HomeMy WebLinkAbout20050545 Ver 1_Complete File_20050422VVA
Q? QG
Michael F. Easley, Governor
qA William G. Ross Jr., Secretary
lina Department of Environment and Natural Resources
O
Alan W. Klimek, P.E. Director
Division of Water Quality
reRy April 22, 2005
Doti Polk County
DWQ Project No. 050545
Bridge Nos. 138 and 139 NCSR 1155
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr.. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for temporary impacts of 220
linear feet of Brights Creek (temporary impacts of 140 linear feet for removal of the existing bridge end bents and 80
linear feet of impact for two temporary bridges) in order to construct two (2) new bridges (Nos. 138 and 139) on NCSR
1155 in Polk County. The project must be constructed in accordance with the application dated March 16, 2005 (received
March 31, 2005), including the environmental commitments made in the application letter. After reviewing your
application, we have decided that this fill is covered by General Water Quality. Certification Nos. 3399 and 3366,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit No. 13 and General Permit No. 31. In addition,
you must 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 in writing 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 if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211 .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. 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.
One
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
April 22, 2005
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,.
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur..
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the bridges, if possible.
5. Adequate sedimentation and erosion control measures must be maintained on the project site to minimize sediment
transport to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all
bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting
should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting
should be secured in place with staples, stakes or, wherever possible, live stakes and native trees.
6. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. There shall be no bridge
deck drains that discharge directly to surface waters. Mowing of existing vegetated buffers is strongly discouraged,
so that they may be utilized for stormwater diffuse flow.
7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
.(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the new bridge. Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
8. Rock should not be placed in the stream channel in a manner that constricts stream flow or that will impede aquatic
life movement during low flow conditions. Riprap placed for bank stabilization should be limited to the streambank
below the high water mark, and vegetation should be used for stabilization above the high water elevation.
9. Any temporary access roads or detours should be restored back to original ground elevations immediately upon
completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species
should be planted with a spacing of not more than 10 ft. x 10 ft. If possible, when using temporary structures, the area
should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs or other mechanized
equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes soil
disturbance.
10. The dimension, pattern and profile of the stream, above and below the bridge, should not be modified by widening the
stream channel or reducing the stream depth. Any over widened areas at the bridge site should be restored and the
width/depth ratio typical of reaches upstream and downstream of the site should be maintained through the bridge
project.
11. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
12. 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.
13. Excavation in the stream associated with the new bridge construction and old bridge removal should be conducted in
the dry, if possible. Sandbags, cofferdams, flexible pipe or other diversion structures should be used to minimize
excavation in flowing water.
14. If concrete is used during bridge installation (e.g., headwalls), 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.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
Mr. J. B. Setzer, P.E.
;? April 22, 2005
Page Three
16. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate.
vicinity of the bridge construction. Instream dredging has catastrophic effects on aquatic life, and disturbance of the
natural form of the stream channel will likely 'cause downstream erosion problems, possibly affecting other
landowners.
17. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bridge construction. Only clean, sediment-free rock should be used as temporary
fill (causeways). It should be removed without excessive disturbance of the natural stream bottom when construction
is completed.
18. Grading and backfilling should be minimized and tree and shrub growth should be retained where possible to ensure
long-term availability of riparian cover for fish and wildlife. Backfill materials should be obtained from upland sites.
19. Discharge of materials into surface waters from demolition of the old bridge should be avoided as much as possible.
Any material that reaches surface waters should be removed. Waste materials should not be disposed of in the stream
or riparian areas.
20. All work shall be performed during low flow conditions (below bankfull).
21. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the NCDWQ when all work included in the §401 Certification has been completed. The responsible party
shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water
Quality upon completion of the project.. The. NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
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, which 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 telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
r-Alan W. Klimek, P.E.
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
0?a
N C?
50545
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 16, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
Subject: GP 31 Permit Application
Bridge Numbers 138 and 139 on SR 1155 over Brights Creek
Polk County
State Project: WBS #: 140.075023 (DWQ Minor Permit Fee $200.00)
Dear Ms. Pennock,
The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridges
Number 138 and 139 on SR 1155 over Brights Creek (C, Tr), in Polk County. Both structures
were built in the early 1960's and are rated functionally obsolete. This project will be
constructed using NCDOT forces and we would like to begin work immediately following the
trout moratorium.
NCDOT proposes to replace these structures at their existing locations. The new bridges are
designed to minimize impacts by implementing longer spans to increase hydraulic capacity. All
rip rap fills will be kept above the ordinary high water mark. The removal of the existing
structure shall be performed by sawing and/or non-shattering methods such that debris will not
fall into the water. All work will be performed in a dry environment. Sandbag cofferdams will
be used if necessary to ensure a clean, dry area, and to minimize impacts to aquatic habitats and
allow the existing stream gradients to remain as unchanged as physically possible.
I am attaching a PCN application, site plans with proposed erosion control and construction
limits, photos, a marked county map and USGS quad map.
F-Ik! T
Whittier Bridge Maintenance, 178 Henry Bird Rd, Whittier, NC 28789Telephone(828)497-7953 Fax(828)497-6544
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There were no threatened or endangered species listed for the entire Brights
Creek watershed. There are no records listed for the adjacent watersheds, Panther Creek and
Harm Creek. White irisette (Sisyrinchium dicotomum) has been found at higher elevations at the
ridge top of the Panther Creek watershed. However, this project is approximately 2000 feet
lower elevation than the known records of the white irisette. There are no disturbed road cuts
near the bridges and the project is within the Brights Creek riparian area. The habitat at the
bridge sites and the temporary bridges is not characteristic of the white irisette. Impacts from
replacement of these bridges with new spanning structures will be minimal. For these reasons,
there will be "no effect" to threatened and endangered species.
