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HomeMy WebLinkAbout20050107 Ver 1_Complete File_20050421A ffl:5WA NCDENR North Carolina Department of Environment and Michael F. Easley, Governor Natural Reso AN 9A? Cho William G. Ross J'fl?ecretary Alan W. Klimek, P.E., ctor Coleen H. Sullins, Deputy Di ector Division of Water Quality April 8, 2005 DWQ Project 050107 Culvert replacement, SR 1461 Moore County DOT State Project #813.206311 APPROVAL of 401 Water Quality Certification Mr. Timothy Johnson, P.E., Division Engineer NCDOT/Division 8 P.O. Box 1067 Aberdeen, North Carolina 28315 Dear Mr. Johnson: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 20 linear feet of perennial stream for the purpose of upgrading existing culverts on SR 1461 in Moore County. The specifically approved impacts are identified in the project application and are as follows: Location Length and Type of Impact Crossing #1 20' - Replace two 72"x 50 ft. CMP w/two 63"x 87" x 70 ft. CMP This project shall be constructed in accordance with your application dated January 20, 2005, (received January 24, 2005). After reviewing your application and supporting information provided by Art King, Div. 8 DEO dated March 23, 2005, we have decided that this fill is covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 issued by the U.S. Army 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, unless otherwise specified in the Water Quality Certification. 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 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 One Phone: 910-486-1541 \ FAX: 910-486-0707 \ Internet: ww.enr.state.nc.us/ENR/ NorthCarrolliina An Equal Opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper Natmeallff Mr. Timothy Johnson, P.E. April 8, 2005 Page 2 the future) exceed one acre, or if 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. 1) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. Also, we ask that you advise Mr. Ken Averitte of the Fayetteville Regional Office when this work is completed. 2) NCDOT shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law 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 to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 211.0503 and provide opportunity for public hearing in accordance with 15A NCAC 211.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the US Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 910-486-1541, ext. 722. Sincerely, Alan Klimek, P.E. AWK/KA/ka Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office FRO Rob Ridings, Wetlands Unit Central Files FRO, Land Quality Section Moore.sr1461.doc I o v p, "?" " °°• o STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPrETT GOVERNOR SECRETARY March 23, 2005 Ms. Belinda S. Henson Acting Regional Supervisor DWQ Surface Water Protection Section Fayetteville, NC Dear Ms. Henson: The following information is being submitted to you in response to your letters dated March 7, 2005. In this response to your letter, I will make an effort to address the concerns you have raised about our PCN applications for the following Highway Division 8 Secondary Road projects. 07 SR-1461 Moore County SR-1261\ Moore County D SR-1521 Moore County SR-1415 S% County SR-1337 Scotland County I have spoken with both Ken Averitte, of the DWQ, Fayetteville Regional Office, and with Richard Spencer of US Army Corps of Engineers, (USACOE) Wilmington Office, concerning the issues in your letters. As a result of our conversations, we have agreed to revise the way we report impacts on our PCN applications. For example, in the applications for the projects listed above, the stream impacts were listed as the total length of the newly installed pipe, rather than the net (new length greater than the existing) length of pipe impacts. The PCN applications for these projects were done in a fashion that had been approved of by both the DWQ and USCOE staff, who were responsible for reviewing our PCN applications. In all future applications permanent impacts will be listed as net impacts. The Net impacts will be calculated by subtracting the existing (old) pipe length from the newly installed pipe length. Another concern you have raised is the listing of temporary impacts, and the connection to our use of rip rap. The temporary impact reporting and the listing of rip rap in this manner was in response to a request made by DWQ staff. The temporary impacts listed on our PCN applications are normally within the existing DOT right of way, and directly related to the construction of the project. These areas would typically include slope disturbance by installation of erosion controls, dewatering activity, or areas of equipment access. When the projects are completed the temporarily impacted areas are restored to their original contour. Once grading is completed, we stabilized the restored area by applying rip rap, or by mulching and re-seeding, depending on the slope or the need for armoring. Our usual practice is to allow at least 20ft of