 a D P 4 C C L 0 m y r ? v O ? m ?- V L m o E ,f m U O d JUN-23-2006 FRI 14:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 8 Jun-23-2006 14:30 From-DIV 5 Office Use Only: USACE Action 1D No. (If any partict I. Processing 919-560-3371 T-009 P.009/016 F-152 Form Varsioe March 05 DWQ No., item is not applicable to tic project, please enter 20061 020 or "N/A".) 1. Check all of the approval(s) requested for this project: ® Section 404 Permit Riparian or Watershed Buffer Rules [] Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWT' 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: Z 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: 11. Applicant Information 1, Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: 919 560-6851 Fax Number: (919) 560-3371 E-mail Address: Wance adot state nc us -- 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 JUN-23-2006 FRI 14:13 TEL:9197336893 NAME: M-WETLANDS P. 9 Jun-23-2006 14:30 From-DIV 5 1H. Project Information 919-560-3371 T-009 P.010/016 F-152 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed emer enc re air of a structure cone in an unnamed tributa to Black Creek on NC 55 in Wake Coon. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Fuauay-Varina Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Five Points Just East of Fuquav-Varina, take NC 55 South far W2roximately 1.3 miles. Project Site is goEgoximately 1,900 feet South of intersection with SR 2765 Old Hone cuts Road . 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.5777 °N 78.7561 °W 6. Property size (acres): 0.2 acre 7. Name of nearest receiving body of water: UT Black 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at h+ l/h2o enr.state.nc.usladmin/inapsl.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is sturounded b wooded area and develo meet. Page 2 of 8 JUN-23-2006 FRI 14:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 10 Jun-23-2006 14:30 From-DIV 5 919-560-3371 T-009 P.011/016 F-152 10. Describe the overall project in detail, including the type of equipment to be used: So that the failed shoulders can be re aired the NCDDT will reset the last two Joints on the outlet end and =air the stream bank just downstream from the Ripe end. Ri ra armoring will be added to stabilize the stream banks and shoulder fill section above the pipe ends. The NCDOT will also dewater the work zone Burin construction. Equipment ma include excavator backhoe bulldozer der and crane. 11. Explain the purpose of the proposed work: Heavy rains associated with Tropical Storm Alberto on June 14, 2006 caused flooding in the area of this cross tine resulting in a disconnected pi Re and failed shoulders at both the inlet and outlet of this pipe, 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, D'W'Q 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. NIA 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. N/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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing; or description, please attach a separate sheet. Provide a written description of the proposed impacts: No surface water fill will result from resettin the Joints. flawever dewaterin 36 feet of stream is necessary to make re airs to this site. Once the i e ends are set the NCDOT will repair the existing roadwa shoulders by back fillip tg_he sloes and_arrnoring the pipe ends and stream banks with _rip ran Stone material that washed into the stream channel b the storm will be removed. Page 3 of S JUN-23-2006 FRI 14:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 11 Jun-23-2006 14:30 From-DIV 5 919-560-3371 T-009 P-012/016 F-152 Individually list wetland impacts. Types of impacts 1 include, but are not limited to . mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, s aratel list impacts due to both structure and floodin . Located within Distance to Area of Wetland impact Type of Wetland 100-year Neare9t Impact Site Number Type of Impact (e.g., forested, marsh, Flaaaplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (ye no linear feet N/A N/A NIA N/A N/A NrA Total Wetland Impact (acres) NIA 2. List the total acreage (estimated) of all existing wetlands on the property: N/A 3. 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, ditebing/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream'Impact Perennial or Average Seam Width e of Impact e T N Impact Area of Length Impact yp am Number Stream Intermittent? Before Tract linear feet acres) ndicate on ma site I uT Black Greek Fill (piped length) Intermittent 1.0 NONE NONE Rip rap armoring 36 0.0009 along stream bank' 'temporary 36 0.0008 dewatering concurrent Total Stream Impact (by length and acreage) 36 0,0008 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic 4 . Ocean and any other water of the U.S.). Open water impacts include, but are not limited to sit ._.....?ti.,., Ar,-Aa a flnndina_ drainage-bulkheads, etc. :n Water Impact site Number idicate on map) NIA 5. List tl Type of Waterbody Area of Name Wat Type of Impact (lake, pond, estuary, sound, bay, Impact (if applicable) ) ocean, etc. acres Total Open Water impact (acreu) N/A _„ ¦t? . - F?S.a T r e rAO„t tin[r f6-^m the nrni&r IG 1iLL111LL[LLLI Y,i luau ya.a av - -- --- - - Stream Im act (acres): 0.0008 Wetland Im suet {acres): NONE Im act (acres): O en Water NONE Total Ln act to Waters of the U.S. (acres 0.0008 Total Stream Impact (linear feet): 36 Page 4 of 8 JUN-23-2006 FRI 14:14 TEL:9197336893 NAME:DWQ-WETLANDS P. 12 Jun-23-2006 14:31 From-DIV 5 919-560-3371 T-009 P.013/016 F-152 V11. 6. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. N/A 7. 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:_ NIA ___ Expected pond surface area: N/A Impact justification (Avoidance and Minimbatiion) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Mana ement Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of fill necessar to com lete the ro'eet will be laced in waters of the United States. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one arse of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - 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 Page 5 of 8 JUN-23-2006 FRI 14:14 TEL:9197336893 NAME: M-WETLANDS P. 13 Jun-23-2006 14:31 From-DIV 5 919-560-3371 T-009 P.014/016 F-152 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 httta://h2o enr state nc us/ncwetl4gds/strtn do a 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 deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. All com nsato miti ation re ttirements will be left to the discretion of the re lato review a encies. 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://h'-)o.enr.state,nc.us/w/index- htm_ If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear fect): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A --- Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 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 (NirPA/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. Yes0 No0 Page b of 8 JUN-23-2006 FRI 14:14 TEL:9197336893 NAME:DWQ-WETLANDS P. 14 Jun-23-2006 14:31 From-DIV 5 X. X1. 919-560-3371 T-009 P-015/016 F-152 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 ? 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 ? Yes 0 No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Site 1 Zone* Impact (square feet Multiplier Required mitigation 1 2,238 3 (2 for Catawba) NIA 2 1,524 1.5 N/A Total 1.762 N/A * Zone I extends oat 3 ffeet perpendicular from the top of the near bank of channel; Zonc 2 extends an additional 2(] feet from the edge of Zone I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or.0260. N/A Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss storniwater 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. No additional impervious surface is prP onosed with this maintenance i e r lacement o'ect. Erosion and sediment control devices at this site are com riled of teal or dewaterin and ri ra arrrlorin of new structure ends. Page 7 of 8 JUN-23-2006 FRI 14:15 TEL:9197336893 NAME:DWQ-WETLANDS P. 15 Jun-23-2006 14:31 From-DIV 5 X. X1. 919-560-3371 T-009 P.015/016 F-152 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 ? 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 trap, 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 rCAC 02B.0243 (Catawba) ISA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify ? Yes 0 No 0 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Site 1 Zone* Impact (square feeE Multiplier Required mitigation 1 2,238 3 (2 for Catawba) NIA 2 1,524 1.5 N/A Total 3,762 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of ohannel; Zone 2 extends an additional 20 feet from the edge of Zone L 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. NIA 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. No additional impervious surface is_Woposed with this maintenance i e r lacement o'ect. Erosion and sediment control devices at this site are com rised of tem or dewaterin and ri ra armorin of new structure ends. Page 7 of S JUN-23-2006 FRI 14:15 TEL:9197336893 NAME:DWQ-WETLANDS P. 15 Jun-23-2006 14:31 From-DIV 5 Xli. Sewage Disposal (required by D'WQ) 919-560-3371 T-009 P-016/016 F-152 Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This ro .t will not enerate wastewater. XIII. 'V'iolations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes L{ No Is this an after-the-fact permit application? Yes ? No 0 )LTV. 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 bAp,/,lh2o.eny.state..nc.us/newett ands. If no, please provide a short narrative description: This maintenance ro'ect will not result in additional development. XV. Other Circumstances (OptiQuAl): 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). 6 Applicant/Ageurs Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 JUN-23-2086 FRI 14:15 TEL:9197336893 NAME:DWQ-WETLANDS P. 16 Jun-23-2006 14:27 Fron-OIV 5 919-560-3371 T-009 P.001/016 F-152 NCDOT - DIVISION FIVE FAX ,a: ?d Qz2? Date: Number of pages including cover sheet- f I? From: NCDOT - DIVISION 5 2612 N. DUKE STREET DURHAM, NC 27704 Phone: Fax lone: CC: Phone: 919-560-6851 Fax phone: 919-560-3371 REMARKS: ff Urgent ? For your review ? Reply ASAP ? Please comment e^kr,? r?a,y off' R/c 55 ?u?G JUN-23-2086 FRI 14:10 TEL:9197336893 NAME:DWO-WETLANDS P. 1