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Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
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
June 23, 2006
DWQ# 06-869
Stokes County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Thorpe:
The North Carolina Department of Transportation has our approval to conduct buffer and riparian restoration, and
stream and wetland enhancement activities, in accordance with the attached conditions at the Martin Mitigation Site
conservation easement situated adjacent to NC 704 in Stokes County, near Lawsonville, as described in your application
received by the Division of Water Quality on May 26, 2006.
After reviewing your application, we have determined that this activity is covered by General Water Quality
Certification Number 3495, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of Engineers.
In addition, you should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in
the attached certification, as well as the additional conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
¦ Approximately 7710 linear feet of enhancement along Little Peters Creek consisting of removing cattle
and planting a riparian buffer;
¦ Approximately 1070 linear feet of enhancement along an unnamed tributary (UT2) to Little Peters Creek
consisting of removing cattle and planting a riparian buffer;
• Approximately 720 linear feet of enhancement along an unnamed tributary (UT2) to Little Peters Creek
consisting of restoring dimension and bedform, and stabilizing the confluence of Little Peters Creek and
UT2; and
Approximately 0.1 acre of wetland enhancement through planting native wetland species.
No Caro ina
Naturallly
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:www.ncwaterguality.org
Customer Service Number: 1-877-623-6748
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June 23, 2006
Page 2
2. This certification is issued specifically to approve in-stream, wetland and riparian activities. This work is being
conducted as buffer replacement requirements related to NCDOT projects B-3045 and B-2639. This certification
does not approve specific mitigation credits for any stream enhancement conducted as part of this project.
Approval for stream mitigation credits from this site will require further discussions between NCDOT abd
regulatory agencies.
3. If any mussels are observed in the work area during stream construction, professional identification should be
provided by a certified mussel biologist prior to continuing work to ensure that impacts will not occur to federally
listed mussel species.
4. If in-stream activities along UT2 are constructed during warm water fish spawning season, the activities shall be
accomplished in the dry while maintaining current active stream flows.
5. Natural Resource Conservation Service NRCS approved cattle ford designs must be used for any wet crossings.
Concrete or other flat crossings or aprons must provide aquatic life passage.
6. 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.
7. 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 measures in wetlands or waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land Resources
has released the project.
8. 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.
9. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
10. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established
in the culvert following installation and to provide aquatic life passage during periods of low flow. These
measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced,
and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow
'tregory J. Thorpe, PhD
June 23, 2006
Page 3
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
11. 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.
12. 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.
13. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the address
listed on the form. Along with the Certificate of Completion, please send photographs showing all restored
stream reaches.
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 Sue Homewood in the DWQ Winston-Salem Regional Office at (336) 771-4964 or
sue.homewood@ncmail.net.
Sincerely,
Alan W. Klimek, P.E.
Attachments
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Kathy Matthews, US EPA
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Marissa Rodman, NCDOT PDEA
Diane Hampton, NCDOT Division 9 DEO
DWQ Winston-Salem Regional Office
DWQ 401 Transportation Unit
DWQ Central Files
14014
MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
May 18, 2006
WL
Subject: Request for Nationwide Permit 27, Section 404 and 401 for the
Martin Mitigation Site in Stokes County for
TIP No. B-3045
State Project 8.1640901, $475.00 to Work Order
WBS Element 32835.1.1
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MAY 2 3 2006
Winston-Salem
Regional Office
LYNDo TIPPETT
SECRETARY
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Dear Sir:
x,. NCDOT purchased a Conservation Easement on the Martin property for buffer
mitigation requirements related to B-3045 and B-2639. The Martin Site is located near
Lawsonville in Stokes County. The property is adjacent to NC 704 and Little Peters
Creek serves as the majority of its eastern property boundary. Two unnamed tributaries
to Little Peters Creek can be found on the property as well as a 0.1-acre jurisdictional
wetland.
The NCDOT proposes to enhance approximately 720 linear ft. of UT2 to Little
Peters Creek as described in the Buffer and Stream Mitigation Plan for Little Peters Creek
(Martin Site) dated August 2005. The mitigation plan and site construction plans have
been previously provided to regulatory personnel. The mitigation plan consists of
enhancing UT2 through restoring dimension and bedform, stabilizing the confluence of
UT2 and Little Peters Creek through re-alignment and cutting a bankfull bench,
enhancing approximately 7710 linear ft. of Little Peters Creek and 1790 linear ft. of UT2
by removing cattle and planting a riparian buffer, and enhancing a 0.1 acre jurisdictional
wetland through planting native wetland species. As shown in the construction plans,
cross vanes will be installed in the channel as needed for grade control. The channel will
be stabilized with matting and live stakes will be placed along the banks during the
dormant season. The floodplain will be graded and planted with an appropriate mix of
US Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
ATTN: John Thomas
NCDOT Coordinator
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
NATURAL ENVIRONMENT UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: 919-715-1334 or
919-715-1335
FAX: 919-715-5501
LOCATION:
PARKER LINCOLN BUILDING
2728 CAPITAL BLVD. SUITE 240
RALEIGH NC 27604
WEBSITE: WWW.NCDOT.ORG
woody species. The existing ford crossing on UT2 will be replaced with a dry crossing
consisting of four 36" RCPs. Also, a new ford crossing will be installed downstream of
the dry crossing within the enhancement area of UT2.