temporary impact at each end of the pipe for these purposes. The listing of rip rap on page 8 of the PCN was per a request made by the DWQ Wetland office in Raleigh. To my understanding this request was made in order to track the use of rip rap on our projects. The rip rap used on Division 8 projects is typically installed for slope stabilization only, and is normally installed above the plane of ordinary high water. The USACOE does not require us to list rip rap that is installed above the plane of ordinary high water as an impact. In the future rip rap usage will not be listed on page 8 of our PCN applications along with other site impacts. The use of rip rap (if any), will be addressed in the cover letter as a component of the project, and will be depicted on the plan drawings as needed. P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315 PHONE (910) 944-2344 FAY (910) 944-5623 You had also expressed concerns about the two projects in Moore County on SR-1261 and SR- 1521. First, on SR-1261 you had a concern related to the issue of the existing perched pipe. Our Bridge Maintenance Department had inspected this site prior to the submission of the PCN. They had concluded that the combination of an oversized pipe and lowering the buried invert at the inlet would allow us to lower the outlet end to the pool level, while reducing the slope through the pipe. We feel that taking these steps should reduce or eliminate the perched condition on the outlet end of the pipe. The engineers have also determined that the streambed has scoured to rock at the inlet of the pipe. If the rock is consolidated it may make it difficult to bury the invert as deeply as we would like. If this is the case we will set the pipe as deep as possible, and reduce the slope of the pipe as much as we can. The rocky bottom of the streambed itself should act as a grade control against the possibility of a head cut. However, if during construction it is determined that additional structures are needed to prevent a head cut, we are prepared to install a series of notched logs at the invert of the inlet of the pipe, to act as a grade control. To our understanding, logs as grade controls, do not constitute a fill under sec. 404 of the Clean Water Act, and do not require a permit for their use in non-navigable waters of the US. It is possible that we will not be able to completely level this pipe due to the bedrock at the site, but we should be able to correct the perched condition and reduce the slope through the pipe to an acceptable level, and maintain downstream stability. • On SR-1261 our engineers believe that the road can be constructed without the use of an offsite detour. They have suggested installing one half of the replacement pipe during phase one of the construction, replacing the fill and moving to the other half inphase two. Proceeding in this manner will keep one travel lane open at all times. An alternative plan would involve the complete removal of the fill at the pipe section and the use of a temporary bridge span on the existing alignment. The engineers would like to wait until they have determined the quality of the material in the existing fill area before they decide on which alternative they will use. In either case, access to the local residents will be maintained, with no additional impacts or permit modifications needed. I am also including a revised drawing of the proposed pump around as requested by Mr. Averitte. The revision shows the energy deception pad at the end of the discharge pipe outside of the stream channel. This drawing will be typical for all pump around activity for secondary road projects within Division 8. If you require additional information in this matter, please contact me at 910-944-2344 Sincerely, C? 9 Art C. King Division Environmental Officer NCDOT Highway Division 8 CC: Tim Johnson PE, Highway Div. 8 Ken Averitte, NCDWQ Fayetteville Regional Office Richard K. Spencer, USACOE Wilmington Office Rob Ridings, 401 Wetland Unit Central Files P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315 PHONE (910) 944-2344 FAX (910) 944-5623 A B N? STFr L sHEtTit4G O , ?1 1 PR ECAS'r C ONC RETc I i BARRIER RAIL cR S-T -SL SNEETIN(, 1 A 0 0 1 T ti? TEE - )NSTALL HIV SRT 5 ORSAIA FL aw I BI PVMPlf4G WAT" ARou"D AREA. =• 'Iv?f? l,l dir.