HomeMy WebLinkAbout20041818 Ver 2_401 Application_20070622~ EarthTech
AY7~C0 International Ltd. Company
June 22, 2007
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality -Wetlands Group
2321 Crabtree Boulevard
Raleigh, NC 27604
701 Corporate Center Drive P 919.854.6200
Suite 475 F 919.854.6259
Raleigh, NC 27607 www.earthtech.com
o~-~gigV2 P~I~
Subject: Section 401 Water Quality Classification
2004 Sanitary Sewer System Improvements
Town of Louisburg
Louisburg, North Carolina
Earth Tech Project No. 84501
Dear Mr. McMillan:
Please find enclosed seven (7) copies of the Pre-Construction Notification Application form, one (1)
copy of the General Permit from the United States Army Corps of Engineers (USAGE), one set of
plans displaying wetlands that are in the project area and a check in the amount of $200.00 for the
permit fee. We request written concurrence from the Division of Water Quality (DWQ) that this
construction be allowed under Nationwide Permit 12.
The above referenced project, which was previously approved by the DWQ (DWQ Project Number
04-1818), will involve the installation of 8-inch to 18-inch sewers, including outfall and interceptor
sewers, which will extend sewer services to areas that are not currently served by the Town. In
addition to new sewers, this project will also involve taking an existing pump station out of service,
and conveying existing flows to the new interceptor.
The above referenced project has two (2) aerial stream crossings, temporarily impacting 80 linear
feet of streambed, and there will be 0.66 acres of temporary wetland impact and 0.18 acres of
permanent wetland impact. The USAGE is not requiring mitigation for this project.
At your earliest convenience, please review this submittal for approval and send us a letter of
approval for our files. If you have any question or need additional information, please do not
hesitate to call me.
Very truly yours,
Earth Tech of North Carolina, Inc.
~~
~~
Sean M. McLean, P.E.
Q~c~~od~D
JUN 2 Z 200!
tJENR - WAT'~R QiJALITY
1A~TLAMDS 140 STQ;i~+,yATER BRAIJCH
Enclosures
cc: Ed Wyatt, Town of Louisburg
Michael S. Acquesta, P.E., PhD.
Project File
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. O ~ - ~ Q ~ $ y 2
~u any parncwar item ~s not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal M n~Area of
Environmental Concern (see the top of page 2 for further details), check h ~~~
II. Applicant Information JUN 2 2 2007
1. Owner/Applicant Information -'~7~DSa~DS To;t!~a~i~RS~CH
Name: The Town of Louisburg
Mailing Address: 1 10 West Nash Street Louisburg North Carolina 27549-2526
Telephone Number: (919) 496-3406 Fax Number:_(919) 496-6319
E-mail Address: epatterson(a~nc.rr.biz.com
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 5 of 13
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: 2004 Santiary Sewer System Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A _
4. Location
County: Franklin Nearest Town: Louisburg
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): See Attached Documents
Stream crossing number 1 is near the baseball fields at Louisbur College to the left of the
end of College Street. Stream crossing number 2 is over the unnamed tributary that runs
west from the end of Allen Lane.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): See attached sheet °N See attached sheet °W
6. Property size (acres): See attached documents
7. Name of nearest receiving body of water: Tar River, Allen's Creek and unnamed
tributaries.
8. River Basin: Tar-Pamlico River Basin
(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: Land use is mostly undeveloped however there is some
residential development and there are athletic fields next to the site
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of installing sewer lines that will serve parts of the Town's ETJ in
addition to taking an aging_pump station out of service. A water line will also installed in the
eastern part of Town. Equipment to be used will be trackhoes backhoes dump trucks and
pipes will be delivered with tractor trailers.
