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HomeMy WebLinkAbout20050233 Ver 1_Complete File_20050211wAr?Rpc v -c February 11, 2005 Warren County DWQ Project No. 050233 APPROVAL of 401 Water Quality Certification and TAR-PAMLICO RIVER RIPARIAN BUFFER AUTHORIZATION Mr. Jon G. Nance, P.E. Division Engineer NCDOT, Division 5 2612 N. 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 secondary road improvements to SR 1159 (Dortch Road) from SR 1112 to end of state maintenance in Warren County. Impact Locations Stream Impacts (Linear Feet) Riparian Buffer Impacts (Square Feet) Site 1 20 2,324 (1,409 Zone 1 + 915 Zone 2) The project shall be constructed in accordance with your application dated received February 7, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). 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 the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 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. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Nose Carolina Transportation Permitting Unit Nturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) 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. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) 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. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Pursuant to NCACI5A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico 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. 12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 13.) Placement of culverts and other structures in waters, streams, and wetlands must 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 stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 15.) 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 culverts. 16.) All work shall be performed during low or normal flow conditions. 17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 18.) 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. 19.) For 10 linear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with native vegetation. 20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Nicole Thomson at 919-715-3415. S* Y, /'Alan W. Klimek, P.E. JEH/njt Attachment cc: Wilmington District, US Army Corps of Engineers Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 NC DWQ Raleigh Regional Office Central Files File Copy cACorrespondence\2005 SR Projects\DWQ050233\020905wgc.doc .w STATE ° . ..:.2. p5-0233 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR February 3, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator LYNDO TIPPETT SECRETARY Q?@f2odP= p FLH 7 - i005 DENR - WATEF :;?.+AL<TY MMMDS AND SiC K N iER BRANCH Subject: Secondary road improvements to SR 1159 (Dortch Road) from SR 1112 to end of state maintenance in Warren County. WBS element 5C.093028. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1159 (Dortch Road) from SR 1112 to end of state maintenance in Warren County (Figure 1). Total project length is 0.26 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. SR 1159 is scheduled to be paved in the 2004-2005 Secondary Roads Construction Program. PAYMENT Impacts to Waters of the United States RECEIVED Site 1 - Waters of US Construction at this site will impact an unnamed perennial tributary to Rocky Creek (NCDENR-DWQ Index No. 28-79-3, Best Usage Classification C NSW; HUC 03020102) (Figure 2) in the Tar-Pamlico River Basin. The existing structure that conveys the creek is a 36-inch reinforced concrete pipe that is 48 feet long (see Photographs 1 and 2). This pipe will not be replaced. However, the last 4 ft joint will be reset. Permanent impacts at the site associated with repairing this pipe and minimal amounts of rip rap to protect the newly placed joint include 10 linear feet existing channel impacted. Please note that this impact is from bank armoring only. There will be no new surface water fill associated with this activity. The Site 1 work zone will be temporarily dewatered for approximately 3 days. This Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 will involve the temporary placement of impervious dikes in the creek at the upstream and downstream limits of construction. Either sand bags or sheet piling will be used as an impervious dl-W:::; nce the stream has been dewatered, the joint will be reset. To maintain water flow during construction, water upstream of the impervious dike will be temporarily pumped out and conveyed around downstream of the impervious dike. Temporary concurrent impacts to the stream from this activity will result in dewatering 10 linear feet of stream. All materials used for the impervious dikes will be removed after construction. Riparian Buffer Impacts Site 1 - Buffers The construction at this site involves a road crossing of a stream that is subject to the Tar-Pamlico Riparian Buffer Rule. The unnamed perennial tributary to Rocky Creek at Site 1 is depicted on the most recent version of the Warrenton (1970) topographic quadrangle (Figure 1). The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. Specifically, temporary silt basins temporary rock silt checks rock pie inlet sediment traps and temporary silt fences will be used. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note in Zone 2 (totaling 10 linear feet of riparian buffer impacts outside the Existing Transportation Facility). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Waters of the U.S./Riparian Buffer 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. Compensato Miti ation: No stream loss will result from resetting the last joint of the existing pipe. Therefore, no compensatory mitigation is proposed. 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. As of January 29, 2003, there are three federally protected species listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon), Tar spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii). The UT to Rocky Creek at this site is perennial but it is within the headwaters of this drainage area and 3 does not provide suitable habitat for mussel fauna. Dortch Road is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. Therefore, based on the lack of suitable habitat observed during the 06/22/04 and 11/29/04 site visit, biological conclusions of No Effect have been rendered for each species. Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. Summary NCDOT proposes to upgrade and pave SR 1159 (Dortch Road) in Warren County. No stream loss is proposed and therefore no compensatory mitigation is proposed for this project. Impacts to the riparian buffers within the Tar-Pamlico River Basin are proposed. However, 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) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC No. 3366 for above-described activities. An automated payment procedure has recently been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This new procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element 5C.093028. 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, jn?G. Nance, P.E. Division Engineer cc: Ms. Nicole Thomson, NCDWQ Mr. Clarence Thompson Mr. Steve Winstead, NCDOT Ms. Katie Simmons Photograph 2. View downstream of outlet at Site 1. SR 1159 (Dortch Road) - Warren County Photograph 1. View of outlet at Site 1. , el , 3 . f 1 1 ? ... 9J 1 i \ OA Sr n _ ti a 1? D h EA(3 t -i N wph.ywj l h G? f Ridgeway 1 SITE t t. Begin Project' End Pr oject , , a `J l1? 1 ?,,., ,•,i 1. f - . ?. - ? - __ ? l s e l 4 dry r? / ... - ' 1 ` • i , w } f { I T U 0 LL. C In O N - U + > O O a o p O _ L 00 L L C L L O ? U O C C 0- O o- + U) O In O L X L W W N LL- 0 W Z _ Zone 2 -Lone , m Y N / i o O L C L L m m n } E O 3 ,F m O a 4- 0 '0,,e , C - CD 4 E m U O d 20n m o N CL } O 0 4- L O a ?o i I I { 1 ? 1 I m ?_ I I ? 3 I I L T , I ? o I IF } ?, i O I I - 0 L I I I i II ?I j II II II II I? II II II II II II II I II 11 it II II ? II II II ??i?-? II U II I } I i ?I o II I o I / t m n n } } O U O m n v E rq o + C m C O m Y y 0 0 > c L L m m C. 4- o E 3 o +- L C O m 4- E m U O CL o? C N ? U o Q ? L ?3 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No 051023,3 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Pen-nit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance, P.E. Mailing Address: 2612 N Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance rr 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.) Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 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: Proposal to reset last 4 ft joint of an existing pipe conveying unnamed tributary to Rocky Creek in association with upgrading and paving SR 1159 (Dortch Road) in Warren County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work Order Number 3. Property Identification Number (Tax PIN): N/A 4. Location County: Warren Nearest Town Norlina Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Norlina take US 1 South towards Middleburg. At Ridgeway make a_left onto SR 1112 (Axtell Road) then take the first avel left onto SR 1159 (Dortch Road). 5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.4298°N. 78.2363°W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 1.9 acre (Project is 0.26 mi long) 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Rocky Creek 8. River Basin: Tar Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded bagriculture land and residences. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Grade, drain, pave, and erosion control at SR 1159 (Dortch Rd). The NCDOT will also dewater the work zone during construction at the pipe repair site. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The project is part of the secondary road paving program. The existing gravel roadway will be paved with asphalt. 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. None that are known for NCDOT activities. 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts The project proposes to rest the last 4 ft joint of the existing structure Site 1. The NCDOT will also dewater the work zone during construction. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (es/no) (linear feet) N/A Page 3 of 8 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/%www.fcma.cov. *** 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: NONE Total area of wetland impact proposed: NONE 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number Type of Impact* Length of Impact Stream Name** Average Width of Stream Perennial or Intermittent? (Indicate on map) (linear feet) Before Impact_ (please lease specify) Reset 4 ft joint (SW fill) 0 ft Rip rap along 1 streambank for loft Rocky Creek 2.0 ft Perennial stabilization only Temporary Dewatering 10 ft (concurrent) List each impact separateiy and identity 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.usas.gov. 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: Site 1: 10 feet existing channel impacted (concurrent 10 feet temp impact from dewatering) 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) (if Name applicable) Wateplicablee) ) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation 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 Page 4 of 8 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Management Practices for the protection of surface waters will be enforced during construction. Only the smallest amount of fill necessary to complete the project will be placed in waters of the United States or protected riparian buffers. 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 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/stnngide.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, Page 5 of 8 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, there will be no stream loss with this proposed activity 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wtp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 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: Page 6 of 8 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 Multiplier Required (square feet Mitigation 1 1409 3 N/A 2 915 1.5 N/A Total 2324 N/A * Zone l extends out 30 feet 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. N/A XIS 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. Existing: 0.57 acre impervious surface (18 foot wide gravel road) of 1.9 acre total project size. Proposed: 0.63 acre impervious surface (proposed 20 foot wide asphalt paved road) of 1.9 acre total project size. The erosion control plan for this project is designed for 900 cubic feet of storage per acre. Erosion and sediment control devices along the project are comprised of temporary silt basins, temporary rock silt checks, rock pipe inlet sediment traps, and temporary silt fences. 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. The project will not generate wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 7 of 8 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). N/A S' Applicant/Agent' ignature Date (Agent's signature is vali my if an authorization letter from the applicant is provided.) Page 8 of 8