HomeMy WebLinkAbout20041577 Ver 1_Complete File_20041217A74LA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
December 17, 2004
DWQ Project # 04-1577
County: Franklin
Page 1 of 3
Mr. Charles Murray, Jr., Interim County Manager
Franklin County
113 Market Street
Louisburg, NC 27549
Subject Property: Franklin County Airport
Big Branch Creek [03-02-01, 28-29-6, C NSW]
APPROVAL of Tar-Pamlico River Buffer Rule (15A NCAC 02B .0259) Authorization
Certificate
Dear Mr. Murray:
You have our approval, in accordance with 15A NCAC 02B .0259 and any conditions listed
below, to impact approximately 9,000 ft2 of Zone 1 and 47,886 ft2 of Zone 2 of the protected
riparian buffers for the purpose of clearing at the subject property as described within your
application dated September 22, 2004 and received by the Division of Water Quality on
September 24, 2004 and all additional information submitted and received on October 19, 2004.
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control and Non-discharge regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization and approval letter
and is thereby responsible for complying with all conditions. This approval requires you to
follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna
Phone: 919-733-1786 / FAX 919-733.6893 / Internet: htto://h 2o. en r. state.nc.us/ncwetlands Na1ural&
Mr. Charles Murray
Page 2 of 3
12/17/04
Amount Approved
(Units) Plan Location or Reference
Buffers 56,886 (square ft.) CG-1
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0259(5).
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B.0259.
4. Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2 of the
protected buffer. This activity is designated as "exempt" under the Buffer Rule provided that
fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed
areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised.
5. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing
the proper design, installation and operation and maintenance of such Best Management
Practices:
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual.
The devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor-owned or leased borrow pits associated with the
proj ect.
Mr. Charles Murray
Page 2 of 3
12/17/04
6. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction Notification.
All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0259. If you have any questions or would like a copy of the buffer rules, please call
(919) 733-1786. This letter does not authorize any impacts to either Waters of the United States
or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
AW Kldae
Enclosures: Certificate of Completion
cc: DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Sincerely,
Al W. Klimek, P.E.
File Copy
Central Files
Brigid Z. Williams-The LPA Group of NC, 4904 Professional Court, Suite 201, Raleigh,
NC 27609
Filename: 041577FranklinAirport(Franklin) BA
SENDING CONFIRMATION
DATE DEC-17-2004 FRI 15:48
NAME DWQ-WETLANDS
TEL 9197336893
PHONE : 99541345
PAGES : 4/4
START TIME : DEC-17 15:47
ELAPSED TIME : 01' 20"
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street AddreAS: 2321 Ci ablree Boulevard, Suite 250
italeigh, NC 27604-2260
Mailing Address: 1650 Mail Srrvice Cenm
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to Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
Fax To: lei o U?l ?' j C _ \ Fax #: Ci (Cl C1
Company: i?C L- Date:
Number of pages including cover sheet: C'
Notes or special instructions:
401 OversightlExpress Unit
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
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Triage Check List
Date: `l Project Name: K //c, C6
DWQ#:
County: Fl-a, `C' )Ili
To: ? ARO Kevin Barnett
? FRO Ken Averitte
?
4RO Alan Johnson
,
L'?f RRO Mike Horan
From: Ol t
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on kW to,,pcnaps
? El nimization/avoidance ' s
Buffer Rules Neuse, r-Paml o Catawba RandlemSh
? Pond fill
L.
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? Mitigation Ratios
? Ditching
El ,°
Are the stream and or wetland mitigation sites available hritTe?-
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: o W2 C46 1Mt"Ve ?,/
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? )1) C 6? Sri ?/ a---,
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? WaRO Tom Steffens and Kyle Barnes
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No 4 15-7
(If any particular item is not applicable to this project, please enter "Not Appucame or NCH .)
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:
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 p (? O V D
1. Owner/Applicant Information SEP 2 4 2004
Name: Mr. Charles Murray Jr Interim County Manager
Mailing Address: Franklin County BEIM - W PPR rims. n v
Louisburg North Carolina 27549
Telephone Number: (919) 496-3182 Fax Number: (919) 496-2683
E-mail Address: cmurray(a)co franklin.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: Mr. James Farthing
Company Affiliation: The LPA GROUP of North Carolina, P.a.
