HomeMy WebLinkAbout20011049 Ver 1_Complete File_20010711State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
4 o f
Michael F. Easley, Governor
William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
August 1, 2001
Johnston County
DWQ Project No. 011049
APPROVAL for 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse
River Buffer Rules
Mr. James H. Trogdon, P.E. Division Engineer
NCDOT, Division 5
PO Box 3165
Wilson, NC 27893
Dear Mr. Trogdon:
You have our approval, as described in your application dated July 5, 2001 and in accordance with the
attached conditions and those listed below, to place fill material in 0.01 acres of wetlands for the purpose of
replacing Bridge Number 73 on SR 1140 over Stone Creek. The project shall be constructed in accordance
with your application dated July 5, 2001. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3106. This certification corresponds to the
Nationwide Permit Number 18 issued by the Corps of Engineers. This approval is also valid for the Neuse
River buffer rules (15A NCAC 2B .033). 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 when the
accompanying 404 permit expires unless otherwise specified in the General 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). ). This approval shall
expire with the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1.) Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers.
2.) 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.
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor IE A U\"\.
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B .0200 for the discharge of fill material to
navigable waters and adjacent wetland areas tributary to interstate waters or navigable waters of the United
States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18). This certification replaces
Water Quality Certification Number 2669 issued on January 21, 1992 and Water Quality Certification
Number 2733 issued on May 1, 1992. This WQC is rescinded when the Corps of Engineers reauthorize
Nationwide Permit 18 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by this Nationwide Permit require written concurrence from the Division of
Water Quality;
2. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent edition of the "North Carolina Erosion and Sediment Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices) are utilized to prevent violations of the
appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated trout
waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
3. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
natural grade restored after the Division of Land Resources has released the project;
4. If an environmental document is required, this Certification is not valid until a FONSI or ROD is
issued by the State Clearinghouse;
5. This Certification shall not be used in conjunction with the Certification for Nationwide Permit 14 to
create high ground for road access;
6. Deed restrictions must be placed on all remaining wetlands on the parcel after appropriate use of this
and other Certifications. DWQ shall be sent copies of all decd restrictions applied to this parcel. If
this condition is not met, written DWQ approval is needed to utilize this General Certification (and
Nationwide Permit);
Wedands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
r:Q ®°
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the
state until the concrete has hardened;
8. Concurrence from DWQ that this Certification applies to an individual project shall expire three
years from the date of the cover letter from DWQ.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water
Quality.
Effective date: 11 February 1997.
DIVISION OF WATER QUALITY
By
A. Preston Howard, Jr. P.E. Director
WQC # 3106
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor (CID IE H. lu\\1?6
William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, . , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Date
Registration No.
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 5017o rccycled/1017o post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
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, 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 John Hennessy at 919-733-5694, or Steve Mitchell at 919-
571-4700.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
c:\ncdot\SR 1140\wqc\011049wgc.doc
?J
go horpe, D.
ting irector
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
L .SWFo
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ISSUED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR '? •? ® SECRETARY
July 5, 2001
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
ATTENTION: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Johnston County, Replacement of Bridge 973 on SR 1140, at Stone
Creek, Neuse River Basin.
Dear Mr. Alsmeyer:
The North Carolina Department of Transportation (NCDOT) proposes to replace
Bridge 473, on SR 1140 over Stone Creek in Johnston County. The existing 53 feet long
and 19 feet-wide-timber bridge-is-in-very-poor-and-unsafe condition and will be replaced
with -a 90 f e long cored slab bridge approximately 28 feet widThe purpose of this
letter is to provide notification t t?e U.S. Army Corps of Engineers (COE) under
Nationwide Permit 918, Minor Discharges. No temporary dewatering will be required, so
no notification is required for authoriLtion under NWP 933, Temporary Dewatering.
This letter shall also provide- notification to the North Carolina Department of
Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ)
according to concurrence requirements for Water Quality Certification 43106. Less than
40 linear feet of riparian buffer will be permanently impacted by the proposed bridge
replacement, and as a bridge replacement, the subject project is exempt from notification
under the Neuse River Basin Buffer Rules.
Impacts to Waters of the United States
The proposed bridge replacement project will require minimal impacts to waters of
the United States in the Neuse River Basin. The minimum necessary amount of riprap will
be placed adjacent to the streambank in order to stabilize exposed slopes.
Post Office Box 3165, Wilson, North Carolina 27895-3165 ??
Waters of the U.S. Mitigation
Avoidance: All wetlands or 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 or near wetlands or surface waters.
Minimization: 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 waters of the U. S. at these sites.
Compensatory Mitigation: Construction of the project will result in less than 0.1
acres of impacts to waters of the U. S. Impacts have been minimized to the maximum
extent possible during this stabilization project.
Riparian Buffer Impacts
The proposed pipe replacement the project involves a bridge replacement on Stone Creek,
a stream that is subject to the Neuse Riparian Buffer Rule. Permanent construction
impacts are less than 40 linear feet of riparian buffer. Based on the impacts to the riparian
buffer at this site, the crossing is exempt from the Rule.
Dewatering
The NCDOT will not temporarily dewater the work zone in the immediate vicinity
of the proposed project. Sedimentation and erosion control Best Management Practices
for the protection of wetlands and surface waters will be enforced during project
construction.
Regulatory Review
By copy of this letter, the NCDOT requests review by the State Historic Preservation
Office that there is no effect to any National Register or Study-listed properties within the
subject projects Area of Potential Effects.
