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HomeMy WebLinkAbout20060181 Ver 1_Complete File_20060316r' O?O? W A T ?RpG co 7 O `C March 16, 2006 Durham County DWQ Project No. 20060181 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Re: SR 1116 project in Durham County TIP U-2055 C/H/I Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of widening Garrett Road in Durham County: Stream Im acts in the Cape Fear River Basin Site Permanent Fill in Intermittent Stream (linear ft) Temporary Impact in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream (linear ft) Temporary Impact in Perennial Stream (linear ft) Rip Rap (linear ft) Total Stream Impact (linear feet) 1 32 59 (concurrent) 27 59 2 12 50 (concurrent) 38 50 Total 12 50 (concurrent) 32 59 (concurrent) 65 109 Total Stream Impact for Project: 109 linear feet. The project shall be constructed in accordance with your application dated received February 6, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 33 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 with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. NorthCarojina Transportation Permitting Unit NQhllm ill 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/ncvvetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Frmni nnnnrtunity/Aftirmativa Artinn Fmnlnvar - 5nO/ ParvrlariHno/ Pnet r nnciimar Panar • O?O? W A T ?RpG co 7 O ? 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 1. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 2. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 4. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 5. The use of rip-rap above the high water mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 7. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce introduction of other pollutants into the stream 8. 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. 9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 11. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. One NhCarolina 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 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper F W A TF Michael F. Easley, Governor \O?? 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0) Alan W. Klimek, P.E. Director Division of Water Quality O 'C 13. 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. 14. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 15. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 16. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 18. 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 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. 19. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 20. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life Transportation Permitting Unit 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: htti)://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ?'? OF W ATFR ?O? pG co r 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 21. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 22. For the 109 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 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 Robert Ridings at (919) 733-9817. Sinc ely, ?G Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: Wilmington US Army Corp District Office US Army Corps of Engineers, Raleigh Field Office NC Wildlife Resources Commission DWQ Raleigh Regional Office File Copy NotehCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1766 / FAX 919-733.6893 / Internet: ham://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ti OStAAO.?J? ? ? Mwi ? ?n ? ?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY February 3, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator 060181 Subject: Widening improvements to SR 1116 (Garrett Road) in Durham County associated with project U-2055C:WBS 30636, U-2055H:WBS 30638, and U-2055I:WBS 30639. The North Carolina Department of Transportation (NCDOT) proposes to widen three segments of SR 1116 (Garrett Road). U-2055C: at Trotter Ridge Road, U-2055H: Garrett Road at Colorado Road, and U-2055I: Garrett Road between Swarthmore Road and Marydell Lane in Durham County (Figures 1-4). The purpose of this project is to improve safety along Garrett Road by providing storage for left-turning vehicles. Total project length is 0.62 miles. Please note that only the segments (H) and (I) have jurisdictional impacts. Impacts to Waters of the United States