20010053 Ver 1_Complete File_20010118

O?O? W AT ?RQG
6
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 23, 2001
Durham and Wake Counties
DWQ Project # 01-0053
WAIVER of 401 Water Duality Certification
Elizabeth H. Rooks
Planning and Development, Research Triangle Park
P.O. Box 12255
Research Triangle Park, NC, 27709
Dear Ms. Rooks:
Your application for a 401 Water Quality Certification was received in the Division of Water Quality's
Central Office January 18, 2001. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken
within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement for a 401 Water Quality Certification for your plains to impact 1062 linear feet
of streams for the Louis Stephens Drive and South Loop Road project as described in your application.
However if additional impact occurs or your development plains change, this waiver is no longer valid
and a 401 Water Quality Certification will be required.
Please call me at 919-733-9646 if you have any questions.
Sincerely,
n *Rtrn
Cc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
010053
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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Web Page: www.SandEC.com
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Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Pax: [phone]
Charlotte Office: [phone] • Hickory Office: [phone]
NATIONWIDE PERMIT #14: LINEAR TRANSPORATION CROSSINGS
Activities required for the construction, expansion, modification, or improvement of linear
transportation crossings (e.g., highways, railways, trails, and airport runways and taxiways) in waters of the
United States, including wetlands, provided the activity meets the following criteria:
a. This NWP is subject to the following acreage and linear limits:
(1) For public linear transportation protects in non-tidal waters, excluding non-tidal wetlands
adjacent to tidal waters, provided the discharge does not cause the loss of greater than 1/2 acre of waters of
the United States;
(2) For public linear transportation projects in tidal waters or non-tidal wetlands adjacent to tidal
waters, provided the discharge does not cause the loss of greater than 1/3 acre of waters of the United States
and the length of fill for the crossing in waters of the United States does not exceed 200 linear feet, or;
(3) For private linear transportation projects in all waters of the United States, provided the
discharge does not cause the loss of greater than 1/3 acre of waters of the United States and the length of fill
for the crossing in waters of the United States does not exceed 200 linear feet;
b. The permittee must notify the District Engineer in accordance with General Condition 13 if any
of the following criteria are met:
(1) The discharge causes the loss of greater than 1/10 acre of waters of the United States; or
(2) There is a discharge in a special aquatic site, including wetlands;
c. The notification must include a compensatory mitigation proposal to offset permanent losses of
waters of the United States to ensure that those losses result only in minimal adverse effects to the aquatic
environment and a statement describing how temporary losses of waters of the United States will be
minimized to the maximum extent practicable;
d. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of the affected special aquatic sites;
e. The width of the fill is limited to the minimum necessary for the crossing;
f. This permit does not authorize stream channelization, and the authorized activities must not
cause more than minimal changes to the hydraulic flow characteristics of the stream, increase flooding, or
cause more than minimal degradation of water quality of any stream (see General Conditions 9 and 21);
g. This permit cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or
aircraft hangars; and
h. The crossing is a single and complete project for crossing a water of the United States. Where a
road segment (i.e., the shortest segment of a'road with independent utility that is part of a larger project) has
multiple crossings of streams (several single and complete projects) the Corps will consider whether it
should use its discretionary authority to require an individual permit. (Sections 10 and 404)
Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404 permit (see 33
CFR 323.4).
Nationwide Permit General Conditions
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil and other
fills, as well as any work below the ordinary high water mark or high tide line, must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species
of aquatic life indigenous to the waterbody, including those species which normally migrate through the
area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be
installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification
and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion
in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct
management responsibility for such river, has determined in writing that the proposed activity will not
adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National
Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality
certification must be obtained or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification
(either generically or individually) does not require or approve a water quality management plan, the
permittee must include design criteria and techniques that will ensure that the authorized work does not
result in more than minimal degradation of water quality. An important component of a water quality
management plan includes stormwater management that minimizes degradation of the downstream aquatic
system, including water quality. Refer to General Condition 21 for stormwater management requirements.
Another important component of a water quality management plan is the establishment and maintenance of
vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated
buffer requirements for the NWPs.
10. Coastal Zone Management. In certain states, an individual state coastal zone management
consistency concurrence must be obtained qr waived (see Section 330.4(d)).
11. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any
listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located
in the designated critical habitat and shall not begin work on the activity until notified by the District
Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is
authorized. For activities that may affect Federally-listed endangered or threatened species or designated
critical habitat, the notification must include the name(s) of the endangered or threatened species that may
be affected by the proposed work or that utilize the designated critical habitat that may be affected by the
proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a nationwide permit does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both
lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and their critical habitat can be obtained
directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or
their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and
http://www.nfms.gov/prot_res/csahonle.htin1, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the DE has complied with the
provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if
the authorized activity may affect any historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on
the location and existence of historic resources can be obtained from the State Historic Preservation Office
and the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect historic
properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must
state which historic property may be affected by the proposed work or include a vicinity map indicating the
location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee
must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can
request the additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the District Engineer will
notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the District Engineer. The
prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an individual permit is
required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or Division
Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(dx2).