Mailing Address: 4904 Professional Court
Suite 201
Raleigh North Carolina 27609
Telephone Number: (919) 954-1244 Fax Number: (919) 954-1345
E-mail Address: jfarthing(a lpagroup com
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: Obstruction Clearing
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Franklin Nearest Town: Royal
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh, north on US 401.
Turn right onto M.C. Wilder Road (SR 1706). Turn left onto Sam Horton Road (SR 1704).
Project is near the intersection of Sam Horton Road and the Airport access road.
5. Site coordinates, if available (UTM or Lat/Long): 36°01'24.05"N / 78°19'48.98"E
(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): 357
7. Nearest body of water (stream/river/sound/ocean/lake): Big Branch 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.ne.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: The existing site is gently sloping with an increasing drop in
elevation towards Big Branch Creek and the upstream pond that feeds the Creek. _ A large
portion of the area was once farmland/grazing land and is currently over grown with tall
grass and shrubs. Approximately half of the area for the project is covered in forest.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: This
project will consist of clearing and grubbing approximately 50 acres of property purchased
by the county for the Airport. There will also be approximately 3.5 acres of tree topping
conducted within the Riparian Buffers of an existing stream which runs through the property.
All disturbed areas will be seeded and mulched Topping of trees within the Buffer areas
will be performed manually. No mechanized equipment will be allowed within the area to
prevent disturbance to the surrounding soil and vegetation.
11. Explain the purpose of the proposed work:
This work is being performed to comply with FAA safety regulations regarding the slope of
the approach into the Airport.To minimize risk to life and property, the FAA requires that
the area extending beyond the end of the runway, known as the Runway Protection Zone
(RPZ be e kept clear of any manmade objects or vegetation. The RPZ extends at a 50:1 slope
from the Runway for this Airport.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No prior permits have been requested
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.
There will be no further permit requests for this project
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 7 of 13
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: There will be no wetland or stream
impacts from this project All clearing will be done from the top of the stream banks
outward.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* 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 htty://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) 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:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.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:
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 8 of 13
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) War) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
To comply with FAA regulations for this area complete avoidance of impacts to the Riparian
Buffers was not possible To minimize impacts to the Riparian Buffers the project was
modified to include only selective hand clearing in the buffer areas.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 13
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina 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/M/ind.ex.httn. 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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?
Page 10 of 13
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 Tar-Pamlico )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Miti ation
1 92,448 3
2 60,118 1.5
Total 152,566
* Zone 1 extends out 30 feet perpendicular trom near oanx or cnannei; Lone L emenus all
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 11 of 13
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.
This project will not affect the existing amount of impervious area on the Airport property as a
whole or on the site of project
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.
Page 12 of 13
XIII. 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
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).
/lam.--.J/
gal
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Applicant/Agent's Signature V Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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01BY_
0 0 ?9 William G. Ross Jr., Secretary
Off' *^ys QG North Carolina Department of Environment and Natural Resources
Uj i 7 Alan W. Klimek, P.E. Director
r- Colleen H. Sullins, Deputy Director
Division of Water Quality
September 16, 2004
TPBRRO # 04-251
Franklin County
Pagel of 2
The LPA Group of NC, PA
Brigid Z. Williams
4904 Professional Court
Suite 201
Raleigh, NC 27609
SEP 2 0 20-05
Subject Property: Franklin Co. Airport Off Sam Horton Rd. (SR 1704) U111-1 I ?`? '
Big Branch Creek (28-29-6, C NSW, 030301) Um"nno ----•------------ .,.-....
On-Site Determination for Subjectivity to the Ter-Pamlico River Riparian Area Protection Rules
(15A NCAC 2B.0259)
Dear Ms. Williams:
On September 15, 2004, 1 met with you to conduct an on-site determination to review a stream feature(s)
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259) as
well as review the proposed project consisting of the clearing of trees within the riparian zone due to
safety issues. Feature(s) "A° is indicated on the attached map initialed by me on 9/16/04.
The Division of Water Quality (DWQ) has determined that the surface water labeled as A,
(including the pond) on the attached map is Subject to the Tar-Pamlico Buffer Rule. These
feature(s) listed above and their associated buffers should be identified on any future plans for this
property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on-site determination shall expire
five (5) years from the date of this letter.