11. Explain the purpose of the proposed work: The purpose of the project is to extend sewer
service to areas that do not have sewer service and to take an existing_pump station out of
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. Permits from the USCAE and NCDENR-DWO have issued permits for
this project before, (USACE Action ID Number: 200421591 200520033 NCDENR-DWO
Proiect No. 04-1818) and was not released for construction Most stream crossings will be
completed by boring beneath the streams however there will be two aerial crossings due to
constraint on the site. The total temporary wetland impacts will be 0 66 acres and the total
permanent wetland impacts will be 0.18 acres.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 7 of 13
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:
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due t~ h~th stn~ct,rre and fl~ndina
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Temporary Forested Wetland Yes 249 0.03
2 Temporary Forested Wetland Yes 293 0.01
3 Temporary Forested Wetland Yes 0 0.38
4 Temporary Forested Wetland Yes 499 0.12
5 Temporary Forested Wetland No 117 0.03
6 Temporary Forested Wetland No 60 0.06
7 Temporary Forested Wetland No 50 0.01
8 Temporary Forested Wetland No 238 0.02
9 Temporary Forested Wetland No 377 0.05
1 Permanent Forested Wetland Yes 249 0.01
3 Permanent Forested Wetland Yes 0 0.10
4 Permanent Forested Wetland Yes 499 0.03
5 Permanent Forested Wetland No 1 17 0.01
6 Permanent Forested Wetland No 60 0.01
8 Permanent Forested Wetland No 238 0.01
9 Permanent Forested Wetland No 377 0.01
Total Wetland Impact (acres) 0.89
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 8 of 13
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Len th
g Im act
p
indicate on ma
(~ Intermittent? Before Im act (linear feet) (acres
Stream I UT of Tar River Aerial Crossing Perennial 10 feet 40 0.009
Stream 2 UT of Allen's Creek Aerial Crossing Perennial 5 feet 40 0.005
Total Stream Impact (by length and acreage) 0.014
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredein~_ floodina_ drainaae hnikhearle eta
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres
Total Open Water Impact (acres)
6. )_,1St the CU171ulatlve 1mnaCt to all Waters cif the l 1_~_ recultinu from the nrniert•
Stream Im act (acres): 0.014
Wetland Im act (acres): 0.089
O en Water Im act (acres):
Total Im act to Waters of the U.S. (acres) 0.103
Total Stream Im act (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 9 of 1 i
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. Site shall be restored to pre-
construction contours a sedimentation and erosion control plan will be implemented, and
vegetated buffers along all streams shall be maintained. In some cases, construction easements
were modified such that wetlands would not be impacted in any way.
VIII. Mitigation
DWQ - In accordance with l5A 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 January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmaide.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.
Pagc 10 of i 3
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
]t 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.
Page I 1 of 13
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), I SA NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* I Impact I Required
Zone , ~_,~_~ ~ ~,~ Multiplier ,,,r...,.,.~.,..,
l 3,600 3 (2 for Catawba)
2 4,000 I.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within l SA NCAC 2B .0242 or .0244, or .0260.
Xl. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
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.
All wastewater that the sewers in this project will convey will be treated at the Town of
Louisburg Wastewater Reclamation Facility.
X111. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
is this an after-the-fact permit application? Yes ^ No
Page 12 of 13
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed project shall provide sewer service to existing residences. There are existing
subdivided undeveloped lots that would be able to be connected to the s. stem upon development
of those lots. Presently, the date these areas would be developed is unknown.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~
Applicant/Agent's Signature ~ Dlate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 3 3
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Coordinates of Aerial Crossings
Tar River Interceptor Sewer
Town of Louisburg
P&W Project No. 1635
Stream/Aerial Crossing No. 1
Northing: 857849.8617
Easting: 2205311.9532
Stream/Aerial Crossing No. 2
Northing: 860744.5567
Easting: 2204721.6788
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Action ID(s): 200421591
U.S. ARMY CORPS OF ENGINEERS ~ ~ "' ~ g ~ g V 2
WILMINGTON DISTRICT
.
County: Fran in
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Town of Louisburg
Attn: Ed Wyatt
Mailing Address: 110 West Nash Street
Louisburg, NC 27549 ~
Tele hone No.: 919-496-3406 D ~ ~ ~ ~~ ~,
P
JUN 2 ~ 2007
Authorized Agent: Earth Tech of North Carolina Inc.
Attn: Sean M. McLean, P.E. p~~y~ - MIVA7ER QUAL~TI'
Mailing Address: 701 Corporate Center Dr., Suite 475 +ItETIAnlp,~h;40STCNATERBRAPJCH
Raleigh, NC 27607
Telephone No.: 919-854-6253
Location of property (road name/number, town, etc.}: Utility line corridors generally following the Tar River and an
unnamed tributary, from SR 1229 (Main Street) on the south end, to Mumford Road on the north end; on the west side
of Louisburg, North Carolina.
