HomeMy WebLinkAbout20060909 Ver 1_Complete File_20060619F \NAjF Michael F. Easley, Governor
\0RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? 7 Alan W. Klimek, P.E. Director
C 0U; a?? Division of Water Quality
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DWQ Project No.: l?l?- 0 90 ?1 County: 1 ?so«
Applicant: NCDOT
Project Name: lW //L, 9 Cna F>- ,2 r, p E
Date of Issuance of 401 Water Quality Certification: to -/9 -d?
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel B. Setzer, P.E., 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 fli 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and ot} ?t'A Vm erials.
Signature:` Date:
Agent's Certific,, on
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:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee 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:
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Registration No.
hcuEr;:t
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.uslncwetlands/
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DWQ Project No.: OSo?? County:
Applicant: NCDOT
Project Name: `S /
Date of Issuance of 401 Water Quality Certific tion
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel 13. Setzer, P.E., 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 othe in erials.
Signature: •?" Date:
r
Agent's Certificat' n
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:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee 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:
V
SEP 200;,
tyETLANDSAND ST OR1 QUt?? ERAr??
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ItiCUEt;:t
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
Registration No.
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North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Staff Report
Project Num: 20060909
Name: NCDOT-SR 1169
County: Jackson
Location: Cullowhee Creek Cullowhee
Latitude: +35°18'22"
SW Plan Location:
Owner: NC DOT Division 14 - Bryson City
Contact Person: Tippett, Lyndo
Inspection Date: 06/13/2006
Reason for Inspection: Routine
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s):
Phone: 828-296-4500
Question Areas:
0 Site Visit
Inspection Summary:
NXDOT is proposing to grade, widen and paven NCSR 1169, Central Drive, in Cullowhee, NC. The proposed pipe is to be installed
so that a better site distance can be obtained at the intersection of NCSR 1169 and NC 1002.
Impacts are for seventy (70) linear feet of pipe in a small unnamed tributary to Cullowhee Creek.
It is recommended that WQ Certification Nos. 3404 and 3366 be issued.
The 401 Certification was issued on June 19, 2006.
Version: 1 Status: Issued
Project Type: Pave road
Region: Asheville
Longitude: -83°10'34"
Title:
Phone:
Entry Time: 09:10 AM Exit Time: 09:32 AM
Inspection Type: Staff Report
Page: 1
Project Num: 20060909 Owner: NC DOT Division 14 - Bryson City
Inspection Date: 06/13/2006 Inspection Type: Staff Report Reason for Visit: Routine
Site Visit
Do impacts described in the application differ those seen in the field?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification?
Are there additional stromwater conditions that should be required due to the following classifications:
# 303(d)list, Class WS, NSW, ORW, HQW
Describe:
Is this a subdivision or otherwise part of a larger project?
# If yes, what phase is this?
Are there prior impacts from prior phases?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment:
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Page: 2
WAT?90
DW
NDS'hpsTOR?wq??,ly June 19, 2006
FReeh Jackson County
DWQ Project No. 060909
NCSR 1169 (Central Drive)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 70 linear feet in an
unnamed tributary to Cullowhee Creek (70 linear feet of new pipe and temporary dewatering), in order to make
improvements to NCSR 1169 (Central Drive) in Jackson County. The project should be constructed in accordance with
your application dated May 31, 2006 (received June 7, 2006), including the environmental commitments made in the
application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14
and 33. In addition, you must 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 Water Quality Certification will expire with the accompanying 404 Permit issued by the US Amory Corps of
Engineers.
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 in writing 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 if 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
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 Afanual.
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 Alanual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-ovned or leased borrow pits associated with the
project.
NorthCarolina
?l aftrrally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: www.ncwaterqualiV.org FAX (828) 299-7043 1-877-623-6748
#?R?O
Alan W. Klimek, P.E. Director
Division of Water Qua',ity
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer
P Mr. J. B. Setzer, P.E.
June 19, 2006
Page Three
17. The permittee 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 or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
18. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the culvert installation.
19. 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.
20. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
l- •• IIIII
al-A f,
? F- )
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION _h
MICHAEL F. EASLEY
GOVERNOR
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ANOSr? nQU RB
RAN
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LYNDO TIPPETT
SECRETARY
May 31, 2006
Mr. Steve Lund, NCDOT Regulatory Project Manager
v
U. S. Army Corps of Engineers ? •1'?y • ,?
151 Patton Avenue, Room 208,,J q
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 1169 - Central Drive
Jackson County
State Project No. 14C.050058 (DWQ Minor Permit Fee 5200)
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade,
realign and pave SR 1169, Central Drive, in Jackson County. This proposal entails widening
and realigning the existing paved road to a standard 22-foot roadway. The proposed
improvements of SR 1169.have been identified as necessary for maintenance and safety.