Please notify the Division of Water Quality, 401 Wetlands Unit with (2) copies of the site plan along with
(2) copies of the Pre-Construction Notification application filled out in its entirety and send to Bob Zarzecki
of the 401 Wetlands Unit
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request
for a determination by the Director shall be,referred to the Director in writing c/o John Dorney, DWQ Wetlands/401
Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" a surface water from the buffer rude may ask for an ad judicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is
notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that
third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60
days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any
additional questions or require additional information please call me at (919) 571-4700 or Bob Zarzecki at (919)-
733-9726.
Raleigh Regional Office 1628 Mail Service Center `vl:[Ei'v phone (919) 571-4700 Customer Service
Water Quality Section Raleigh, NC 27899-1828 facsimile (919) 571-4718 1-877-623-6748
Ms.. Brigid c. wwwrns
9/16/2004
Page 2 of 2
cc: DWQ 401 Wetlands Unit
File Copy
Central Files
Land Quality
Sincerely,
ow
Michael Horan,
Environmental Specialist
DWQ, Raleigh Regional Office
TPBRRO # 04-0251
9/16/04
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Triage Check List
Date: l / a 1C) `f Project Name: F,-Ik C
DWQ#: D /s
County: F-? k
To: ? ARO Kevin Barnett
? FRO Ken Averitte
El O Alan Johnson
lK RRO Mike Horan
1
From: (fl? f
? WaRO Tom Steffens and Kyle Barnes
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? imization/avoidance ' s
Buffer Rules (Neuse, -Pa o, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
'5 ?-_ U 5 5 i
1 Q',OC c6_ )ml' 1/ ?.O/
?P) Cdr S??f?
SO
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.l'e---)Wt ?i
THE LPA GROUP of North Carolina, p.a.
ILF1
Transportation Consultants
4904 PROFESSIONAL COURT, SUITE 201 ¦ RALEIGH, NORTH CAROLINA 27609 ¦ 919-954-1244 ¦ FAX 919-954-1345
October 18, 2004
Ms. Cyndi Karoly
North h Carolina G ?
North Department of Environment and Natural Resources (IK04 19
D
Division of Water Quality - 401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250 O C T 1 9 2004
Raleigh, North Carolina 27604
WET wD?SRAND ORWATERI9R
Re: Franklin County Airport - Obstruction Clearing 9RANC4
DWQ Project # 04-1577
Dear Ms. Karoly:
This letter shall serve as an addendum to the Pre-Construction Notification Application
submitted to your office on September 22, 2004. This letter and attached drawings address
concerns outlined in your letter dated October 5, 2004. Attached please find two copies of the
Tar-Pamlico Riparian Buffer exhibit (Figure 2) and two copies of the Project Impacts exhibit
(Figure 3).
Figure 3 depicts the revised limits of Clearing for this project. These limits have been revised to
eliminate the majority of Zone 1 buffer impacts and to eliminate the need for mitigation. As
shown on the drawing, a maximum of 150 linear feet of Zone 1 buffer will be cleared. This
clearing falls under the "Airport facilities that impact equal to or less than 150 linear feet or one-
third of an acre of riparian buffer", and therefore will not require mitigation.
No changes have been made to the proposed clearing in Zone 2. Clearing in these areas will
be performed by hand in an effort to minimize disturbance to the surrounding vegetation. All
disturbed areas will be re-vegetated once clearing is complete. Also, there is no paving
associated with this project, therefore there will be no impervious surfaces placed within the
buffer areas.
If you have any questions or need additional information, please do not hesitate to call.
Sincerely,
T LPA GROUP of North Carolina, p.a.
ItA
Brigid Z. illiams, E.I.
