HomeMy WebLinkAbout20050233 Ver 1_Complete File_20050211wAr?Rpc
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February 11, 2005
Warren County
DWQ Project No. 050233
APPROVAL of 401 Water Quality Certification and TAR-PAMLICO RIVER RIPARIAN BUFFER
AUTHORIZATION
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. 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
secondary road improvements to SR 1159 (Dortch Road) from SR 1112 to end of state maintenance in Warren
County.
Impact Locations Stream Impacts (Linear Feet) Riparian Buffer Impacts (Square Feet)
Site 1 20 2,324 (1,409 Zone 1 + 915 Zone 2)
The project shall be constructed in accordance with your application dated received February 7, 2005. After
reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are
covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the
Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid
for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). 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.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
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.
Nose Carolina
Transportation Permitting Unit Nturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) 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.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) 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.
10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
11.) Pursuant to NCACI5A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
12.) 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.
13.) Placement of culverts and other structures in waters, streams, and wetlands must 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 stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) 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.
19.) For 10 linear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to
its preconstruction contours and revegetated with native vegetation.
20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. A post-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
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 Nicole Thomson at 919-715-3415.
S* Y,
/'Alan W. Klimek, P.E.
JEH/njt
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
NC DWQ Raleigh Regional Office
Central Files
File Copy
cACorrespondence\2005 SR Projects\DWQ050233\020905wgc.doc
.w STATE ° .
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
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
LYNDO TIPPETT
SECRETARY
Q?@f2odP= p
FLH 7 - i005
DENR - WATEF :;?.+AL<TY
MMMDS AND SiC K N iER BRANCH
Subject: Secondary road improvements to SR 1159 (Dortch Road) from SR 1112 to
end of state maintenance in Warren County. WBS element 5C.093028.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave
SR 1159 (Dortch Road) from SR 1112 to end of state maintenance in Warren County (Figure
1). Total project length is 0.26 miles. Transportation and highway laws of North Carolina
(G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to
develop annual work programs for construction and maintenance of secondary roads. These
general statutes specifically set forth requirements for annual construction and paving of
existing unpaved roads. Paving of these roads is performed in priority order as established by
the NCDOT for each unpaved road within a given county. This number is based on
characteristics of each road, including number of homes, schools, churches, businesses,
industries, recreational facilities, traffic counts, presence of school bus routes, and value as a
thoroughfare. SR 1159 is scheduled to be paved in the 2004-2005 Secondary Roads
Construction Program. PAYMENT
Impacts to Waters of the United States
RECEIVED
Site 1 - Waters of US
Construction at this site will impact an unnamed perennial tributary to Rocky Creek
(NCDENR-DWQ Index No. 28-79-3, Best Usage Classification C NSW; HUC 03020102)
(Figure 2) in the Tar-Pamlico River Basin. The existing structure that conveys the creek is a
36-inch reinforced concrete pipe that is 48 feet long (see Photographs 1 and 2). This pipe will
not be replaced. However, the last 4 ft joint will be reset. Permanent impacts at the site
associated with repairing this pipe and minimal amounts of rip rap to protect the newly
placed joint include 10 linear feet existing channel impacted. Please note that this impact is
from bank armoring only. There will be no new surface water fill associated with this
activity. The Site 1 work zone will be temporarily dewatered for approximately 3 days. This
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371
will involve the temporary placement of impervious dikes in the creek at the upstream and
downstream limits of construction. Either sand bags or sheet piling will be used as an
impervious dl-W:::; nce the stream has been dewatered, the joint will be reset. To maintain
water flow during construction, water upstream of the impervious dike will be temporarily
pumped out and conveyed around downstream of the impervious dike. Temporary
concurrent impacts to the stream from this activity will result in dewatering 10 linear feet of
stream. All materials used for the impervious dikes will be removed after construction.
Riparian Buffer Impacts
Site 1 - Buffers
The construction at this site involves a road crossing of a stream that is subject to the
Tar-Pamlico Riparian Buffer Rule. The unnamed perennial tributary to Rocky Creek at Site 1
is depicted on the most recent version of the Warrenton (1970) topographic quadrangle
(Figure 1). The NCDOT proposes to install temporary erosion and sediment control
devices in Zone 1 and Zone 2 of the riparian buffer. Specifically, temporary silt basins
temporary rock silt checks rock pie inlet sediment traps and temporary silt fences will
be used. The temporary structures will be removed once the vegetation has been
established and then seeded with a seed mixture of fescue and bahia grass. Please note
in Zone 2 (totaling 10 linear feet of riparian buffer impacts outside the Existing
Transportation Facility). Based on the impacts to the riparian buffer at this site, this
crossing is EXEMPT.
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.
Compensato Miti ation: No stream loss will result from resetting the last joint of the
existing pipe. Therefore, no compensatory mitigation is proposed.