Funds have been allocated for this project, and NCDOT would like to perform these activities
sometime during the 2006-07 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing
stream gradients to remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of federally
endangered or threatened species. There are no records of endangered or threatened species
listed for this unnamed tributary of Cullowhee Creek. There are records for the Appalachian
elktoe (Alasmidonta raveneliana) from the Tuckasegee River, which is designated critical
habitat for this species. However, the culvert site is approximately two miles from the
Tuckasegee River. The unnamed tributary and Cullowhee Creek have been degraded already
from urbanization at Western Carolina University campus. The stream to be impacted is a
headwater seep and impacts from the culvert installation will be minimal. For these reasons,
there will be "no effect" on threatened or endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all erosion control measures
daily to ensure sedimentation and erosion is being effectively controlled. If the planned
devices are not functioning as intended, they will be immediately replaced with better devices.
The rock silt screens and other erosion control devices will be in place prior to pipe culvert
construction and will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributary is a headwater seep and is not shown on the USGS topographic map.
The stream appears to have perennial flow and does have a defined channel. The channel is
composed of sand and gravel. For these reasons, we believe this stream is under the
jurisdiction of the U. S. Army Corps of Engineers. In order to construct the project in
accordance with our current secondary road standards, it will be necessary to impact waters of
the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to
place one metal culverts in UT to Cullowhee Creek (DWQ Class C Tr). Listed below is a
summary of the proposed impacts.
Site No.
Station Existing Condition Proposed Condition Net Impacts
Site 1 Open Channel 70' x 6" CMP 70' extension
70 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am asking Mr.
David McHenry, Mountain Region Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you concerning the 404 Nationwide Permit
request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean
Water Act from the North Carolina Department of Environment and Natural Resources
(DENR), Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment
directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 488-
2131. Your early review and consideration will be greatly appreciated.
Sincerely,
C?
onathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (six copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Ms. W. H. Roach, County Maintenance Engineer, NCDOT
Office Use Only' Fomt Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
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 (verify availability with NCEEP 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: El
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Bryson City NC 28713
Attn: J L Woodard PE District Engineer
Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518
E-mail Address: jwoodard@a 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: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 1 of 8
in. 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: Widen grade drain and pave SR 1169 Central Drive in Jackson County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.050058
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Jackson Nearest Town: Cullowhee
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Sylva take NC 107 towards
Cullowhee Turn left on SR 1002 Follow SR 1002 to SR 1169. Turn Right on SR 1169.
This is the project
5. Site coordinates, if available (UTM or Lat/Long): N 35.306° W 83.176°
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.16 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cullowhee Creek (C Tr)
8. River Basin: Little Tennessee
(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.ne.tis/admin/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 woodlands
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes cutting and filling earthwork where needed replacing old drainage
structures that are inadequate making the road safer by changing the road profile, and
paving Equipment to be used will be Track Hoes Back Hoes Dump Trucks, Bulldozers,
Manual Labor, etc.
11. Explain the purpose of the proposed work:-
To pave widen the shoulders and improve the alignment of SR 1169 to meet current
NCDOT standards.
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.
No additional permits have been applied for in the past
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
1. Provide a written description of the proposed impacts: Placement of under drain
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
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 lmutca to: mecnamzeu clearing, graumg, 1114
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
'• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://w\,.-\v.fema.2ov.
+*+ List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wvetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detemnination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number
Type of Impact* act
Im(min ar
Stream Name**
of Stream
Intermittent?
(indicate on map) feet Before Impact (please specify)
1 Under Drain 70 UT to Cullowhce Cnxk G' Perennial
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net 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 names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wN w.usgs.Qoy. Several intemet sites also allow direct download and printing of USGS maps (e.g., w\v\v.totwzone.com,
w'x%-\v.maMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 70
Page 4 of 8
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below:
Open Water Impact
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.)
N/A
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided. The culvert must be extended in order to izain the necessary width to
improve SR 1169 to current NCDOT standards. The culvert will be placed below the existing
stream bed gradient so natural substrate can be re-established.
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 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 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/ncwetiands/strm!ide.htmi.
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.
N/A
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 to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://wwvv.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): 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)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
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* (square Impact
feet Multiplier Required
Mitigation
1 3
2 1.5
Total
' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
Page 7 of 8
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.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams See erosion control plan)
XH. 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.
No wastewater will be generated from the proposed project
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No N
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).
,v,
Applicant/Agent's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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