If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines
that further investigations are required, NCDOT will conduct the appropriate site investigations
and obtain compliance from SHPO prior to project construction.
Impacts to Waters of the United States
Brights Creek is at least a 4t' order stream at the bridge sites and is shown on the USGS
topographic map as a perennial stream. The stream channel is composed of gravel, cobble,
boulders and some bedrock. The channel lacks vegetation and sediment deposition is evident on
the bedrock above high water. For these reasons, we believe Brights Creek is under the
jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project in accordance
with our current bridge maintenance standards, it will be necessary to impact waters of the
United States in the Broad River Basin. Specifically, NCDOT is requesting to rebuild Polk
County Bridge No. 138 and 139. Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 West - Existing 35 L.F. (175 sq. ft.)
Existing End Structure
Bent Removal.
Temp. Bridge 20 LF (100 sq. ft.)
Construction
and Removal
Site 2 East - Existing Existing 35 L.F. (175 sq. ft.)
End Bent Structure
Removal.
Temp. Bridge 20 LF (100 sq. ft.)
Construction
and Removal
Total 110 linear feet (Temp)
0 linear feet Perm
Whittier Bridge Maintenance, 178 Henry Bird Rd, Whittier, NC 28789Telephone(828)497-7953 Fax(828)497-6544
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices.
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry (NCWRC) and Mr. Ed
Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 497-7953.
Your early review and consideration will be greatly appreciated.
Sincerely,
?: ?? GtJiLu?-S ??
B.T. Williams, PE
Division 14 Bridge Maintenance Engineer
cc: Mr. John Hennessey, DWQ, DENR Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Ms. Marella Buncick, NCDOT Coordinator, USF&WS, Asheville
Mr. Mike Goodson, Acting Regional Engineer, LQS, DENR, Asheville
Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, NCDOT
Whittier Bridge Maintenance, 178 Henry Bird Rd, Whittier, NC 28789Telephone(828)497-7953 Faa(828)497-6544
+Office Use Only: Form Version May 2002
USACE Action ID No. DWQ N9.5054-5
ku auy yaiuUuiar iLnui 15 not appiicaome to ttus project, please enter "Not 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: GP 31
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP 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: North Carolina Department of Transportation
Mailing Address: 178 Henrv Bird Rd
Whittier NC 28789
Attn. Ben Williams Division Bridge Engineer
't'elephone Number: (828) 497-7953 Fax Number: (828) 497-6095
E-mail Address:_ btwilliamsna,dot.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: NA
Company Affiliation: NA
Mailing Address: NA
Telephone Number: NA Fax Number: NA
E-mail Address: NA
Page 1 of 9
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: Bridges 138 and 139 over Brights Creek on SR 1155 in Polk County
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS # 14C.075023
3. Property Identification Number (Tax PIN): NA
4. Location
County: Polk Nearest Town: Columbus
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From Columbus. NC follow NC
108 East for approx. 3.4 miles to the junction with SR 1138 in Mill Springs Turn left and
follow for 4.7 miles to SR 1155 on the left. Turn left and follow for Wgrox 1.2 miles to
Bridge # 138. Continue for 1/8 mile to Bridge 139
5. Site coordinates, if available (UTM or Lat/Long): See Attached Sheet
(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): NA
7. Nearest body of water (stream/river/sound/ocean/lake): Brights Creek (DWO Class C• Tr)
8. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.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: Rural residential with surrounding forest and agriculture
land
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
To replace two bridges that are functionally obsolete 138 and 139 are located along the same
SR 1155, both over Brights creek in relatively close proximity to each other. Both bridges are
single span structures. The span lengths are being increased on both bridges to allow better
hydraulics and reduce impacts. Both sites will require the construction of temporary bridges
to detour traffic while under construction. Mechanical construction techniques will be used
employing equipment such as excavators cranes hand tools dump trucks etc
11. Explain the purpose of the proposed work: Replace Polk County Bridges 138 and 139 to
bring bridges to current standards
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.
NA
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
Page 3 of 9
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.
1. Provide a written description of the proposed impacts: Impacts will include removing
the existing structure and building temporary bridges at both sites to detour traffic All riprap
will be kept above the high water mark
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet
Type of Wetland***
NA NA NA NA NA NA
--I,
* L't s e
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 htip://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: NA
Total area of wetland impact proposed: NA
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?
leases eci
fy)
Temp Impacts:
Structure
removal (End '
bents - 35 LF
I per bent 110 LF Brights Creek 15' P
Temporary
bridge ( 20 LF
per bent)
Page 4 of 9
Temp Impacts:
Structure
removal (End
2 bents - 35 LF
per bent 110 LF Brights Creek 15' P
Temporary
bridge ( 20 LF
per bent)
* 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.tonozone.com,
www.mgpquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Temporary Impacts:
110 linear feet for removal of existing end bents and construction / removal of temporary
detour bridges at each site. New structures will completely span the stream No new
permanent impacts.
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 map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA NA NA NA NA
-100 ca?i, MIFaUL bcpaiakay and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
Page 5 of 9
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.
The existing structure will be removed by sawing and/or non-shattering methods such that
debris will not fall into the water.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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
Page 6 of 9
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
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 to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): No new permanent impacts
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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 ® 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 (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
Page 7 of 9
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
- Gone i extends out 3u teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
There are no bridge deck drains to discharge over surface waters All bridge and roadway
drainage must pass through a vegetative buffer before entering the stream
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.
NA
Page 8 of 9
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).
L? )AjW7: ,3j?jN/ Ah"4 rN s PE 311 to /o,-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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