Site Coordinates: 35.556°N 78.625°W USGS Quad: Louisburg
Waterway: unnamed tributaries to the Tar River River Basin: Tar HUC: 03020101
Description of projects area and activity (see page 2 for a summary of authorized impacts): Discharge of fill material for
excavation, bedding and baclorll for the 2004 Sanitary Sewer, 2004 Water, and Edgewood Drive Sewer System
Improvements, in accordance with the drawings submitted on 5/3/07.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and
your submitted plans. Any violation of the attached conditions or deviation from yow submitted plans may subject the permittee to a stop
work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have tweh~e (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified
below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his
discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 40I Water Quality Certification. You should
contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 40I requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or
local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Eric Alsmeyer at telephone (919) 876-8441, ext 23.
Corps Regulatory Official L~ Date: 6/5/2007 Verification Expiration Date: 6/5//2009
Copy Furnished: Earth Tech of North Carolina Inc.
Page 1 of 2
" ~ Determination of Jurisdiction:
,~
A. ^ Based on pre]iminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
B. ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section
10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
C. ^ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404
of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
D. ®The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 10/20/2004; AID 200421591.
Summary of Authorized Impacts and Required Mitigation
I~TWP / O en Water (ac) Wetland ac Unim ortant Steam (1 Im ortant Stream 1
Action II~ # GP # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200421591 12 0.71 0.18 80
Im act Totals 0 0 0.71 0.18 0 0 80 0
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 0
Re wired Wetland Miti ation ac) Re wired Stream Miti ation If)
Additional Remarks and/or Special Permit Conditions:
Note: This verification replaces the previous verifications dated 10/20/2004 & 12/13/2006 (AID'S 200421591 and
200520033)
No compensatory stream/wetland mitigation is required.
Page 2 of 2
WILMINGTON DISTRICT
' ~ POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200421591
County: Franklin
Permittee: Town of Louisburg; 2004 Sanitary Sewer, 2004 Water, and Edgewood Drive Sewer System Improvements;
On the west side of Louisburg, North Carolina.
Date Permit Issued: 6/5/2007
Project Manager: Eric Atsmeyer
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance
with the terms and condition of the said permit, and required mitigation was completed in accordance with the
permit conditions.
Signature of Permittee
Date
Regional Conditions 6-2007
Final Regional Conditions for Nationwide Permits in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina aze
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires aPre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Cazolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2. 4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any N WP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland conununity types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bo s Piedmont Bo s
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(S ruce Subt e)
Southern Appalachian Bog
orthern Subty e)
Southern Appalachian Bog
Southern Subt e
Southern A alachian Fen
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
3.2 Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than I50 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN}. This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not
limited to, granite, marl, or broken concrete.
5
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV} are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #5 -Scientific Measurement Devices
4.1.1. All weirs and flumes authorized by this NWP must be removed immediately upon
completion of their intended use.
4.1.2. Weirs and flumes are not authorized by this NWP in areas identified by the North
Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources
Commission (NCWRC) as anadromous fish spawning areas, designated "Inland Primary Nursery
Areas" or Public Trout Waters.
4.2 NWP #7 - Outfall Structures and Maintenance
4.2.1. The applicant must employ the best available means when using any associated intake
structure, including determining its site, design, and technology (e.g., screening) in order to
minimize entrainment or impingement offish and other aquatic life.
4.2.2. This NWP cannot be used to authorize any ocean outfall structures unless the Corps
receives written verification that the proposed project is consistent with the North Carolina
Coastal Management Program or has received a CAMA permit.
4.3 NWP #12 -Utility Line Activities
4.3.1. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
extent practicable with native species of canopy, shrub, and herbaceous species. Fescue grass
shall not be used.
4.3.8. For the purposes of this NWP, any permanently maintained corridor along the utility
ROW shall be considered a permanent impact and a compensatory mitigation plan will be
required for all such impacts associated with the requested activity.
4.3.9. Use of rip-rap or any other engineered structures to stabilize a stream bed should be
avoided to the maximum extent possible.
4.4 NWP # 13 -Bank Stabilization
4.4.1. Unanchored trees, treetops, or debris may not be used as stream bank stabilization
material.
4.4.2. Properly anchored and cabled structural stabilization techniques, such as timber crib
structures, revetments, and root wads, are acceptable materials to stabilize stream banks.
4.5 NWP #14 -Linear Transportation Crossings
4.5.1. Applicants shall employ natural channel design (see definition below) to the maximum
extent practicable for stream relocations. In the event it is not practicable to employ natwal
channel design, any stream relocation shall be considered a permanent impact and the applicant
shall provide a mitigation plan to compensate for the loss of aquatic function associated with the
proposed activity.