-`iiti_0 ?..:_ T0 ;:_1 D?D107 NC ENR moo North Carolina Department of Environment and Natural Reso ?A9, s Michael F. Easley, Governor March 7, 2005 Mr. Timothy Johnson, P.E., Division Engineer NCDOT/Division 8 P.O. Box 1067 Aberdeen, North Carolina 28315 Subject: Permit Applications for Culvert Replacements DOT Project #813.206311 SR 1461, SR 1261, and SR 1521 Moore County Dear Mr. Johnson: William G. Ro" , Secretd: ; Alan W. Klimek, ., DirectO Coleen H. Sullins, Deputy Director Division of Water Quality The Division of Water Quality has reviewed the applications for all three of the subject projects and conducted a visit to each site. Based on these reviews and findings in the field, we have concluded that the applications are lacking specific information required for making an informed permit decision. These deficiencies are as follows: SR 1461 - On page 8 of the application, 70 feet of stream impacts are indicated. The cover letter indicates that two 50 ft. culverts will be replaced with two 70 ft. culverts. We recognize that the permanent impacts are actually 70 feet, but the new impacts to be permitted are only 20 feet. Also, please explain the 40 feet of temporary rip rap. It is our understanding that the Corps of Engineers may have issues with any in-stream use of rip rap, permanent or temporary. Is this for bank stabilization or energy dissipation? SR 1261 - The existing pipe culvert is perched on the downstream end. According to the application, a 72" pipe will be replaced with a 137"x 87" arch pipe. While the increased pipe diameter may aid in resolving the perched pipe situation, we have concerns that it may result in a head cut on the upstream end. Please explain the measures you intend to implement to prevent such a head cut. The application also indicates 40 feet of temporary rip rap. Please explain this rip rap as well. The table on Page 8 should also be amended to reflect only the new stream impacts of 15 feet. • SR 1521 - The primary question with this project is a concern over the stated intent to use off site detours during construction. This is a fairly narrow dead end road. We could find no off site 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 One Phone: 910-486-1541 \ FAX: 910-486-0707 \ Internet: ww.enr.state.nc.us/ENR/ NorthCaroliina An Equal Opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper Nattzrally Mr ,pmothy Johnson, P.E. Mh 7, 2005 I? 2 detour's: Unless DOT intends to develop such a detour, this may require amendment of the X app ication to permit use of a temporary crossing. Please explain any traffic alternatives. Also, the tale of impacts on page 8 of the application should be revised to reflect only the new stream impacts of 25 feet, as well as an explanation of the 40 feet of "dewatering" impacts. Pursuant to 15A NCAC 2H .0507(a)(5), we are placing all three permit applications on hold until we are supplied the requested information. Furthermore, by copy of this letter, we are requesting that the US Army Corps of Engineers review this matter for compliance with Corps requirements. Hopefully we will be able to work together to reach a quick resolution to these questions and expedite processing of these permit applications. If you have questions concerning these matters, please contact Mr. Ken Averitte (910) 486-1541, ext. 722. Sincerely, Z, (". ;Jok? 4 1 tvx-'?'C- Belinda S. Henson Acting Regional Supervisor Surface Water Protection Section cc: Richard Spencer, Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office FRO Rob Ridings, Wetlands Unit Central Files FRO, Land Quality Section Moore.hold.doc Office Use Only: 05 1-0 . 7 Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: JAN 2 4 2005 ® Section 404 Permit WENDS - AND ATR QUAL lY F1 Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: Timothy Johnson, P.E., Division Engineer North Carolina Department of Transportation, Division 8 P.O. Box 1067 Aberdeen North Carolina 28315 Telephone Number: (910)944-2344 Fax Number: (910) 944-5623 E-mail Address: TJohnson@dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: T. F. Welch PE Company Affiliation: NC Department of Transportation Mailing Address: PO Box 289 Siler City, NC 27344 Telephone Number: (919) 742-5649 Fax Number: (919) 663-0214 E-mail Address: twelch@dot.state.nc.us PA YWENT -5- RECEIVED 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 1461 Moore County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 8B.206311 3. Property Identification Number (Tax PIN): N/A 4. Location County : Moore Nearest Town: Robbins Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Robbins follow NC 705 North for approx. 3 miles, turn right onto SR 1456 and go approx. 3 miles and turn right onto SR 1461. Site is approx. 0.1 miles. 5. Site coordinates, if available (UTM or Lat/Long): N 35* 30.18' W 79* 34.74' (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. Describe the existing land use or condition of the site at the time of this application: Rural 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Deep River 9. River Basin: Cape Fear _ (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/maps0/.) -6- 10. Describe the purpose of the proposed work: Replace existing 2 lines of 72"x 50' CMP with 2 lines of 87"x 63"x 70' CMP. 11. List the type of equipment to be used to construct the project: Excavator 12. Describe the land use in the vicinity of this project: Rural/Residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: 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. 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 -7- mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts 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*** None * 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 htty://w-ww.