Design Engineer
Enclosures
Cc: Mike Horan, DWQ Raleigh Regional Office
Member of THE LPA GROUP INCORPORATED
ATLANTA ¦ BATON ROUGE ¦ CHARLESTON ¦ CHARLOTTE ¦ COLUMBIA ¦ GREENSBORO ¦ GULFPORT ¦ JACKSONVILLE
KNOXVILLE ¦ LITTLE ROCK ¦ MOBILE ¦ ORLANDO ¦ RALEIGH ¦ RICHMOND ¦ SARASOTA ¦ TALLAHASSEE ¦ TAMPA ¦ WEST PALM BEACH
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r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 5, 2004
DWQ Project # 04-1577
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Franklin County
Attn: Mr. Charles Murray, Jr., Interim County Manager
113 Market Street
Louisburg, NC 27549
Subject Property: Franklin County Airport, off Sam Horton Road (SR 1704)
Big Branch Creek (28-29-6, C NSW, 030301)
REQUEST FOR MORE INFORMATION
Dear Mr. Murray:
On September 24, 2004, the Division of Water Quality (DWQ) received your application dated
September 21, 2004 to impact 152,566 square feet of buffers for the proposed obstruction clearing. The
DWQ has determined that your application was incomplete andlpr provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Mitigation
You have proposed approximately 2.12 acres of impact to Zone 1 of the protected riparian buffers.
The Division has determined that this activity falls under the "Airport facilities that impact greater
than 150 linear feet or one-third of an acre of riparian buffer" use. This use is designated as
"allowable with mitigation". As such, you must provide 6.37 acres of buffer mitigation as required
under 15A NCAC 02B .0260. Please provide a mitigation plan that conforms with 15A NCAC 02B
.0260. You may choose to make a payment into the Riparian Buffer Restoration Plan.
2. Zone 2 Impacts
The Division has determined that the proposed impact to Zone 2 of the protected buffer is exempt
from the buffer rule as long as no impervious surfaces are placed within the buffer, the disturbed
areas are re-vegetated and diffuse flow of stormwater run off is maintained. Please provide
assurance of these provisions.
401 Oversight/Express Review Permitting Unit
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
Np"e Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Franklin County
Page 2 of 2
October 5, 2004
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks,
we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Bob Zarzecki or Ms. Cyndi Karoly at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight Unit
CBK/bs
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files \
Brigid Williams, The LPA Group, 4904 Professional Court, Suite 201, Raleigh, NC 27609
Filename: 04-1577 - Franklin County Airport (Franklin) on hold
LY? THE LPA GROUP of North Carolina, p.a.
Transportation Consultants
4904 PROFESSIONAL COURT, SUITE 201 ¦ RALEIGH, NORTH CAROLINA 27609 ¦ 919-954-1244 ¦ FAX 919-954-1345
September 22, 2004
04 157g'v
Mr. Bob Zarzecki
North Carolina Department of Environment and Natural Resources
Division of Water Quality - 401 Wetlands Unit ?WEE
3800 Barrett Drive WEE D
Raleigh, North Carolina 27609 SEP 2 4 2004
Re: Franklin County Airport - Obstruction Clearing L WD3 pWTTR UALI
TPBRRO # 04-251 RANCH
Dear Mr. Zarzecki:
Enclosed please find two copies of the Pre-Construction Notification Application Form
as well as all accompanying drawings for the above referenced project. This
Application is being submitted for approval of Riparian Buffer impacts.
The Obstruction Clearing project includes approximately 50 acres of clearing and
grubbing and 3.5 acres of selective tree clearing at the Airport. This work is being
performed to comply with FAA safety regulations regarding the slope of the approach
into the Airport. To minimize risk to life and property, the FAA requires that the area
extending beyond the end of the runway, known as the Runway Protection Zone (RPZ)
be kept clear of any manmade objects or vegetation. The RPZ extends at a 50:1 slope
from the Runway for this Airport. To minimize impacts, only select manual clearing of
trees will take place in the areas subject to the Riparian Protection Rules.
If you have any questions or need additional information, please do not hesitate to call.
Sincerely,
THE LPA GROUP of North Carolina, p.a.
Brigid Z. Wil ' ms, E. 1.
Design Engineer
Enclosures
Member of THE LPA GROUP INCORPORATED
ATLANTA ¦ BATON ROUGE ¦ CHARLESTON ¦ CHARLOTTE ¦ COLUMBIA ¦ GREENSBORO ¦ GULFPORT ¦ JACKSONVILLE
KNOXVILLE ¦ LITTLE ROCK ¦ MOBILE ¦ ORLANDO ¦ RALEIGH ¦ RICHMOND ¦ SARASOTA ¦ TALLAHASSEE ¦ TAMPA ¦ WEST PALM BEACH
Office Use Only: Form Version May 2002
7Y
USACE Action ID No. DWQ No.