Natural Channel Design: A geomorphologic approach to stream restoration based on an
understanding of valley type, general watershed conditions, dimension, pattern, profile,
hydrology and sediment transport of natural, stable channels (reference condition) and applying
this understanding to the reconstruction of a stable channel.
4.5.2. Bank-full flows (or less) shall be accommodated through maintenance of the existing
bank-full channel cross sectional area. Additional culverts at such crossings shall be allowed
only to receive flows exceeding bank-full.
Approach FiIl
Roadway
Culvert buried
Bankfull below srneambed
- - - - - ~ bo ~pmpriate
depth (ifrequiredl.
Baffle/ Stream
Blockage Bottom
4.5.3. Where adjacent floodplain is available, flows exceeding bank-full should be
accommodated by installing culverts at the floodplain elevation.
9
4.9.4. Discharges of dredged or fill material into waters of the US, including wetlands, within
the mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWP.
4.9.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
4.10 NWP #33 -Temporary Construction, Access and Dewatering
The required restoration plan must include a timetable for restoration activities.
4.11 NWP #35 -Maintenance Dredging of Existing Basins
No excavation of special aquatic sites, such as submerged aquatic vegetation (SAV) areas and
wetlands, is permitted.
4.12. NWP #36 -Boat Ramps
4.12.1. Boat ramps will not extend farther than twenty (20) feet waterward from the mean high
water (MHW) elevation contour in tidal areas or from the normal water level elevation contour
in nontidal areas.
4.12.2. Boat ramps will not be sited over areas of submerged aquatic vegetation, or sited in areas
where boating activities may result in either direct or indirect disturbance or loss of SAV.
Applicants are encouraged to contact the NCDCM, NCDMF or the NMFS for assistance in
determining the presence of SAV.
4.13 NWP # 39 -Commercial, and Institutional Developments
4.13.1. Discharges in wetlands and in perennial streams for stormwater management facilities
are prohibited under this NWP.
4.13.2. Recreational facilities, if they are incorporated into and serving an entire commercial or
institutional development can be authorized by this NWP.
4.13.3. Discharges of dredged or fill material into waters of the US, including wetlands, within
the floodway, resulting in permanent above-grade fills are not authorized by this NWP.
4.16.1. Discharges of dredged or fill material into waters of the US, including wetlands, within
the floodway, resulting in permanent above-grade fills are not authorized by this NWP.
4.16.2. Discharges of dredged or fill material into waters of the US, including wetlands, within
the mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWP.
4.16.3. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
4.17 NWP # 43 - Stormwater Management Facilities
4.17. 1. Discharges into wetlands and in perennial streams for stormwater management facilities
are prohibited under this NWP.
4.17.2. Discharges of dredged or fill material into waters of the US, including wetlands, within
the floodway, resulting in permanent above-grade fills are not authorized by this NWP.
4.17.3. Discharges of dredged or fill material into waters of the US, including wetlands, within
the mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWP.
4.18 NWP # 44 -Mining Activities
4.18.1. The pre-construction notification (PCN) must include a delineation of the affected special
aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation,
seagrass beds), and riffle and pool complexes.
4.18.2. Discharges of dredged or fill material into waters of the US, including wetlands, within
the floodway, resulting in permanent above-grade fills are not authorized by this NWP.
4.18.3. Discharges of dredged or fill material into waters of the US, including wetlands, within
the mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWP.
4.18.4. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
13
4.21.3. This NWP does not authorize any activity which impacts Submerged Aquatic Vegetation.
4.21.4. This NWP does not authorize the discharge of any earthen fill material into any waters of
the United States.
4.21.5. This NWP may not be used to authorize the discharges of dredged or fill material into
wetlands, including Coastal Wetlands as defined by North Carolina's Coastal Area Management
Act.
NC DIVISION OF WATER QUALITY -GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/40I Certification Unit at (919) 733-1786 or access the following website:
http://h2o.enr.state.nc.us/ncwetlands/certs.html
NC DIVISION OF COASTAL MANAGEMENT -STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER OUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://www.saw.usace.army.mil/WETLANDS/N WP2007/EBCI-certs.html
Citati~ns~
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register /Vol. 72, No. 88 /Tuesday, May 8,
2007 !Notices p.26082
2007 SAW Regional Conditions -Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.usace.army.mil/WETLANDS/N WP2007/nationwide-permits.html
l5