Loading...
HomeMy WebLinkAbout20060304 Ver 1_Complete File_20060522O?0? W AT 4 99 D a E _ -i DWQ Project No.: Z(u0,6 o 3o-` Applicant: tf-00 Project Name: SAnulb, County: Ay-p- S 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 Certif o I, ?? x hereby state that, to the best of my abilities, due care and diligence was used in 't ie 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:f Agent's Certification 1, , 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 Registration No. Date p v * 22 sS' sgNO `?q,? lOp sTOR???R J 6 No 1hCarolina Transportation Permitting Unit Alai bra«y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: http //h2o.enr.state.nC.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality O? W A T ?RQG O ? 'Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director n Division of Water Quality 1 2 ?006 April 7, 2006 WFT DENR' WATER QUkiTy Dare County [ANDS AND STORA#WATER BRANCH DWQ Project No. 20060304 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Anthony Roper, P.E. NCDOT, Division 1 113 Airport Drive Suite 100 Edenton, NC 27932 Dear Mr. Roper: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts: Site Number Stream Bank (linear feet) Open Water (acres) Site 1 186 0.021 The project shall be constructed in accordance with your application dated February 20, 2006 for the purpose of placing riprap, for shoulder stabilization and erosion protection, along the shoreline of Pamlico Sound adjacent to SR 1504 in Frisco, Dare County. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3495. This certification corresponds to the Nationwide Permit 13 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying withal] the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 4.) All work shall be performed during low or normal flow conditions. 5.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. One Carolina N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481Qf1l/'Q?t'f, FAX (252) 946-9215 6.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 7.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 8.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 9.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 10.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 11.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948-3922. Sincer ly, f Ar ?l?rlan Attachment cc: Wilmington District Corps of Engineers Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Mr. Clay Willis, Division 1 Environmental Officer, NCDOT Wanda Gooden, DCM, 1367 US 17 S. Elizabeth City, NC 27909 Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699 Mr. Rob Ridings, NCDWQ, Wetlands/401 Unit Central Files File Copy WQC #3495 STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080 (CONSTRUCTION AND MAINTENANCE OF BULKHEADS) 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 .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080. The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized. This Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water Quality (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 set forth. Conditions of Certification: Wetland and/or riparian area restoration and creation projects which are for compensatory mitigation or compensatory mitigation credit (and not including projects that only involve stream restoration or enhancement work described in condition nos. 2 and 3 below) that are proposed under this General Certification require written application to and approval from the Division of Water Quality. All applications for written DWQ approval will be reviewed and a response will be prepared within 30 days of stamped receipt of the application in the Division of Water Quality's Central Office in Raleigh. This 30-day period does not include time spent by the application or DWQ's response within US Postal Service or North Carolina's Mail Service Center mail systems; Wetland and riparian area restoration and creation projects (not including projects that involve work in or impacts to streams) which are not for compensatory mitigation or compensatory mitigation credit proposed under this General Certification do not require written application to and approval from the Division of Water Quality. In these cases, the applicant is required to notify the Division in writing with three copies of project specifications before the impact occurs. If the Division determines that the project would not result in an ecologically viable wetland and riparian area, then the Division shall prepare a response to notify the applicant in writing within 30 days of DWQ's receipt of the notification. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 2. Proposed stream restoration projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit do not require written application to and approval WQC #3495 from the Division of Water Quality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. Stream restoration is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and floodprone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This biological and chemical integrity, including transport of water and sediment is produced by the stream's watershed in order to achieve dynamic equilibrium. The applicant is required to notify the Division in writing with three copies of detailed restoration plans and specifications before the impact occurs. If the Division determines that the project does not meet the above definition of stream restoration, then the Division shall notify the applicant in writing within 30 days of receipt of the application. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 3. Stream enhancement projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit and do not include any stream channel relocation, do not require written application to and approval from the Division of Water duality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. 