Site 1 - Waters of US Construction at this site (U-2055H) will impact an unnamed perennial tributary to New Hope Creek [NCDENR-DWQ Index No. 16-41-1-(11.5), Best Usage Classification WS- IV NSW; HUC 03030002] (Figure 3) in the Cape Fear River Basin. The existing structure conveying the creek is a 66-inch corrugated pipe with concrete headwalls that is 40 feet long (see Photographs 1 and 2). Please note that the stream through the project area is highly incised with over 8 ft high stream banks. Additionally, the existing pipe is perched approximately 1.5 ft on the outlet end and there is also bedrock in the stream at the outlet. This pipe will be replaced with a 72-inch pipe that is 72 feet long. Please note that there is an extensive amount of existing rip rap at both the inlet and outlet end of this pipe. Rip rap armoring lines the banks as well as within the stream bed. from the pipe ends to off our right-of=way. New rip rap added to protect the replacement pipe will.f«ll within this existing rip rap area and will be added only to improve bank stabilization Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 associated with ditch line alterations. Based on Hydraulic recommendations, any new rip rap added within the stream bed will be pressed into the substrate, where possible, to facilitate aquatic passage at low flow conditions while reducing velocity and scour at this site. Permanent impacts at the site associated with the longer pipe include a total of 32 linear feet of fill in surface water in addition to the total use of 27 ft of rip rap armoring. The work zone will be temporarily dewatered for approximately 10 days. This will involve the temporary placement of an impervious dike upstream and downstream of construction. Once the stream has been dewatered, the replacement pipe will be installed. To maintain water flow during construction, water upstream of the impervious dike will be temporarily pumped out by a hose and conveyed downstream of the construction activity. Any effluent from the work area will be pumped into a prefabricated silt bag allowing water to slowly filter out of the bag in a dispersed matter and the sediment to be captured in the bag or should be collected and hauled offsite. Temporary concurrent impacts to the stream from this activity will result in dewatering 59 linear feet of stream. The material used for the impervious dikes will be removed after construction. Site 2 - Waters of US Construction at this site (U-2055I) will impact an unnamed intermittent tributary to New Hope Creek [NCDENR-DWQ Index No. 16-41-1-(11.5), Best Usage Classification WS- IV NSW; HUC 03030002] (Figure 4) in the Cape Fear River Basin. The existing structures conveying the creek are one 36-inch reinforced concrete pipe and one 48-inch corrugated metal pipe that are both 63.5 ft long (see Photographs 3 and 4). These pipes will not be replaced, but will be extended 12 ft on the inlet side. Please note that the northern most pipe serves as an overflow pipe. Once the pipe extensions have been added, rip rap will be placed along north bank of the stream between the pipes to ensure the 36-inch pipe continues to carry the base flow. When water tops its small banks, it will then pass through the 48-inch pipe. No rip rap will be placed within the stream bed at the inlet end. However rip rap armoring is proposed along the banks and within the stream bed on the outlet end. Just as at Site 1, rip rap armoring lines the banks as well as within the stream bed from the outlet end to off our right-of-way New rip rap added to protect the replacement pipe will fall within this existing rip rap area and will be added only to improve bank stabilization associated with ditch line alterations. Based on Hydraulic recommendations, any new rip rap added within the stream bed (at the pipe outlet) will be pressed into the substrate, where possible, to.facilitate aquatic passage at low flow conditions while reducing velocity and scour at the outlet of'this site. Permanent impacts at the site associated with the pipe extensions total 12 linear feet of fill in surface water in addition 38 of rip rap armoring. The work zone will be temporarily dewatered for approximately 5 days. This will involve the temporary placement of an impervious dike upstream and downstream of construction. Once the stream has been dewatered, the replacement pipe will be installed. To maintain