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HomeMy WebLinkAbout20030826 Ver 1_Complete File_20030707V? ?y ( Q William G. Ross --Y ?Uvttrnur Jr, Secretary North Carolin D f E i t t t d \ G a nv ronmen epar men o an Natural Resources r Alan W. Klimek, P.E. Director 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 Q6 r tp ` ? 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 0 TO: REF. NO. OR ROOM, BLDG. L J 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: V C J?'?C'41nS ?a? J/ C J1" 1 1 ??'C)? 030826 ,? i .: .,, ,? sw v, WEIL4"14 p1 GA ? pUP 03 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 /?o IJUZ7 0 , 5i 17 1 L--?- r 1 • a. ?'`? I , ? `fl ? ? •' ? ? 11 !?\ % 400 ^ i?+ \•• ?L? , ? I ? I ?' ? 111 t /l ? \? ,? ? ,? 1 = ? PROJECT SITE ? l ? 1 ?? rr .A\ 1 ? ` J a •I /AJ J-, It 40-0 YC 10- Sun et I'i 1f ? 300 • ? ' 1 45? I ! ?? ,.? %?\_?_ ,_I^ ?,\ • ? \ •?\\\? ' j ^?1?.?\ ,yin ?// ' ? ?\'J\?'`\1`\ '\`!, ?\. .;'I?? _. .// ' . , \ _ : ?? YYl \r Project Study Area SR 3974 Loc _ kley Road - - e Count q ; j` l y Apex USGS Topo Map (1993) j ?a 446'%? Figure 1 1:24,000 1 F *# = 5 h ?: ,f r f ? 1 ?A hl • I` •Yq t }. ?.` is f? ?ga? ' r ? >fi ._ - ' PHOTOGRAPH 1. View of washed out roadway and pipe from downstream. ziv. 5+ .1•+? g:5 . ? e ?a }ors i? f ? 1,y ? `4 +'14h a, t n ?. w h? ISM ?I PHOTOGRAPH 2. View of rip rap located in streambed above improperly buried utility line a t ?Cep?Z' yvY Cn AgC't Ag92 1 Agc e ': Cd AgC2 C C C C - AgC2 Y. 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We I m p . u --- /-_. ?_? _ ... C8C2C -- Ld82. ao GV-Z--- 1 /' u? cee \\ ;'Joins `- -0,2 AgC Ajc ;'Joins sheet 90,' o as o 0 0 OM v Z ouo: V o n o P ° C ? G N N o ` ? 1 oust ° 0 0 o. ° s ° d ? o e o a E : ? Y• P ?Y C ? ? C `o 5 cu ° a N m°a ° N f C ?C ¢ C 0 G e v to s J m _C ? q V Z .ueZ .' e e ° t 7 O P « ? `a N O O E N .C O L co p O ® 1 ouoZ ° « o ° 3 L a d P o .o 8 Z 0°OZ 1 ! e+1W1-1 Pooa i ;GAD.19 6u1+41X3 i I9+1-11 M0a 44 09 PesotloJd PLAN VIEW l28" x 83" _60.01- CROSS-SECTION 7.8' /2" B A 128 x 83" 2.3' OF COVER MAINTAINING EXISTING ROAD ELEVATION Site 1 -Proposed Plan View And Cross Section SR 3974 Lockley Road, Wake Co. Figure 4 See Scale/Dimension On Drawing B STREAM CROSS-SECTION 9 .2 .3 o? A 3ov?? M a, a W s W Q O v W 0 ti W J Z ` 201.68 201.02 207.39 99.56 199.08 198.78 N C? 207.39 N 198.88 0 Q 198.35 198.76 ° uj o ? j Q 'b C j .S ? o -d O V p ? ? how ??a e rA W j Q J 1 ? l O 1?1 207.44 O O W N W 207.09 z ? 207J5 f` W 207.39 I 198.82 O 199.66 207.72 208.07 208.67 °o °o N 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