4. Stream enhancement is defined as the process of implementing stream rehabilitation practices in order to improve water quality and/or ecological function. These practices must only be conducted on streams that are not experiencing severe aggradation or erosion. Stream enhancement does not include the relocation of the stream channel. Stream enhancement bank stabilization techniques include the use of woody vegetation as the primary means of long term stability, and "soft" techniques such as root wads that encourage the establishment of dense woody vegetation. Stream enhancement techniques do not typically include the use of stream bank or bed hardening techniques such as rip-rap or other rock, gabion, block or concrete structures. However, enhancement activities may also include the placement of in stream habitat or grade control structures such as cross vanes, j- hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or profile of a stable stream. The applicant is required to notify the Division in writing with three copies of detailed enhancement plans and specifications before the impact occurs if the stream enhancement project disturbs greater than 500 feet of stream bank or if the project proposes the use of in stream structures. If the Division determines that the project does not meet the above definition of stream enhancement, then the Division shall notify the applicant in writing with an explanation within 30 days of receipt of the notification to require application and payment of the appropriate fee; 5. Stream stabilization projects that include the use of any structure or fill in the existing stream bed or disturb greater that 500 feet of stream bank that are proposed under this General Certification require written application to and approval from the Division of Water Quality. WQC #3495 Stream stabilization is defined as the in-place stabilization of an eroding stream bank using measures that consist primarily of "hard" engineering, such as but not limited to concrete lining, rip rap or other rock, and gabions. The use of "hard" engineering will not be considered as stream restoration or enhancement; 6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 26 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. In order for the above conditions to be valid, any plans not requiring written concurrence to use this Certification must be built according to the plans provided to the Division of Water Quality. If written concurrence is required, then the project must be built and maintained according to the plans approved by the written concurrence and Certification from the Division of Water Quality; Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources at the DENR Regional and Central Offices) shall be designed, installed and maintained properly to assure compliance with the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout waters); 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources or delegated program has released the project; 10. Any rip-rap shall be of such a size and density so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. If rip-rap is to be installed within the streambed, the amount and location must be approved in writing by the Division of Land Resources and Division of Water Quality. However rock vanes, wing deflectors, and similar structures for grade control and bank protection are acceptable; 11. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact or Record of Decision is issued by the State Clearinghouse; WQC #3495 13. Additional site-specific conditions may be added to projects which require written concurrence under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters; 15. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or the notification sent to DWQ; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 17. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 4 WQC #3495 Non-compliance with or violation of the conditions herein set forth by a specific 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 including state or federally listed endangered or threatened aquatic species 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: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3495 OF W ATF9. O? pG CO O 'C DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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 40] /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: Date: Agent's Certification 1, , 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 Date: Partial Final 1, , 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. Nbo` Carolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality STATE,, of: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICIIAEL F. EASLEY GOVERNOR February 20, 2006 Division of Watcr Quality 934 Washington Square Mall Washington, N.C. 27889 Attention: Garcy Ward 060304 vv Sr?RMwAR BR,q?y?H LYNDO TIPPLTT SGCRFTARY Subject: Request for a NW 13 to place 186 linear feet ofriprap along the shoreline adjacent SR 1504 in Frisco, Dare County. 'I lie North Carolina Department of Transportation is requesting a NW 13 permit for shoulder stabilization on SR 1504 (Sportsman Drive) in Frisco, Dare County. The total length of riprap to be installed along the shoreline is 186 feet. An additional 40 feet is being proposed to stabilized and prevent storm erosion along the curve of SR 1504 that carries the road away from the shoreline. This is illustrated on the provided drawings. The shoulder stabilization will occur in waters of the Pamlico Sound, which is designated as SA IIQW by the DWQ and considered Public Trust Waters by DCM. Therefore, NCDOT is also requesting a GP .1 100 from the Division of Coastal Management to authorize the shoreline stabilization work. The PCN form, vicinity map, and permit drawings are included with this letter. If you need any additional information or have any questions concerning this project please call me at 252-482- 7977. Sincerely, Anthony Roper, PE, Division One Engineer Clay Willis Division One Environmental Officer Cc Bill Biddlecome, USACOF Rob Ridings, DWQ Wanda Gooden. DCM Proposed Shoreline Stabilization on SR 1504 (Sportsman Drive) I Pasquotank River Basin in Dare County. 24K Quad Name - Cal 0 A t 0 c A 0 „ 1 par i the ras. W 0 x z zti J k mw 0 co 31E ? i IIh' i I l/f 1 . Lj PEDPPS.DAK ??PS?? 1(l.Q / ? C C O 06 10 / _ EE o / ? C C N .u O ? ? O O u ca I 44 I I 1 I ? I r----------? o ? I I ?I ? I I I ?I I j I I \1 1 _ 1 ooommw rwj d V 2IRMYA'A710MNOD ?