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 Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon), Tar
spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii). The UT to
Rocky Creek at this site is perennial but it is within the headwaters of this drainage area and
3
does not provide suitable habitat for mussel fauna. Dortch Road is not adjacent to nor is it
surrounded by open water suitable of supporting foraging habitat for the bald eagle.
Therefore, based on the lack of suitable habitat observed during the 06/22/04 and 11/29/04
site visit, biological conclusions of No Effect have been rendered for each species.
Historical Compliance
This project has been screened by all pertinent parties to ensure historic compliance.
Summary
NCDOT proposes to upgrade and pave SR 1159 (Dortch Road) in Warren County.
No stream loss is proposed and therefore no compensatory mitigation is proposed for this
project. Impacts to the riparian buffers within the Tar-Pamlico River Basin are proposed.
However, based on the impacts to the riparian buffer at this site, this crossing is
EXEMPT.
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 recently been implemented between the NCDOT and
NCDWQ. This procedure will enable the Division to apply for the 401 WQC without
submitting a check for this permit application. This new procedure will provide payment
to the NCDWQ by charging the permit application fee of $200.00 directly to the
appropriate NCDOT WBS element 5C.093028. 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.
Sincerely,
jn?G. Nance, P.E.
Division Engineer
cc: Ms. Nicole Thomson, NCDWQ
Mr. Clarence Thompson
Mr. Steve Winstead, NCDOT
Ms. Katie Simmons
Photograph 2. View downstream of outlet at Site 1.
SR 1159 (Dortch Road) - Warren County
Photograph 1. View of outlet at Site 1.
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No 051023,3
(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 Pen-nit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance, P.E.
Mailing Address: 2612 N Duke St. Durham NC 27704
Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371
E-mail Address: JNance rr 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.)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 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: Proposal to reset last 4 ft joint of an existing pipe conveying unnamed
tributary to Rocky Creek in association with upgrading and paving SR 1159 (Dortch Road) in
Warren County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work
Order Number
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Warren Nearest Town Norlina
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Norlina take US 1 South
towards Middleburg. At Ridgeway make a_left onto SR 1112 (Axtell Road) then take the first
avel left onto SR 1159 (Dortch Road).
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.4298°N. 78.2363°W (Note -
If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.9 acre (Project is 0.26 mi long)
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Rocky Creek
8. River Basin: Tar Pamlico
(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/.)
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 bagriculture land and residences.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave, and erosion control at SR 1159 (Dortch Rd). The NCDOT will also dewater the
work zone during construction at the pipe repair site. Equipment may include excavator,
backhoe, bulldozer, grader, and crane.
11. Explain the purpose of the proposed work: The project is part of the secondary road paving
program. The existing gravel roadway will be paved with asphalt.
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.
None that are known for NCDOT activities.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts The project proposes to rest the last
4 ft joint of the existing structure Site 1. The NCDOT will also dewater the work zone
during construction.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
N/A
Page 3 of 8
* 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 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:/%www.fcma.cov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NONE
Total area of wetland impact proposed: NONE
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
Type of Impact*
Length of Impact
Stream Name** Average Width
of Stream Perennial or
Intermittent?
(Indicate on map) (linear feet)
Before Impact_
(please lease specify)
Reset 4 ft joint
(SW fill) 0 ft
Rip rap along
1 streambank for loft Rocky Creek 2.0 ft Perennial
stabilization only
Temporary
Dewatering 10 ft (concurrent)
List each impact separateiy and identity 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
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Site 1: 10 feet existing channel impacted (concurrent 10 feet temp impact from dewatering)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wateplicablee)
) 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.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Page 4 of 8
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.
All surface waters not affected by construction will be protected from unnecessary encroachment
during construction. Strict enforcement of Best Management Practices for the protection of
surface waters will be enforced during construction. Only the smallest amount of fill necessary
to complete the project will be placed in waters of the United States or protected riparian buffers.
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/stnngide.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,
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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, there will be no stream loss with this proposed activity
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wtp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
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Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Site 1
Zone* Impact Multiplier Required
(square feet Mitigation
1 1409 3 N/A
2 915 1.5 N/A
Total 2324 N/A
* Zone l 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.
N/A
XIS Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing: 0.57 acre impervious surface (18 foot wide gravel road) of 1.9 acre total project size.
Proposed: 0.63 acre impervious surface (proposed 20 foot wide asphalt paved road) of 1.9 acre total
project size. The erosion control plan for this project is designed for 900 cubic feet of storage per acre.
Erosion and sediment control devices along the project are comprised of temporary silt basins,
temporary rock silt checks, rock pipe inlet sediment traps, and temporary silt fences.
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.
The project will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
S'
Applicant/Agent' ignature Date
(Agent's signature is vali my if an authorization letter from the applicant is provided.)
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