All above work will be done in the dry utilizing a pump around as shown in the
Martin Site construction plans.
Regulatory Approvals
Application is hereby made for a Department of the Army Nationwide Permit 27
and a 401 Water Quality Certification 3495. In compliance with Section 143-215.3D(e)
of the NCAC we will provide $475 to act as payment for processing the Section 401
permit application previously noted in this application (see Subject line).
We are providing five copies of this application to the North Carolina Department
of Environment and Natural Resources, Division of Water Quality, for their review.
Thank you for your assistance with this project. If you have any questions, please
contact Marissa Rodman at (919) 715-1492.
Sincerely,
Grego J. Thorpe,.Ph.D.Environmental Management Director
Project Development and Environmental Analysis Branch
CC: Ms. Sue Homewood, NCDWQ
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Ms. Kathy Matthews, USEPA
Mr. Jamie Lancaster, NCDOT NEU
Ms. Diane Hampton, NCDOT Division 9
NJ- UOUL of tNK
MAY 2 32006
Winston-Salem
Regional Office
Office Use Only:
USACE Action ID No.
Form Version April 2001
No20060869
.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27
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 (see section VIII - Mitigation), check here: ?
Applicant Information
1. Owner/Applicant Information
Name: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: North Carolina Department of Transportation
1548 Mail Service Center Raleigh, NC 27699-1548
Telephone Number: 919-733-3141 Fax Number: 919-733-9794
E-mail Address:
2. Agent 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:
Page 3 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 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: Martin Site
2. T.I.P. Project Number (NCDOT Only): B-3045 and B-2639
3. Property Identification Number (Tax PIN): No. 602100630965 and 602100758046
4. Location
County: Stokes Nearest Town: Lawsonville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Located 0.5 miles east of the
intersection of Creasy Road (SR 1438) and NC HWY 704. From Raleigh: take HWY 220 N
to 311/704 N near Madison, stay on 704. Site is on the right approximately 3.5 miles after
the intersection of Hwy 8.
5. Site coordinates, if available (UTM or Lat/Long)
(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. Describe the existing land use or condition of the site at the time of this application:
Pastureland used for cattle and hay production. Site contains Little Peter's Creek and two
unnamed tributaries. Both have narrow riparian buffers and cattle have previously had
access to the streams and are currently partially restricted.
7. Property size (acres): two parcels totaling 177.1 acres, conservation easement on 19.3 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Little Peters Creek, UT 1 and UT 2
9. River Basin: Roanoke - Upper Dan River
(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 4 of 12
10. Describe the purpose of the proposed work: to enhance approximately 720 linear ft. of UT2
through restoring dimension and bedform, to stabilize the confluence of UT2 and Little
Peters Creek through re-alignment and cutting a bankfull bench and to enhance
approximately 7710 linear ft of Little Peters Creek and 1790 linear ft. of U12 by removing
cattle and planting a buffer, and to enhance 0.1 acre jurisdictional wetland through planting
native wetland plant species.
11. List the type of equipment to be used to construct the project: Heavy duty construction
equipment
12. Describe the land use in the vicinity of this project: Rural farmland and low density
residential
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.
Wetlands on the site were delineated, flagged and mapped in November 2003. The total wetland
acreaize on the site is 0.1 acres.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 5 of 12
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
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 limited to: mechanized clearing, grading, fill,
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 (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 littp://www.feina.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.1 acres
Total area of wetland impact proposed: none
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width of
Stream Before
Impact Perennial or
Intermittent?
(please specify)
1 Enhancement 720 Lower reach of UT 2 11.5 - 16.8 ft 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
Page 6 of 12
www.usV's.P'ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www tupozonc.com,
www.mapouest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 720 feet
2. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) Wat) 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: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
3. 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.
The impacts are due to plans to enhance UT2 through modification of cross-sectional dimensions,
bedform, and stabilization of its confluence with Little Peters Creek. These activities will
eventually aid in returning this reach to its natural, and more stable, form.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
The Buffer and Stream Mitigation Plan for Little Peters Creek (Martin Site) dated August
2005 and the Stokes County Buffer and Stream Mitigation construction plans (updated 5/06
based on comments from the agency meeting on 4/04/06) describe the stream mitigation and
buffer plans in detail. Both documents have been previously provided to agency personnel.
In general, the plan consists of re-establishing the natural, stable dimension and bedform of
UT2 and stabilizing its confluence with Little Peters Creek through cutting a bankfull bench
and re-alignment. These enhancement activities cover approximately 720 linear ft. The
floodplain of the stream will be established through grading and replanted with appropriate
woody species. Revegetation is planned for the entire project including the approximate 0.1-
acre wetland. The plans also include conversion of an existing ford crossing tv crossing
on UT2, installation of a new ford crossing on new location on UT2 and fencing out the
cattle.