water flow during construction, water upstream of the impervious dike will be temporarily pumped out by a hose and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. Any effluent from the work area will be pumped into a prefabricated silt bag allowing water to slowly filter out of the bag in a dispersed matter and the sediment to be captured in the bag or should be collected and 3 hauled offsite. Temporary concurrent impacts to the stream from this activity will result in dewatering 50 linear feet of stream. The material used for the impervious dikes will be removed after construction. Riparian Buffer Impacts The project is located in the Cape Fear River Basin. Therefore, construction will be completed without impacts to protected riparian buffers. Waters of the U.S./Riparian Buffer Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Mitigation: Unavoidable impacts to 44 linear feet of stream (surface water fill) associated with this project will be mitigated (at a 2:1 ratio) by providing 88 linear feet of warm water stream restoration equivalent in the Cape Fear River Basin (Hydrologic Cataloging Unit 03030002). All compensatory mitigation requirements will be assimilated on a quarterly basis and provided to the Ecosystem Enhancement Program (EEP) for their acceptance with a copy provided to the USACE for verification and accounting purposes. For mitigation billing purposes, please link the 64 ft owed with WBS 30638 and the 24 ft owed with WBS 30639. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, there are three federally protected species listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth conctlower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii). Garrett Road is not adjacent to open water suitable of supporting foraging habitat for the bald eagle. The roadway shoulders along Garrett Road are regularly maintained from the gravel to the woods line, eliminating the possibility for smooth coneflower or Michaux's sumac to exist in this area. Additionally, a review of the Natural Heritage Program database (last updated November 2005) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 1/06/06 site visit and the NHP database review, biological conclusions of No Effect have been rendered for each of these species. 4 Historical Compliance This project will have no impacts to historic resources. Summary NCDOT proposes to widen segments of SR 1116 (Garrett Road) in Durham County. Permanent impacts, associated with surface water fill, are proposed to Waters of the United States. Unavoidable impacts to 44 linear feet of stream associated with this project will be mitigated (at a 2:1 ratio) by providing 88 linear feet of warm water stream restoration equivalent in the Cape Fear River Basin (Hydrologic Cataloging Unit 03030002). The project is located in the Cape Fear River Basin. Therefore, construction will be completed without impacts to protected riparian buffers. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC No. 3366 for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This new procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS elements 30638 and 30639. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. e ely, n G. Nance, P.E. ivision Engineer cc: Ms. Nicole Thomson, NCDWQ Transportation Permitting Unit Ms. Tasha Johnson, P.E., NCDOT - Dist 2 Engineer Mr. Ben Upshaw, P.E., NCDOT Division Design Engineer Ms. Katie Simmons, NCDOT - Rdside Env Field Ops Tech i; I ., ? ' ,. ?. ? ?, '- f ? i i ? - ' . . '?, ' ,.j ? ?.f u a (.' ? ? ?' ?? f ? ^-i ? y ? ?: G}?q PI Photograph 4. View of Site 2 outlet. SR 1116 (Garrett Road) at Swarthmore Road in Durham County. '? k ?p ' - ate. - ` ?« I?•rll ! ± ¦ r • l __`? ??'y 1\ 1'..?tlt '`? y`? i 1-r ;.\ -? '.1 ?"\ - f!'+ ,,` .,+/ LUn'tf • ~ 1 ?, 4 i \ ? .J r _ r .7 R, '?¦ i { iY, r r! ? I•'/'• ?" ?`", ^I t' .f,. yt ? ??,' ?`?,t??.._.?? \\?? ± t1 `? ?1?' \t (• ?• ?,r'y _ ? ~ ?4 +-? ^? I I• I C V?'J.? 'yll'1 ?. ? - ??"w'. 41 f ' r hot r °` -y? % f . •' • ! _ - . - r !r 1 i / ? 5, J? : a? • ?t ` . - • 00 f ,'`?r •?? n'y.,. 41\1"'I y` ti, ?`rJ? •! Begin Project -talk it ?'i 1 ? ?O,OC S IT E " 1 ?` 1, "f --- I !!^ ¦? % .t ``\ R '1_. \a • •f.,: ?? ? I ? ./ ( '4 ?.` I ? '•f t 11 ? ?M J4W Ir y ? • C_ A': }}t >. ? 7 ?., ' ?,?. ?J (rug J • ? 4 1`.1 ?v /r ! /r 4yi C'''! r !; ?r r ....,,.. + .? , % .?.._, .- ??•'. Swarths A& III lore Road ng' -s- -A r ?! SITE 2 •`,• •,' ,.. lilt Ike a . T ? .... .W:. ._ .. ,t 0 ilk 0 Al ''•\ t S+ ` Trotter edge oad ?