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.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams 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? leases eci ) Perm pipe 70 ft UT into Deep River 21 ft Perennial Temp/rip rap 40ft * 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.usus.eov. Several internet 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: 11Oft -8- 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. 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, cean, etc.) None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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 0 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.): 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. N/A 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. -9- 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.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at htta://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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): -10- IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (fedeml/state/local) land? Yes ® 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 ? 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 (DWQ Only) 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 3U leet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. -11- 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 (DWQ Only) 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. Neither the current impervious cover (asphalt pavement) nor the new proposed impervious cover (asphalt pavement) will exceed 30% of the total site area. Erosion control devices appropriate to the site will be utilized on this project which may include silt fences, check dams, and storm water retaining basins. XII. Sewage Disposal (DWQ Only) Clearly detail the- ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) 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. 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P UT %^+C) De.e> R,per PR E c j -\$,T '- ST C-oNCRETE BARRIER RA1y oR j S'-f EEL 5H RE? 1 N?j ,,, ? ? ? i ? i I i I L Q I i I Ifi 4 I I eRF.CAS-1f' c°NCRCTE j BARRIER RANI„ o{Z i `?rTERL SXEETItiG ? e p ? P- RAP ?. INSTALL. T E•MPORA -j BORMS SY i 'll1v1=RT 5-?-REAM F?,dw Pv+-,P1NC, ?,.,Ar?f2 1?RovNfl W!RK4 AREA, ,q TAii'E A to 70 SILT BAS. ?N TAIL PIPES AWD M'XFiLL. `?• ;U-MOVE TEMPORARY DIVERSION OCVICrS. SR 1? 61 f'1ooR? Co, Q Q 539" cyne UT i n?"p ? PQ,p R: v e r ----------- 1 tia STAIpo MICHAEL F. EAsLEY GOVERNOR ()501--07 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS January 20, 2005 Rob Ridings NCDWQ 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Nationwide Permit #14 SR-1461 Moore County Project # 8B.206311(DWQ Permit Fee $200) Mr. Ridings: LYNDO TIPPETT SECRETARY is A Nt The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide Permit Number 14 for project 8B.206311 on SR 1461 (George P Rd.) in Moore County. The proposed project will replace an existing deficient crossing pipe as follows: Site 1- Replace existing 2 lines of 72" x 50' CUP with 2 lines of 63"x 87"x 70' CMP. The total percentage of impervious surface within the project area will remain at less than 30%. This project is within an area of High Quality Waters. All erosion control devices will be appropriate to the location and in compliance with the current version of the NCDOT Best Management Practices manual. The project is within the Critical Habitat area for the Cape Fear Shiner. However, there is an earthen dam and private pond located at the outlet end of the existing pipe (photo included). On 1-19-04 I consulted with Gary Jordan of the US Fish & Wildlife Service by phone concerning this location. In his opinion the location of the dam structure and the pond has, in effect, created a barrier between the habitat of the Deep River and this Unnamed Tributary. He has suggested that due to the presence of the dam, there would be a finding of "No Effect" at this location and a survey for the presence of the Cape Fear Shiner and its habitat would not be necessary. There will be no Wetland impacts associated with this project. This project is located on an unnamed tributary of the Deep River, a class C; HQW stream within the Cape Fear River basin. If dewatering is required at this site, it will be done with the use of a movable device (sheet metal piles or concrete barriers). Construction will be done under dry conditions whenever possible. There.were no threatened or endangered species observed within the project area during the required minimum criteria check. Detours for this project will be done off site using local state roads. If you require any additional information, please contact me. Artly, C. King Division Enviromnen Officer Highway Division 8 PAY14Et V cc: Tim Johnson, PE n' T Tim Welch, PE RECEIVED P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315 PHONE (910) 944-2344 FAX (910) 944-5623