By copy of this letter, NCDOT requests concurrence from the North Carolina Wildlife
Resource Commission and the U.S. Fish and Wildlife Service (USFWS) representative
that the subject project will have no effect on any listed threatened or endangered plant or
animal species. On 7/3/01, the NCDOT Environmental Officer reviewed the site for the
presence of any listed threatened and endangered species or any suitable habitat for the
same, and found that no suitable habitat was present for any listed freshwater mussels.
Permit Issues
The purpose of this letter is to provide notification under Section 404 Nationwide Permit
(NWP) 18, Minor Discharges, for the replacement of an existing timber bridge with a
cored slab bridge. The proposed project will result in less then 0.1 acres of impacts and
the discharge of less than 25 cubic yards of fill or excavation to waters of the U.S. during
construction. Notification is also hereby provided as required under the Water Quality
Certification 4 3106 (which corresponds to NWP 18) which requires written concurrence
from the NCDWQ. NCDOT will comply with all conditions associated with the
applicable NWP and WQC.
Summary
NCDOT proposes to replace Bridge 473, an existing 53 feet long and 19 feet wide
timber bridge in very poor and unsafe condition with a 90 feet long cored slab bridge
approximately 28 feet wide, on SR 1140 over Stone Creek in Johnston County. The
project is located in the Neuse River Basin, but is exempt from notification under the
Neuse River Basin Buffer Rule. NCDOT requests authorization under NWP 918 and
WQC # 3106 for the proposed bridge replacement and will not require authorization
under NWP#33 for temporary dewatering. The NCDOT will adhere to all applicable
Nationwide Permit and Water Quality Certification conditions. If you have any questions
or need additional information, please contact Ms. Robin M. Little at (252) 237-6164.
Trogdon, III, P.E.
Engineer
Cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. David Cox, NCWRC, Creedmoor
Mr. Garland Pardue, USFWS, Raleigh
Ms. Renee Gledhill-Earley, SHPO-Raleigh
Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer
Mr. Tim Little, P.E., District Engineer
Mr. J.C. Rhodes, Assistant District Engineer
Mr. Don Goins, NCDOT Operations Branch
Office Use Only: Form Version April 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
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
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: E]
H. Applicant Information
1. Owner/Applicant Information
Name: Mr. James H. Trogxdon, 111, P.E., Division Engineer
Mailing Address: North Carolina Department of Transportation /Division 4
P.O. Box 3165
Wi 1 son, NC 27895-3165
Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174
E-mail Address: jtrogdon c,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: Ms. Robin M. Little
Company Affiliation: Division Environmental Officer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
W i 1 son NC 27895-3165
Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174
E-mail Address: rmIittle a,dot.state.nc.us
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailedsite 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-incli 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: Bridge 473, SR 1140
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Johnston Nearest Town: Blackmans Crossroads
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): I-95 South-to-NC 701, approx. 8
miles east to right (south) onto SR 1144, 3.4 miles to left onto SR 1140, Bride #73 approx.
0.75 miles.
Site coordinates, if available (UTM or Lat/Long): UTM 17 734446E 3913947N -
PEACOCKS CROSSROADS quad
(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 distinctwaterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Commercial, residential.
7. Property size (acres): N
8. Nearest body of water (stream/river/sound/ocean/lake): Stone Creek DWQ ID # 27-52-5
C NSW
9. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available atiittn://h2o.eur,state._nc_us/admin/maps'.)
Page 4 of 12
10. Describe the purpose of the proposed work: Bride replacement of existing timber bridge
in poor condition with concrete cored slab bridge in same location and minimal increase in
length and width to comply with current safety design standards.
11. List the type of equipment to be used to construct the project:
Heavy constriction equipment ( back hoe, track hoe excavator, dump trick)
12. Describe the land use in the vicinity of this project: Rural residential/agricultural mix.
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, aloe; with
construction schedules.
NA
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? 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
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplaiu** Nearest Stream Type of Wetlvmd***
(indicate on ma) (acres) (Yes/no) (linear feet)
1 Riprap/fill 0.01 yes 0 PEMS/PFO
* 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
*** List a wetland type that best describes Nvetland to be impacted (e.g., freshwater/salt% aler marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed: 0.01 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please secify)
riprap 0 Stone Creek 30 Perennial
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associatedip-rap,
daps (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/straiglitcning-, 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.rov. Several internet sites also allow direct doN reload and printing of USGS maps (e.g., w%vN to 1gtle_cotn
w??w.m: tulucst.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site_0
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 Watcrbody
(if applicable) Type of Watcrbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* 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
Page 6 of 12
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts are minimized by replacement of existing bridge with a bridge. All wetlands or
surface waters not affected by the project will be protected from unnecessary encroachment. No
staging of construction equipment will be allowed in or near wetlands or waters of the U.S. Strict
enforcement of sedimentation and erosion control Best Management Practices for the protection
of wetlands and surface waters will be enforced during project construction.
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
Page 7 of 12
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
ht1p:Hl12o.enr. state. ncus/ncwetlands/strinejde. htm l
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.
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 hIIyl/10o.ei1r.statc.tic. us'wri7iindex.Iitm. 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):
M Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/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
Page 8 of 12
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 (D`VQ 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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
1 320 3 0
2 0 1.5 0
Total 320 0
* Zone 1 extends out 30 Feet perpendicular from near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone 1.
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 (D`VQ 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.
Temnorarv dewaterin-, and all annronriate best management practices for sediment and erosion
control will be implemented during streambank stabilization and scour protection
Page 9 of 12
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.
NA
XIII. Violations (DWQ Only)
Is this site ill viol ationof 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).
Ili lb
Applicant/ gents Signature Daie
(Agent's s gnatur?- is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Anny Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Roivan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabamis Grlliani Madison Stanley
Telephone: (828) 271-4854 CaldNN-ell Hayi?,ood McDoNi,ell STvaln
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Page 10 of 12
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