\ -- m r &"Wf ;(TIOAww \ I VQ \ I I I I I I r I C O o A A 3 '- N C t 00 O y` • 0 O to ? C n ?N;y A ~= N Z VA .? S > O ?I C 0 C 0 E° t'"s A E z $'p • Y ; 7 `O I O O l.1 • C 01 O H p o E* o E w u II 0 U C7 m° 3 O 1] S I I el I cl 1 Q c? Ss ? I = I o h C I I h al A ? I ? ?I k I g I N C I I CI I I CI I I ?? ?I ? ?I Office Use Only: USACE Action 1D No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing DWQ No. Form Version May 2002 20 0 60 304 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Pen-nit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 13 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: 11. Applicant Information 1. Owner/Applicant Information Name: Clay Willis NC DOT Division 1 Environmental Officer Mailing Address: 113 Ai_port Drive Edenton NC 27932 Telephone Number: (252) 482-7977 Fax Number: (252) 482-8722 E-mail Address: tcwillis(r,dot statemc.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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 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 detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 1I 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: SR 1504 Shoreline Stabilization • Dare County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Dare Count Nearest Town: Frisco Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Buxton, take NC 12 Southwest towards Hatteras Village in Dare County. Once entering Frisco turn right onto SR 1504 Sportsman Drive). Go approximately 0.5 miles, the project is located immediately to the ri h€T the eroded shoreline and damaged bulkhead. 5. Site coordinates, if available (UTM or Lat/Long): 35.15328 N 75.37186 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres) 1.0 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound. 8. River Basin: Pasq_uotank River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt ./p /h2o.eni,.state.nc.us/a(irnin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: residential Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Place approximately 68.89 cubic yards of Class "2" riprap along shoreline for approximately 186 linear feet. This rip-rap will be placed overtop of an existing bulkhead that is no longer functioning. The rip-rap will be placed by means of an excavator as shown on the provided drawings Once the rip-rap is in place approved fill material will be placed within the old road bed to reclaim what has been lost due to erosion. BMP's will be put into place to prevent erosion while permanent grassed road shoulder is being established. Equipment used will include an excavator, backhoe and dump trucks. 11. Explain the purpose of the proposed work: To place Class "2" riprap along shoreline to prevent further erosion and allow safe travel along SR 1504. 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. There have been no prior pen-nits issued on this project. V. Future Project Plans Are any future permit requests anticipated for this project' If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intennittent 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 Page 7 of 12 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: There will be no permanent impacts 2. Individually list wetland impacts below: None Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not mmnco to: mccnamzcu anal uig, grauuig, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year tloodplains are identified through the Federal Emergency Management Agency's (FNMA) 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 Ittil):/"www.fennt.gtoV. *** 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 LISACE only). List the total acreage (estimated) of all existing wetlands on the property: N/ Total area of wetland impact proposed: 1 Indivirlnally lict all intermittent and nerennial stream impacts below: NONE Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** _ _ Average Width of Stream Before Im act Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. impacts include, but are not limited to: culverts and associated np-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream natnes 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.us>,s.-ov. Several internet sites also allow direct download and printing of USGS maps (e.g., jv'?,v_topozunc.cum, -- - wva'wJ[ta 1( ue, cionj, etc.). Cumulative impacts (linear distance in feet) to all streams on site: None Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: None Open Water Impact Site Number (indicate on ma) 'Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Site I Rip-rap fill 0.021 Pamlico Sound Sound List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A 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. NCDOT is reauired to maintain State Roads to an acceptable safe level. This road has been severally eroded and needs to be stabilized NCDOT will conduct all work from right-of-way. 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. Page 9 of 12 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 littt)!/h2o.enr.state.nc.us/ricwctlands/strm *ide,htm]. 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. 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.statc.nc.us/wry/indcx.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 Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation _ 1 3 2 1.5 "Ibtal * Zone I extends out 30 feet perpendicular from near hank of channel; lone L extends an additional 20 feet from the edge of Zone I. 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 Page 11 of 12 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will remain the same. X11. 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. There is no sewage disposal associated with this project. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2I 1 .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 -'I2e'l 6,?, Applicant/Agent'd Signature Date (Agent's signature is`val4only if an authorization letter from the applicant is provided.) Page 12 of 12