HomeMy WebLinkAbout20030826 Ver 1_Complete File_20030707V? ?y
( Q William G. Ross --Y ?Uvttrnur
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i -c WETLANDS 1401 GROUP
MAY 0 5 2004
DWQ Project No.: _ 305 Vp County Wake ,
Applicant: 6001-, U 1 J 5 WATER QUAi +
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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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, <1. 4. MfhGe, , 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 er orting materials.
Signature: Date/ v - - 1 447 Agent's Cer ' cation
11 , 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:
Engineer's Certification
Partial Final
It , 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
Registration No.
Date
0FWATFR
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July 17, 2003
Wake County
DWQ Project No. 030826
APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. J.G. Nance, P.E., Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, as described in your application dated July 3, 2003, and in accordance with the attached
conditions and those listed below, to place fill material in 76 linear feet of streams and 4,345 square feet of protected
riparian buffers (2,842 square feet in Zone 1 and 1,503 square feet in Zone 2) for the purpose of repairing SR 3794
(Lockley Road) in Wake County. The project shall be constructed in accordance with your application dated 25
May 1999 (received 21 June 1999). After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14
issued by the Corps of Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B
233). 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.
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.
A A
M
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
CQ
k
Micheel F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
E.
c:\ncdot\SR 3794\wqc\030826wgc.d0c
i N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE
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TO: REF. NO. OR ROOM, BLDG.
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FROM: REF. NO. OR ROOM, BLDG.
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? NOTE. AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER - ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ?.INVESTIGATE AND REPORT
COMMENTS:
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030826
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STATE of NORTH CAROLINA TEAQUALITYS
DEPARTMENT OF TRANSPORTATION ?CT?o?
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
July 3, 2003
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609 0 3 0 8 2 6
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Secondary road improvements to a portion of SR 3974 (Lockley Road) in
Wake County. NCDOT Work Order No. 6.402152.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave a portion of SR 3974 (Lockley Road) in Wake County (Figures 1-6). Total
project length is 129 feet. The existing structure at the site was damaged during
Hurricane Fran and Hurricane Floyd. Currently, the structure and 26 feet of gravel
roadway have been washed away at the site (Photograph 1). The NCDOT is proposing to
replace the structure and upgrade and pave the roadway within the project limits.
Please note that an improperly buried utility line is buried across the streambed
immediately above the proposed pipe inlet (Photograph 2). The utility line in the
streambed was backfilled with soil, covered with plastic sheeting and then rip rap was
placed in the streambed. This improperly buried utility line may affect the ability of the
NCDOT to properly bury the pipe during construction of the site.
Impacts to Waters of the United States
The project crosses an unnamed perennial tributary to Middle Creek (Best Usage
Classification C NSW, NCDENR-DWQ Index No. 27-43-15-(4)) in the Neuse River
Basin. The structure that previously conveyed the creek was a 36 inch concrete pipe that
was 40 feet long. The replacement structure is a 128 inch x 83 inch corrugated steel pipe
arch that is 60 feet long (Figures 3-6). Permanent impacts at the site associated with the
replacement of the structure and minimal amounts of rip rap to protect the structure
include <0.01 acre fill in surface water and 76 linear feet existing channel impacted.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371
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PLAN VIEW
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2.3' OF COVER MAINTAINING
EXISTING ROAD ELEVATION
Site 1 -Proposed Plan View
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SR 3974 Lockley Road, Wake Co.
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Dewatering
The NCDOT proposes to temporarily dewater the perennial stream during the
construction of the project. This will involve the temporary placement of sandbags or
Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 8
feet upstream of the proposed pipe inlet and approximately 8 feet downstream of the
proposed pipe outlet (Figure 3). To maintain water flow during construction, water
upstream of this impervious structure will be temporarily pumped out and conveyed
downstream of the impervious structure. The stream will be dewatered for approximately
1 week. This will result in temporary impacts to the surface water. Temporary impacts
to the stream at this site from this activity will result in the dewatering of <0.01 ac of
stream bed and 76 linear feet stream channel. The sandbags or rip rap covered with filter
fabric will be removed after construction.