(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 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:
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
1. Owner/Applicant Information ??15a v O
Name: Mr. Charles Murray, Jr. Interim Count Manager
Mailing Address: Franklin County SEP
113 Market Street
Louisburg, North Carolina 27549 OENRU?sT TM BRW$
TMJWV-
Telephone Number: (919) 496-3182 Fax Number: (919) 496-2683
E-mail Address: cmurray(iko.franklin.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: Mr. James Farthing
Company Affiliation: The LPA GROUP of North Carolina, p.a.
Mailing Address: 4904 Professional Court
Suite 201
Raleigh, North Carolina 27609
Telephone Number: (919) 954-1244 Fax Number: (919) 954-1345
E-mail Address: jfart hing(a)Ipagroup.com
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: Obstruction Clearing
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN):
4. Location
County: Franklin Nearest Town: Royal
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh, north on US 401.
Turn right onto M.C. Wilder Road (SR 1706). Turn left onto Sam Horton Road (SR 1704).
Project is near the intersection of Sam Horton Road and the Airport access road.
5. Site coordinates, if available (UTM or Lat/Long): 36°01'24.05"N / 78°19'48.98"E
(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):
7. Nearest body of water (stream/river/sound/ocean/lake): Big Branch Creek
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 littp://li2o.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: The existing site is gently sloping with an increasing drop in
elevation towards Big Branch Creek and the upstream pond that feeds the Creek. A large
portion of the area was once farmland/grazing land and is currently over grown with tall
grass and shrubs. Approximately half of the area for the project is covered in forest.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: This
project will consist of clearing and grubbing approximately 50 acres of property purchased
by the county for the Airport. There will also be approximately 3.5 acres of tree topper
conducted within the Riparian Buffers of an existing stream which runs through the property.
All disturbed areas will be seeded and mulched. Topping of trees within the Buffer areas
will be performed manually. No mechanized equipment will be allowed within the area to
prevent disturbance to the surrounding soil and vegetation.
11. Explain the purpose of the proposed work:
This work is being performed to comply with FAA safety regulations regarding the slope of
the approach into the Airport. To minimize risk to life and property, the FAA requires that
the area extending beyond the end of the runway, known as the Runway Protection Zone
(RPZ) be kept clear of any manmade objects or vegetation. The RPZ extends at a 50:1 slope
from the Runway for this Airport.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No prior permits have been requested.
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.
There will be no further permit requests for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 7 of 13
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: There will be no wetland or stream
impacts from this project. All clearing will be done from the top of the stream banks
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* 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 littp://www.fcnia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) 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:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
* 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, ditch ing/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.usgsgov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.coni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 8 of 13
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
Name of Waterbody (if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
To comply with FAA regulations for this area complete avoidance of impacts to the Riparian
Buffers was not possible. To minimize impacts to the Riparian Buffers, the project was
modified to include only selective hand clearing in the buffer areas.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 13
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/ncwctlatids/strm.ide.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.
N/A
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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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?
Page 10 of 13
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Tar-Pamlico )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 92,448 3
2 60,118 1.5
Total 152,566
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 11 of 13
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.
This project will not affect the existing amount of impervious area on the Airport property
whole, or on the site of project.
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.
N/A
Page 12 of 13
XIII. 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
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).
? a /& f/.&
Applicant/Agent's Signature V Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
A T Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
?V?Fc Ck
The LPA Group of NC, PA
Brigid Z. Williams
4904 Professional Court
Suite 201
Raleigh, NC 27609
Subject Property: Franklin Co. Airport Off Sam Horton Rd. (SR 1704)
Big Branch Creek (28-29-6, C NSW, 030301)
TPBRRO 0 04-251
Franklin County
Page 1 of 2
On-Site Determination for Subjectivity to the Tar-Pamlico River Riparian Area Protection Rules
(15A NCAC 2B.0259)
Dear Ms. Williams:
On September 15, 2004, 1 met with you to conduct an on-site determination to review a stream feature(s)
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259) as
well as review the proposed project consisting of the clearing of trees within the riparian zone due to
safety issues. Feature(s) "A" is indicated on the attached map initialed by me on 9/16/04.