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://h2o.enr.state.nc.us/wrp/index.htni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 N
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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)
Page 9 of 12
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
Total
* Zone I 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.
XI. Stormwater (DWQ Only)
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.
NCDOT BMP's will be utilized during project construction.
XII. Sewage Disposal (DWQ Only)
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.
N/A
XIII. Violations (DWQ Only)
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
Page 10 of 12
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).
$ to
Applicant/Agent's Signature - bate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
C?CoG73
-N e5eS
°l North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit ?J
NCDWQ Wetlands and Stormwater Branch p 9 ow
U
Q u
FROM: Ron Linville, Regional Coordinator Z JUN _ 9 2006
Habitat Conservation Program
DENR - WATER QUALITY
DATE: June 5, 2006 WETLANDS AND STORMWATER BRANCH
SUBJECT: Martin Mitigation Site, TIP No. B-3045 & B-2639, DWQ No. 060869, Little Peters
Creek and Unnamed Tributary Thereof, Stokes County
NCDOT is requesting a 401 Water Quality Certification from the North Carolina Division of Water
Quality to perform stream enhancement and restoration activities on portions of Little Peters Creek north
of NC 704. The NCWRC has reviewed information provided by the applicant, and field biologists on our
staff are familiar with habitat values of the project area. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d).
The proposed project will enhance about 720 linear feet of a tributary (UT2) on the Martin Site by
restoring dimension and bedform and stabilizing the confluence with Little Peters Creek. The project will
enhance approximately 7710 feet of Little Peters Creek plus enhancement of 1790 linear feet of UT2 by
removing cattle, provision of riparian buffers and enhancement of a small wetland (0.1 acre) using
autochthonous plants. Natural channel design and live stake/matting (stabilization) will be provided. In
addition, an existing ford crossing will be replaced with a dry crossing (four 36" RCPs) and a new ford
will be provided within the UT2 enhancement area.
Based on an in office review of the project area, the site appears to be in or near Little Peters Creek Bluff,
a Significant Natural Heritage Area (1839) and above a known site for the Riverweed darter, Ethostoma
podostemone (NCSC) near NC 704 and Little Peters Creek. This darter is believed to be a host species
for the James spinymussel, Pleurobema collina (FE) although this area probably does not provide suitable
habitats for the mussel and none are known for the specific area.
After review of the project proposal, improved aquatic habitats should be forthcoming. Accordingly, we
will not object to the mitigation project providing the following non-prioritized recommendations are
implemented to the extent practicable:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: (919) 707-0220 - Fax: (919) 707-0028
Martin Mitigation, Little Peters Creek -Page 2 - June 5, 2006
1. The project should be accomplished in the dry while maintaining current active stream flows
if the project is accomplished during warm water fish spawning season.
2. If concrete will be used, work must be accomplished so that wet concrete does not contact
stream water.
3. Generally, bridges are recommended for all permanent crossings to eliminate the need to fill
and/or culvert active floodplains. Bridges should be the standard practice where significant
natural resources like trout, listed species, or site limitations like bedrock exist. Floodplain
capacities and floodplain functions must be maintained with bridges and culverts. If culverts
or pipes must be used instead of bridges, culverts should be designed and installed to allow
passage of aquatic organisms. Culverts 48" or larger must be buried at least a foot (12")
below the streambed. Culverts less than 48 inches diameter must be buried to a depth equal
to or greater than twenty (20) percent their size to provide aquatic life passage. These
measurements must be based on natural thalweg depths. Culverts should be situated so that
no channel realignment or widening occurs. Widening of the stream channel at the inlet or
outlet of structures causes a decrease in water depth and velocity resulting in increased
sedimentation and diminished aquatic life passage. Where multiple barrels are used, the base
flow barrel should be installed as indicated above while additional barrels should be placed so
that their bottoms are located on the active bankful elevation. These bankful barrels must be
connected to active floodplain benches to ensure/provide natural dimensions for the base flow
channel with sufficient water depth during low water and drought conditions to accommodate
movement of aquatic species.
4. Natural Resource Conservation Service (MRCS) approved cattle ford designs must be used
for any wet crossings. Concrete or other flat crossings or aprons must provide aquatic life
passage as described above for culverts.
5. Any riprap used must not be placed in the streambed or in a manner to impeded aquatic life
movement during low flow or drought conditions.
6. If any mussels are observed in the work area during stream construction, professional
identification should be provided by certified mussel biologists prior to continuing work to
ensure that impacts will not occur to federally listed mussel species.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Ec: John Thomas, USACOE-RRO
Marla Chambers, NCWRC
Marella Buncick, USFWS-ARO
Kathy Matthews, USEPA
Diane Hampton, NCDOT