Riparian Buffer Impacts
The construction of the project involves a road crossing of a stream that is subject
to the Neuse River Riparian Buffer Rule. The unnamed perennial tributary to Middle
Creek is depicted on the most recent version of the Apex, NC (USGS, 1993) topographic
quadrangle (Figure 1) and the Soil Survey of Wake County, North Carolina (USDA-SCS,
1970) (Figure 2) and are therefore subject to the riparian buffer rule.
The construction of the project results in impacts to the riparian buffer (Figure 3).
Construction impacts at Site 1 total 2,842 square feet in Zone 1,503 square feet in Zone 2
and 76 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this
site, this crossing is allowable. The NCDOT certifies that the criteria documented in
Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to
the project) are met. The NCDOT requests an Authorization Certificate for this activity at
this project. Information supporting that there are no practical alternatives for the
issuance of this certification is summarized below:
• This portion of SR 3974 (Locklev Road) has washed out The proposed structure is a
128 inch x 83 inch corrugated steel pipe arch that is 60 feet long
• The design of the project has reduced the footprint of the project as much as possible
to allow for only the amount of fill necessary to complete the project.
The NCDOT proposes to install temporary erosion and sediment control devices
in Zone .1 and Zone 2 of the riparian buffer. Specifically, the NCDOT will place a
temporary rock silt check (Type A) in Zone 1 and a temporary rock sediment dam (Type
B) in Zone 2. The temporary structures will be removed once vegetation has been
established and then seeded with a seed mixture of fescue and bahia grass. Based on
impacts to the riparian buffer at this site from this use, this activity is allowable. The
NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules
(which find that there are no practical alternatives to the project) are met. The NCDOT
requests an Authorization Certificate for this activity at this project.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in wetlands or near surface waters.
Minimization:
• The side slopes have been steepened to the extent possible at jurisdictional sites.
• 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. The amount of rip rap
placed along the stream bank has been reduced to the amount that is only necessary to
provide for streambank stabilization. All-efforts will be made during construction to
reduce the amount of rip rap at the two sites.
Compensatory Mitigation: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and wetland impacts will not be provided for this
project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed endangered ad Proposed Threatened are protected under provisions of Section 7
and Section 9 of the ESA. As of January 28, 2003, there are four federally protected
species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus),
Michaux's Sumac (Rhus michauxii), dwarf wedgemussel (Alasmidonta heterodon) and
red-cockaded woodpecker (Picoides boralis). Biological Conclusions of No Effect have
been rendered for each species.
Historical Compliance
Historic compliance work to be scheduled and concurrence with Historic
Preservation Office will be obtained if required.
Summary
Impacts to streams and riparian buffer associated with construction of this project
are presented in Table 1.
4
Table 1. Summarv of impacts.
Existing Channel Existing Channel Zone 1 Buffer Zone 2 Buffer Linear
Impacted Impacted (Temporary- Impact Impact Buffer
Site (Permanent) Dewatering) Impact
1 76 linear ft 76 linear ft 2,842 sq ft 1,503 sq ft 76 liner ft
Total 76 linear ft 76 linear ft 2,842 s ft 1,503 sq ft 76 linear ft
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWP) 14 and NWP 33 and NCDENR-DWQ Section 401 Water
Quality Certification (WQC) No. 3404 and No. 3366 and riparian buffer authorization
for construction of this project. The NCDOT will comply with all applicable NWP,
WQC and Riparian Buffer Rule conditions. A pre-construction notification is attached
with this request. If you have any questions or need additional information, please
contact me at (919) 560-6081.
Sincerely,
GW___75_
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Jerry Linder, NCDOT County Maintenance Engineer, Raleigh
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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: 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5, Christopher A. Murray
Mailing Address: 2612 N. Duke St., Durham, NC 27704
Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371
E-mail Address: cmurray_@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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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
Page 5 of 12
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: Secondary roadway improvements to SR 3974 Ucklgy Road) in Wake
County
2. T.I.P. Project Number or State Project Number (NCDOT Only): W.O. 6.402152
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Holly Springs, travel
northeast on SR 1152 to project limits.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 35.67144° N, 78.79866°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): 0.2 acre (Project is 129 feet long)
7. Nearest body of water (stream/river/sound/ocean/lake): Site 1: Tributary to Middle Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mapsl.)
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 by wooded land and scattered housing
10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of damaged structure and roadway at SR 3974. Equipment may include
excavator, backhoe, bulldozer, grader and crane.
