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Home My WebLink About20010305 Ver 1_COMPLETE FILE_200102280? W A T F9QG r O '< March 25, 2001 County Wake DWQ Project # 010305 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Robert Hardee 4620 Smithfield Road Wendell, NC 27591 Dear Mr. Hardee: You have our approval, in accordance with the attached conditions, to conduct stream restoration in 920 feet of stream for the purpose of restoring a tributary of Mark's Creek at your home as you described in your application dated February 28, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2358 This Certification allows you to use Nationwide Permit Number 13 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, rT.Ss Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Dale Threatt-Taylor; Wake Soil & Water Conservation District A?vA N? EhR Division of Water Quality 1650 Mail Service center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 Michael F. Easley Governor William G. Ross,Jr.Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Michael F. Easley 0? WAT?RP ?Ot G Governor > William G. Ross,Jr.Secretary p .? Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40IMetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.lt is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, . as a duly registered Professional Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date ;h NCDEN-R Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 ROBERT HARDEE STREAM RESTORATION 01 0305 As with most river/stream systems, Robert Hardee's stream represents a considerable challenge, but one that can be met with appropriate field assessment and proper construction methodology. Following is a general overview the scope of work for the Hardee project. Standards - all work will be completed as designed and field staked by appropriate Wake Soil and Water Conservation District (WSWCD) or Natural Resources Conservation Service (NRCS) personnel trained in the Rosgen stream assessment and methodology. NRCS standards coupled with the Rosgen stream assessment and methodology will guide the procedures of restoration. Specifications - Stream reach will determine the specifications below: Upper Reach from approximate Station 9+20 to approx. sta. 10+21 Sinuosity will be increased to approximately 1.5 from the current approx. 1.2. Pools will be formed at the outside of the meander to an average depth of approximately 1.5 feet at bankful with a total cross sectional area of approx. 12.1 square feet. Riffles will have an average depth of approximately 1.1 feet and a cross sectional area at bankful of approximately 9.5 square feet. Runs will have a slope of approximately 2.0% Glides will have a slope of approximately 0.3% Step Pool at the property line will utilize existing rock as much as possible. The step pool will be graded as staked by WSWCD/NRCS personnel. Flood Prone area will be seeded with mixture of Switch, Indian and Grama grasses and partridge pea. Bare root plantings of Silky and Roughleaf dogwood and River Birch will be made directly adjacent to stream. Crossing #1 Entrance pool will be graded as staked by WSWCD/NRCS personnel. Run and glides will have the approximate specs as outlined above. Exit pool will be graded as staked by WSWCD/NRCS personnel. The run will have the approximate specs as outlined above. The glide will have a slope of approx. 0.8%. Log constrictors will be placed at the outlet of the exit pool. Station 6+85 to Station 7+56 Sinuosity will be reduced at this point of cut-off development to approx. 1.8. Pool will be formed in the outside meander to a cross sectional area of about 18 square feet. Flood plain development will occur inside the hairpin meander. No existing vegetation is to be removed greater than 1 "dbh. Material will be deposited at the outside of the meander. Vegetation such as silky and roughleaf dogwood will be planted in the newly developed floodplain. Station 3+83 to 7+14 Log constrictors will be placed at various points as staked by WSWCD/NRCS personnel. Bank stabilizers will be placed as staked by WSWCD/NRCS personnel. Station 1+29 to station 3+83 Log constrictors will be placed at various points as staked by WSWCD/NRCS personnel. Bank stabilizers will be placed as staked by WSWCD/NRCS personnel. Station 1+29 Step Pool will be constructed at this station with approximately a 6.3 foot drop in approximately 15 feet. The steps will be constructed with some material on site and other stone as described herein. 0103OS DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET) PLEASE PRINT. 