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HomeMy WebLinkAbout20040566 Ver 1_Complete File_20040412?0F W A TFq Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O 'C DWQ Project No.: OL/05(plo County: ?rarlVi ??G Applicant: TO. lVaoce, Ak ITT IV 5 Project Name: -(5R I Ygo) Lee f ?.e seCw,1W4A41 roads lrta ".? r V11 Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40lfWetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certificatio I, _ To n, a. Lu , 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 o 401 Water Quality Certification and Buffer Rules, the a proved lans and specifications, and per su ltinKmaterials. /? Signature: / / // / &Vh ?i Date: Agent's Certificatio 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: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date S6-p?l ?006 NOSq psro%W Ali y AIFRQRMCH \o?uF vv r t FRpG April 27, 2004 Granville County DWQ Project No. 040566 APPROVAL of 401 Water Quality Certification Mr. J.G. Nance, Division Engineer NCDOT, Division 5 2612 N. Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 14 linear feet of streams for the purpose of widening and improving SR 1440 in Granville County. The project shall be constructed in accordance with your application dated April 8, 2004 (received April 12, 2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 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. 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. AC, Qo _ a? ay, ?,vvc?, - William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 O?O? W A T ? O 'C 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 as well as along the construction corridor within these boundaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 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 John Hennessy at 919-733-5694. cere , .. Alan W. Klimek, RE Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director c:\ncdot\SR 1440\wqc\040566 wqc.doc f N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE TO:...? ? --)L .4 REF. N . OR ROOM, BLDG. FROM: ,? ? -1`` ,'?? ?? REF. NO. OR ROOM, BLDG. AC O N ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: ..?,? m m rn ?-?? ^. 0 5 6 6 0 P o4 0 1 WETLANDS/ 401 GROUP ws? APP 1 2004 WATER QUALITY SECTION STATE off NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPET-[ GOVERNOR SECRETARY April 8, 2004 U.S. Artny Corps of Engineers Raleigh Regulatory Field Office 040,566 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeycr NCDOT Coordinator Subject: Secondary road improvements to SR 1440 (Lee Yancey Road) from SR 1400 (Grassy Creek Road) to SR 1441 (Propus Wilkerson Road) in Granville County. WBS element 5C.039011 for $200.00 401 WQC fee. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1440 (Lee Yancey Road from SR 1400 (Grassy Creek Road) to SR 1441 (Propus Wilkerson Road) in Granville County (Figures 1-3). Total project length is 1.262 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 1440 is scheduled to be paved in the 2004-2005 Secondary Roads Construction Program. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (9 19) 560-3371 . IV T Impacts to Waters of the United States Site 1 (60+49) - Waters of US Construction at this site will impact an unnamed intermittent tributary to Johnson Creek (NCDENR-DWQ Index No. 23-2-7-(1), Best Usage Classification C) (Figure 3) in the Roanoke River Basin. The existing structure that conveys the creek is an 18 inch reinforced concrete pipe that is 46.5 feet long (see Photographs 1 and 2). The proposed structure will be an 18 inch reinforced concrete pipe that is 50 feet long. Pennanent impacts at the site associated with the pipe extension and minimal amounts of rip rap to protect the new structure include 13.5 linear feet existing channel impacted. The work zone will be temporarily dewatered for approximately 3 days. This will involve the temporary placement of sand bags in the creek at the upstream and downstream limits of construction. Once the stream has been dewatered, the pipe will be placed. Due to the intermittent nature of the stream flow at this site the temporary pumping of water, from upstream and conveying it downstream, may or may not be necessary. Temporary concurrent impacts to the stream from this activity will result in dewatering 13.5 linear feet of stream. 'T'ile sand bags will be removed after construction. Please note that the bridge crossing Johnson Creek will not be replaced as a part of this secondary road project. No ditch realignment will take place along the approaches to this crossing. Therefore, no impacts will occur to Johnson Creek at this site. Consequently, STA 42+00 is not included as a permit site. Riparian Buffer Impacts The construction along this road project is within the Roanoke River basin. Therefore, no streams subject to riparian butter rules will be impacted. Waters of the U.S. 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 (luring construction to minimize impacts to these sites. Compensatory Mitigation: Construction of the project will result in only minimal impacts to waters of the United States. Impacts have been avoided and minimized to the maximum extent possible during the design process. Due to minimal impacts, compensatory mitigation for stream and buffer impacts will not be provided for this project. Photograph 1. View from below inlet. "` ! I ruutugrapu A. view arum veiuw uuuel. .14 ti •- ! rte,../ ? . ,?*.,_< !- . • ,,slU DDGF //////??(??? Crm f t V,J A En -- /?-?-a Project M_EV',k 6_ H `)•? c,. SITE 1 Lim 448 ;? 1U.a 400 'g n n ? ? ??? 'fir ?' i • •c jf ? r' _ l ;r-,:- `t . irf .•n \ %Jl ,? / ?f <' Greek . /Begin Project ISO .;ass ?' -- Creek ??? ?•«. ILgi Vk Project Study Area SR 1440 Lee Yancey Road Granville County Nelson USGS Topo Map (1968/1988) tt. N Project Study SR 1440 Lee Yan Granville Co USDA-SCS ( VA No. 2 1 Figure 2 1: 411. ly N -I- O z 0 L N CL o D ? O d U n U 4- L N 3 Cf) U) Q C O _ L. - Cl- LL N 0 U) 0 CL +- 0 4- L 0 a ?o I ? I I + I I ? I I '3 I I I to p c C _ 0 L ( p 4- p O 3 _ N C ? N L E o (D 4- U p O? Q' ? O 4-- ? N Q N I ID I I p ' T ; N I U I C I p I I O J I 0 ,Q- "T N C 'O ? RS C ? y. O u C O :., a? C O I .. ? V of V N f/? p ? O C C ._ p L ? N 4- 4- p O 3 N C N L E o a) 4- U 0 Y 3 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 Endangered Species Act. As of January 29, 2003, the dwarf wedgenlussel (Alasmidonta heterodon), bald eagle (Flaliaeetus leucocephalus), smooth coneflower (Echinacea laevigata), and harperclla (Ptilimniurn nodosunl) are listed as federally protected species in Granville County. [Ile UT to Johnson Creek at this site is inter?nittent and therclore does not provide suitable habitat for mussel fauna or harperella. Lee Yancey Road is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The roadway shoulders along Lee Yancey Road are heavily maintained from the gravel to the woods line, eliminating the possibility for smooth coneflower to exist in this area. Therefore, based on the lack ofsuitable habitat observed during the 11/26/03 and 03/30/04 site visits, 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 1440 (Lee Yancey Rd) in Granville County. Impacts are proposed to Waters of the United States include 13.5 linear feet existing channel impacted. The work zone will be temporarily dewatered for approximately 3 (lays. Temporary concurrent impacts to the stream from this activity will result in dewatcring 13.5 linear feet of stream. The sand bags will be removed after construction. The construction along this road project is within the Roanoke River basin. Therefore, no streams subject to riparian huller rules will be impacted and no buffer certification is required. 