The Division of Water Quality (DWQ) has determined that the surface water labeled as A,
(including the pond) on the attached map is Subject to the Tar-Pamlico Buffer Rule. These
feature(s) listed above and their associated buffers should be identified on any future plans for this
property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on-site determination shall expire
five (5) years from the date of this letter.
Please notify the Division of Water Quality, 401 Wetlands Unit with (2) copies of the site plan along with
(2) copies of the Pre-Construction Notification application filled out in its entirety and send to Bob Zarzecki
of the 401 Wetlands Unit.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request
for a determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401
Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is
notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that
third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60
days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any
additional questions or require additional information please call me at (919) 5714700 or Bob Zarzecki at (919)-
733-9726.
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27899-1628
we#
phone (919) 571-4700 Customer Service
facsimile (919) 571-4718 1-877-623-6748
UNITED STATES POSTAL SERVICE First-Class Mail
11 t- Postage & Fees Paid
11l'rJi '??S INC R R wAtrm 1W
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
¦ Complete items 1, 2, and 3. Als Isom
Item 4 if Restricted Delivery is fired.
¦ Print your name and address o ifie rdv; dn6
so that we can return the card t , ru. 6 ¦ Attach this card to the back of th4+1hpq lp
or on the front if space permits.
Article Addressed to:
Franklin County
113 Market Street
Louisburg, NC 27549
DWQ# 04-1577 - Franklin
A.
B. Received, Oy.(:fkMted e) 6-Date of-Qglivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
,m Certified Mail ? Express Mail
? Registered tf Return Receipt for Merchandisf
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7004 1160 0002 2706 6233
nC r...... 401 i r-L-..,..., nnnn n............,, o......., o,......... -... no_K._41A
DWQ# Date 9 - 3O - 04 Who Reviewed: Q
Plan Detail Incomplete
? Please provide a location map for the.project.
? Please show all stream impacts' including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts includifig`ffll ilopes.6h the site.p'tatc?
?, 1 lease indicate all buffer. impacts on the.Aite plan.
? Please indicate proposed lot layout as overlays on the site plan.
? •Please indicate the location of the protected buffers as overlays on the site plan. ` r ' %' ?'• ? r
Qua .1?1?•ase loc&tg 4Usplatred or nonuisolgt wetlands; streams and other waters of the Statues overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. - - - - - - - - - - -- -
? Please locate any planned sewer lines on the sile*plan.''3 • ?? ti• ;
[D; Please prio,lehg,loea{ion of any, Aroposed stormwater.management practices as kequired by GC .
? Please provide detail for the stormwater management practices as required by GC {
? Please specify the percent of project iipbrviousnese area based eaAhe s9?ti? IaEl"Hhilt-out•conttt' alts. , a ^
?'"?Plea9t•iridicate,?l.storma%atpr ott?atis.?h'the siteplanr? , ? : ,? ` \? ?.• ?` r •,• ., _ 1. ^?
? pj4se.•in4g the dill ye fly dv provision measures on the situ plan. -j .
V
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided '.
D 4WD; labeled as ±} 11'-',bn.the p1Ans does not 4pp@ar'tb be necessary,.•,Nease ek;*natd the '6?provide ad*t t?s1''
information as to why it is necessary for this project.
? This Office believes th"e l 6elell dthi' Tans as can'be mova4.*4e{to4figured to aveid.t a impacts to the
Please revise the plans to avoid the impacts. I
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
' Please revise theq plans to minimize the impacts. '
I. v77-7, ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and proyide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to dghieve diffuse flgw,tb oeigh the entire b4f, - then? it+??ay be necesevy-trprovide stormwater management
practices that re move nutrients before the stormwater can be discharged through the buffet.
? .The applicat,9n,iee? Was insufficient becappe ,o er'15q feet of ktreatq and/or,over 1 acre of wetland impacts were requested. Please
provide $ Thij; additional fee must be received before youf'abplicatioh'can bo'Fevlewed.
? '1'1'ease compleM Sedd&(s) 6n the application. s ,, s :• yx.: t, * ;
? ' Pl2as^b p blvidb a,si¢hbd cop}'of Rio application: }
? Please provide
copies of the application,
copies of the site plans and other supporting information.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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