• y -•+,. 1 ?? Z.A , j1 r!• .? r ' 1 I ? ? ? ' VV"a?''+., `s. _--? f I! ? • `i, i End Project '••? ti,,ry`?" ".? iL ..?,r.... .r•?? r! ?7`u . '?y y: I t t fwev? r~' r,A r r , = ;;1-` •o- Project Study Area r E ,? l 1/ '.?, a• . • ?,: x?'' rf% f' ,,,?,?-.-r;?sr?'i? .i ' 1? ,* • SR 1116 Garrett Road Durham County >". ! -' r `• , '}r Southwest Durham ?.- - _, ? _: ? •'' ?Ir..` USGS Topo Map (1973/1987) Figure 1 11,000' Copyright (C) 1998. Maptech. Inc. CAROLINA - SHEET NUMBER 30 WSc t WsE Ch . 1 T s, • r WEE \j J AIV i W5E 13 it \` ? ?=f f •. r? r ' a v ;WS'? ? ?" 4t 3,' ?? ? a , @ YYSE `? ??`,+?. •; ? .,? , ? .y si ? 4 r. '?{ WSk'' ' 1 '? N/ r ' Ws8 t t c t, f Cc y, 451 ' °Scw *y w• , ' 7r? W t ?y n ? F r "?- Nr ?"?? '' ?,? ' ws?'' wsb '? J y`??t 'r •? ?'' but y }? '?dGs?h v? y w, ? W s E V"c ,r ? ti, ` ,? <• 4 « r¦??{, n? WSE /? [, Begin Project??, t 1 Wh fr r t? fid x P / h t?,,=?., SI 1 E *l yi n? *•# ?'? ..? rte, F(• ? ,mkt il? ? ? -, ,mt/) 7%J F, ILI r • v? SITE ? ? f t, c A _ t ? ax ?yy'4^v ; x '? t x t , ? ??++ ? [?` ? ? W yQ1 UfC "1? Y 2 y by 02,4 , a ,? -?.r1,*,. rj1? , y ;'? ;I µ„- 'i` rrr.f'?^ , or `;,?•`' - •."'~•?'"" 1 r } Y ' ?MG? , :'r + " n End Project a , . AAA ?(? y? Ca ? ?'? ? ?.Q,r? ,1 ? ,: ?. ? Se •? Y Cff3 ? ? ? ?*a?? ?`rt ? } { ? M?" y ?,? ?' ? t ? i. " +1 ? `i f i',?r ? • ? / r 1.. J ia?. ? (?.7 . f I f'' ?/', /1 `! ;b m a g' Project Study Area \ µ t „ ?t 711 C +; SR 1116 Garrett Road W Durham County USDA-SCS (1971) Figure 2 1:15,840 c 4- a p o LL c a Q) O p ? 4- q) L p O C)- 0 cn Cl O C O U p L p % a_ 4- 0) D p' C In C +- C i In - o X •- x LU LL w Qj LL- 4- 1- O W z .. I N Y v u V) O 7 01 O U, O > 7D L L U N N L co Cl + o E O CL (D 3 O (D O + U M 4- 4- C) N F- N L W L V CID } O L c 4- Q e O v- E O = O - L U O D: + O ? N ] N O U 4- O N w LL UJ ? I I r I y ? 1 _ > ; CL T I O _3 I i- I 4- 3 I ui o I I ? O I N L 1 I 1 W 0 a N I n C a I I I + + I a o I O I , Remove 66' CN4 ?. , -I - . Install n ew 172' pipe wft h eadwalls I I Fy H -0 N I a a O a + I O d r? ri 4- n rte- I r fj LL w W c? G. eta c 0 0 ° c II F5 y 0 v ? s L I ? ? o 3 8-?- w 0 Y d ? N 7 O O' ?/ L c L O C, N +- E •- O 3 4- 0 N U L + C: O L?- m E O U O OL 0 ° O N L O O E M 0 N + ° 4) 3 N L N p7 w L O U U i Ln D q- ui O 0 t N V) L O In 4- 0 0 M T U a o o LL L C a lQ O L L O 4- L N ? O CL o co a C O U 0 L L n 4- C In C -F C + V) - UJ X X W LL W q) ?LL O W z I F- W W t a o. e .. c c V ? rr .? A Sp N 4w a? Y N C L L O a - E ° •- a Ul 4- a O L +- O C ? O E a? U O a w w Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 60 1 8 1 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance n 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: E-mail Address: Fax Number: Pagel of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed replacement and extension of structures conveying unnamed tributaries to New Hope Creek in association with widening SR 1116 (Garrett Road) in Durham County for turn lanes at Trotter Ridge Road Colorado Road, and between Swarthmore Rd and Marydell Lane. 2. T.I.P. Project Number or State Project Number (NCDOT Only): U-2055C, H, and I. 3. Property Identification Number (Tax PIN): N/A 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Durham take Hwy 15-501 Business southwest towards Chapel Hill. Make a left onto SR 1116 (Garrett Road) and travel south to project sites. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Site l: 35.9392 ON 78.9648 "W Site 2: 35.9336 ON 78.9613 "W 6. Property size (acres): 4.0 acre (Project is 0.62 mi long) 7. Name of nearest receiving body of water: New Hope Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 i 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 areas and residences. 10. Describe the overall project in detail, including the type of equipment to be used: Grade, drain, pave, and erosion control 0.62 mi section of SR 1116 (Garrett Rd) associated with widening for adding turn lanes. The NCDOT will also dewater the work sites during construction, as necessary. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: Segments of the existing paved roadway will be widened to provide turn lanes which will improve safety by providing s?, torage for left-turning; vehicles. 