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 5003901 1. 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, / / L2 '" 144?- loe-Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. John Dorney, NCDWQ Mr. Mike Harris, NCDOT Mr. Battle Whitley, NCDOT Mr. Jeremy Goodwin, NCDOT at Y Office Use Only; ------------- -- Form version May 2002 040566 USACE Action ID No. DWQ No. (u any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 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, Christopher A. Murray Mailing Address:2612 N. Duke St., Durham, NC 27704 Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371 E-mail Address: cmurray(r dot. state. nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 16 [II. 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 USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed pipe replacement of a structure conveying an unnamed tributary to Johnson Creek in association with upgrading and paving; of SR 1440 (Lee Yancey Road) in Granville County. 2. T.I.P. Project Number or State Project Number (NCDOT Only):_ WBS Element No. 5C.039011 3. Property Identification Number (Tax PIN): N/A 4. Location County: Granville Nearest Town: Oxford Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Oxford take Hwy 96 North towards Virgilina At Kinton Fork take a right onto Cornwall Road, then follow Cornwall Road for approximately 10 miles to Jonathan Crossroads Make a right onto SR 1440 (Grassy Creek Road) then make a left onto SR 1440 (Lee Yancey Road). Site coordinates, if available (UTM or Lat/Long): Site 1: 36.5394°N, 78.6605°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.) 5. Property size (acres): 9.2 acre (Project is 1 262 mi long) 6. Nearest body of water (stream/river/sound/ocean/lake):- Site 1: Unnamed Tributary to Johnson Creek 7. River Basin: Roanoke (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/adinin/maps/.) Page 2 of 8 w 1 8. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Sites are surrounded by wooded areas and agriculture land. 9. Describe the overall project in detail, including the type of equipment to be used: Grade, drain, pave, and erosion control at SR 1440 (Lee Yancey Rd). The NCDOT will also dewater the work zone during, construction at Site 1. Equipment may include excavator, backhoe bulldozer, grader, and crane. 10. Explain the purpose of the proposed work: The project is part of the 2004-2005 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 pen-nits 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 Arc 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 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 See cover letter for a thorough description of the proposed impacts at Site 1. The NCDOT will also dewater the work zone during construction at Site 1. Page 3 of 8 jo 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Nearest Site Number Type of Impact* Impact 100-year Floodplain** Stream (linear Type of Wetland*** (indicate on map) (acres) (yes/no) feet) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, 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 1-800-3580616, or online at htti)://www.fcnia.Lov. *** 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: N/ Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length Impact Average Width Perennial or Site Number Type of Impact* r feet) (linear Stream Name** of Stream Intermittent? (indicate on ma) Before Impact___ (please secify) Pipe replacement 3.5 ft (46.5 ft to 50.0 ft pipe) Rip rap along Site 1 streambank for loft on Creek 1.5 ft intermittent Johnson stabilization only Temporary 13.5 ft (concurrent) Dewatering * 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, eta 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 1-800-3580616, or online at www.usus.gov. Several interact sites also allow direct download and printing of USGS maps (e.g., www.toporone.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 13.5 feet existing channel impacted (fill from pipe replacement and placement of rip rap along streambank for stabilization) and 13.5 feet concurrent temporary 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 Area of Name of Waterbody "Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma) acres bay, ocean, etc.) N/A • List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. Page 4 of 8 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 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 wetlands and surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of 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. USAGE - 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 Page 5 of 8 9 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://l12o.cnr.state.nc.us/ncwetiands/strnlt;ide.htm1. 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. 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/wrp/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, Page 6 of 8 ti 40 and must be clearly identifiable on the accompanving site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No N If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A Gone 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 213.0242 or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing: 3.2 acre impervious surface (21.5 foot wide gravel road) of 9.2 acre total project size. Proposed: 3.1 acre impervious surface (proposed 20 foot wide asphalt paved road) of 9.2 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 basin (Type B), temporary rock silt check (Type B), rock pipe inlet sediment trap (Type A) and temporary silt fence. 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 2H .0500) or any Buffer Rules? Yes ? No Page 7 of 8 dip Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A f7W •- Aar y P o? Applicant/Age Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8