1. OWNERS NAME : R c-) b e r F1 r ?e 2. MAILING ADDRESS: 4? Z0 SM.?t:G 12? SUBDIVISION NAME: CITY: WLn c l? STATE. N G ZIP CODE: Z7 SQl PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIF ERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME) Ict Z(o - 07q- (WORK) : 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ? hr?f- _ [?H? Ior 1?J0.kp so( r W a?tr ?,: c_ - 4f oo ? - c_A ,, h. 'Dr; vk. 9,J e, y ? AjC 2 71o to 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: W CLk C_ NEAREST TOWN OR CITY: W C A SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) C. c, -? Q d a -' 14 1. Z. c7 S m.- +-1, ?- ? Z 9- ? . n r• NArN¢es haDS?. Tr: b• v1 mf3rf S cree c 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: /V vu 5 e_ 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO >q, IF YES, EXPLAIN: 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO ]yd 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: 4 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO DQ IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO bd IF YES, DESCRIBE ANTICIPATED WORK: i 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 3-7.14 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.03 C%44e441 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: NO 0"y- FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 92 O FT AFTER: 0120 FT WIDTH BEFORE (based on normal high water contours): ^'l7 FT WIDTH AFTER: -4.0 FT AVERAGE DEPTH BEFORE: I•I FT AFTER: 1.1 FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? /1I,0?1 WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS ONLY) : S `L -L4ts?- (----As ) -R .Sa c nlS ?M e-4 ?D dS r,7 STrekM S-?a?? I ZAt?on Jr csLv-?A-- , on W%< 1 b *- u 5 c J +o 4---, S?t tarot A^ d r c %4,x t n F f IL?bu? yQ?L 'FAO k,. A/hen.4 uS '!- W: (( 6,r- SMUG fang 4d LJ: l c'150 64-- USGJ 13. PURPOSE OF PROPOSED WORK: toff `j }t? ?', ?.Ze S?/?cgr+??pl{n? a/ f4(`eS-Ipr2 +i-.Q- Y) Gc?vl-uly^%U^ ?-!nC 5??cc?n? Corr'. dor And 0'1C- ( i f l?a?-? G,.u.?: +ti ??1 re-c?uL, n? S,e c?? m?..-t •..-?:v/? 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): r ?,ln la n r• ? ? ; ? Ste- ? ? S?._ #- ? 15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 2 " /ti - &I 16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES b4 NO [ ] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE (919) 807-2425. 17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: A a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOrfOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT . TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) W a?k.? ?:1 21 l(, / vl DATE Ow ntr- zkc)lzool J LEVEL III: ASSESSMENT OF STREAM CONDITION AND DEPARTURE SUMMARY OF "CONDITION" CATEGORIES FOR LEVEL III INVENTORY Stream Name Unnamed Trib. of Mark's Creek Observers Wright Lowery/Dale Threatt-Taylor Location Robert Hardee Farm Stream Type E 5/6, C5 Date Riparian Vegetation Low to moderate, Add'I needed Flow regime Perennial Stream - Low in summer Stream Size, Stream order Meander pattern Channel stability rating (Pfankuch) Sediment supply (check appropriate category): Extreme Very High High X Moderate X Low Streambed (vertical) stability Aggrading Sediment in thalweg, approx 6"-9" Degrading Stable Width/depth ratio condition (is increasing): Normal (stable) X High X Very high Streambank erosion Potential: Bank erodibility: Extreme _(1) High Moderate _(2) Low Near-bank stress Extreme High _X_' Moderate Low Depositional pattern B-1, B-2, B-4, primarily B-4 Debris/channel blockages D-4 to D-5 Altered Channel State: Due to vegetation conversion Dimension/shape: Width 10.0' Depth 1.1' Width/depth ratio 9.1 Patterns: (*show as funct. of Wbkf): Meander length*Upper 23'23/10 = 2.3,Lower 38'3.8 Radius of curve* 11.3 or 11.3110 = 1,13 Belt width*Upper 119' or 11.9 Lower 85' or 8.5 Sinuosity 1.57 Profile: Water surface slope 1.73% Valley slope 1.9% Bed features: Riffle/pool 2.8:1 Step/pool Conver./divrg. _yes Plane bed Other Spacing* Describe alterations: General Remarks: See remarks for detail. Moderate to high debris blockages coupled with boulder constrictions . a tortuous meander area. Areas of extreme BEHI, areas of point bar development, and the beginnings of 2 cut-off channels developing are signs of a stream in serious trouble. The only thing holding it together is the existing vegetation. Mr. Hardee fenced the cows out of the creek in the fall of 1999. an excellent first step. Attach photographs taken mid-stream looking up and downstream. Make site map. Attach vicinity map of reach and/or aerial photo for specific location. Note any permanent cross-section for level IV verification of cross-section stability, actual erosion rates, change in pebble counts, deposition studies, sediment sampling, etc. Attach copy of. stream classification field form, channel Stability rating form, bank erosion rating form, profiles, cross- sections, pebble co nts, etc. Signature: l a ?(??