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. N/A 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Provide a written description of the proposed impacts: The existing pipe at Site 1 will be replaced and the existing pipes at Site 2 will be extended on the inlet ends. Ditch lines will be altered The NCDOT will also dewater the work sites during construction, as necessary. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, sei,arately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within 100-year Distance to Nearest Area of Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet) N/A Total Wetland Impact (acres) N/A List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 he included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent'? Stream Width Length Impact indicate on ma Before IT pact (linear feet) acres Site I UT to Fill (piped length) Perennial 5 32 0.004 U-2055H New Hope Creek Rip rap armoring along stream bank 27 0.003 and in stream bed Temporary 59 0.007 dewatering concurrent concurrent Site 2 UT to Fill (piped length) Intermittent 3 12 0.0008 U-20551 New Hope Creek Rip rap armoring along stream bank 38 0.003 and in stream bed mrary de p 50 0.0038 toring wa concurrent concurrent Total Stream Impact (by length and acreage) 109 0.0108 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to 4111 -vowuntinn drerlvina flnnrlinp_ drainaLye. bulkheads. etc. Open Water Impact Type of Waterbody Area of Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma (if applicable) ocean, etc.) acres N/A Total Open Water Impact (acres) N/A Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): 0.0108 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0108 Total Stream Impact (linear feet): 109 Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. N/A 8. 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 local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A watering, irrigation, aesthetic, trout pond, 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 and surface waters not affected by construction will be protected from unnecessarv encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of till necessary to complete the project will be placed in waters of the United States or riparian 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 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwctlands/strmgide.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, 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. Unavoidable impacts to 44 linear feet of stream associated with this project will be mitigated (at a 2.1 ratio) by providing 88 linear feet of warm water stream restoration equivalent in the Cape Fear River Basin (Hydrologic Cataloging Unit 03030002). All compensatory mitigation requirements will be assimilated on a quarterly basis and provided to the Ecosystem Enhancement Program (EEP) for their acceptance with a copy provided to the USACE for verification and accounting purposes. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 64 ft at U-205 5H -WBS 30638 24 ft at U-2055I -WBS 30639 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 6 of 8 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. 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 3. 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 snap 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", 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 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A N/A * Zone I extends out 30 feet perpendicular from the top of the near batik of channel; "Zone 2 extends an additional 20 feet from the edge of Zone I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A i Page 7 of 8 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is 1.91 acre existing impervious surface (avg 25 foot wide paved road) of the 4.0 acre project size The proposed impervious surface is 2.09 acre (proposed widening at four intersections) of the 4.0 total project size. Erosion and sediment control devices along the project are comprised of temporary rock silt checks temporary silt basins and temporary silt fence The temporary structures should be removed once the vegetation has been established. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project will not generate wastewater. 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality`? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Upgrading SR 1116 will not result in additional development XV. 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). 01- Applicant/oent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8