11. Explain the purpose of the proposed work: The structure and surrounding roadway were
damaged during Hurricane Floyd and Fran. The structure and roadway have been washed
away at the site. The NCDOT proposes to install a new structure and rebuild the roadway.
Page 6 of 12
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.
N/A
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.
No
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: Site 1: The structure that
previously conveyed the creek was a 36 inch concrete pipe that was 40 feet long,. The
rMlacement structure is a 128 inch x 83 inch corrugated steel pipe that is 60 feet long. The
stream will also be dewatered 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
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditchingtdrainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 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://xN-xxA .fema.sov.
*** 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: 0.0
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
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 lease specify)
Site 1 Pipe installation 60 UT Middle Ck. 6 Perennial
Rip rap for
site 1 stabilization only 16 UT Middle Ck. 6 Perennial
along streambank
Site 1 Tempor
ar 76 UT Middle Ck. 6 Perennial
U
r
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 losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchmg/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
ww,%v.usas.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wtivw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 76 feet existing channel
impacted (fill from placement of pipe and placement of rip rap along streambank for
stabilization) and 76 feet temporary 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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A
* Like" 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.): NIA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Page 8 of 12
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 wetlands, surface waters and regulated buffers not affected by construction will be
protected from unnecessary encroachment during construction. The side slope of the
jurisdictional site has been steepened to the maximum extent possible. Strict enforcement of
Best Management Practices for the protection of wetlands and 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.
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.usilncwetlands/strmp-,ide.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 9 of 12
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). 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/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 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.
Page 10 of 12
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.
Site 1
Zone* s Im?peact Multiplier Miegi gat ion
1 2,842 3 N/A
2 1,503 1.5 N/A
Total 4,345 N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
XII.
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
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: Zero, as existing roadway adjacent to stream has washed away. Proposed: 0.05 acre
impervious surface (proposed 20 foot wide asphalt paved road) of 0.2 acre total project size The
erosion control plan for the project is designed for 900 cubic feet of storage per acre Erosion
and sediment control devices along the project are comprised of temporary silt basin (Type B),
temporary rock silt check (Type B), temporary rock sediment dam (Type B temporary rock silt
check (LTe A and temporary silt fence The NCDOT proposes to install temporary erosion and
sediment control devices at Sites 1 and 2 in Zone 1 and Zone 2 of the riparian buffer.
Specifically, the NCDOT will place a temporary rock silt check (Type A) in Zone 1 and a
temporary rock sediment dam (Type B) in Zone 2 The temporary structures will be removed
once vegetation has been established and then seeded with a seed mixture of fescue and Bahia
Ms.
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.
Page 11 of 12
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).
N/A
v.3
Applicant/Agent s Signature bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
e r=te
STATE of NORTH CAROLINA
WETLW1401 GRDUp
JUL 0 7 2003
INERQUALRYSECT
roe
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 3, 2003
LYNDO TIPPETT
SECRETARY
N.C. Dept. of Environment and Natural Resources-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260 O
Attention: Mr. John Dorney
Coordinator
3 082e
Subject: Secondary road improvements to SR 3794 (Lockley Road) in Wake
County. NCDOT Work Order No. 6.402152
Reference: NCDOT permit application (July 3, 2003)
The North Carolina Department of Transportation (NCDOT) plans to complete
secondary road improvements to SR 3794 (Lockley Road) in Wake County.
Construction of the project will necessitate impacts to waters of the United States.
Application was made for a Department of the Army Section 404 Nationwide Permit
(NWP) 14 and NWP 33 and North Carolina Department of Environment and Natural
Resources-Division of Water Quality (DWQ) Section 401 Water Quality Certification
(WQC) No. 3404 and WQC 3366 and riparian buffer authorization by permit application
dated July 3, 2003.
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 directly to the
appropriate NCDOT work order.
The NCDOT work order for this project is 6.402152.. Project impacts are less
than one acre of cumulative wetland/water impacts and less than 150 linear feet
cumulative impacts to streams: therefore. Dlease note that a fee of $200.00 is reauired for
this project. If you have any questions or need additional information, please contact me
at (919) 560-6081.
Sincerely,
"
Chnstopher A. Murray, P.W.S. PAYMEIV T
Environmental Officer RECEIVED
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371