(b) Contents of Notification: The notification must be in writing and include the following
information:
(1) Name, address, and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or
individual permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity; and
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include
a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged
aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information
regarding the original design capacities and configurations of those areas of the facility where maintenance
dredging or excavation is proposed.
(6) For NWP 14, Linear Transportation Crossings, the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement
describing how temporary losses of waters of the United States will be minimized to the maximum extent
practicable.
(7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of
Surface Mining (OSM) or state-approved mitigation plan.
(8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation
of the prior condition of the site that will be reverted by the permittee. ,
(9) For NWP 29, Single-Family Housing, the PCN must also include:
(i) Any past use of this NWP by the individual permittee and/or the pennittee's
spouse;
(it) A statement that the single-family housing activity is fora personal
residence of the pennittee;
(iii) A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring 1/4 acre or less will not require a formal
on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the
amount of wetlands that exists on the property. For parcels greater than 1/4 acre in size, a formal wetland
delineation must be prepared in accordance with the current method required by the Corps. (See paragraph
13 (f));
(iv) A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of
the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-
tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other
contract for sale or purchase has been executed;
(10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective
pennittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a
five year (or less) maintenance plan. In addition, the PCN must include all of the following:
(i) Sufficient baseline information so as to identify the approved channel depths
and configurations and existing facilities. Minor deviations are authorized, provided the approved flood
control protection or drainage is not increased;
(ii) A delineation of any affected special aquatic sites, including wetlands; and,
(iii) Location of the dredged material disposal site.
(11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also
include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic
resources.
(12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization of losses of waters of the United States were
achieved on the project site.
(13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP
42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets
unavoidable losses of waters of the United States or justification explaining why compensatory mitigation
should not be required.
(14) For NAT 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NAT 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stornnwater management facilities, a maintenance plan (in accordance with State and
local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the
United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters of
the United States adversely affected by the project, a description of measures taken to minimize adverse
effects to waters of the United States, a description of measures taken to comply with the criteria of the
NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non-tidal wetlands
adjacent to headwaters and any hard rock/mineral mining activities).
(17) For activities that may adversely affect Federally-listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species that may be affected
by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property.
(19) For N WPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade
fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved
local floodplain maps), the notification must include documentation demonstrating that the proposed work
complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Fonn ENG 4345) may
be used as the notification but must clearly indicate that it is a PCN and must include all of the information
4
required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be
used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than minimal
individual or cumulative adverse environmental effects or may be contrary to the public interest. 'File
prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the
process and the District Engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer determines that the activity
complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment
are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal
with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the
proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of
receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would
ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the
project on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely written
response to the applicant stating that the project can proceed under the terms and conditions of the
nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more than
minimal, then he will notify the applicant either: (1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2)
that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal
that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project
is authorized under the NWP with specific modifications or conditions. Where the District Engineer
determines that mitigation is required in order to ensure no more than minimal adverse effects on the
aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary
conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that
would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the
United States will occur until the District Engineer has approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal and
State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs
and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal
level.
For activities requiring notification to the District Engineer that result in the loss of greater than
1/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide
immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the
appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA,
State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service.
With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-
specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar
days before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no re"sponse to the resource agency,
except as provided below. The District Engineer will indicate in the administrative record associated with
each notification that the resource agencies' concerns were considered. As required by Section
305(b)(4)(13) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer
will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of
notifications to expedite agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current
method required by the Corps. For NWP 29 sec paragraph (b)(9)(iii) for parcels less than 1/4 acre in size.
The pennittee may ask the Corps to delineate the special aquatic site. There may be some delay if the
Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has
been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every pernittee who has received a Nationwide permit verification
from the Corps will submit a signed certification regarding the completed work and any required mitigation.
The certification will be forwarded by the Corps with the authorization letter. The certification will
include: a.) A statement that the authorized work was done in accordance with the Corps authorization,
including any general or specific conditions; b.) A statement that any required mitigation was completed in
accordance with the permit conditions; and c.) The signature of the pennittee certifying the completion of
the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
.complete project is prohibited, except when the acreage loss of waters of the United States authorized by
.the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For
.example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank
.stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total
project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public water supply
intake except where the activity is for repair of the public water supply intake structures or adjacent bank
stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse
effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
.Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are
minimal. The District Engineer will consider the factors discussed below when determining the
.acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic
environment that are more than minimal.
(a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for
restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in
exceptional circumstances.
(b) To be practicable, the mitigation must be available and capable of being done considering
costs, existing technology, and logistics in light of the overall project purposes. 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 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, preferably in the same watershed;
(c) The District Engineer will require restoration, creation, enhancement, or preservation of other
aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse
effects on the aquatic environment are minimal. An important element of any compensatory mitigation
plan for projects in or near streams or other open waters is the establishment and maintenance, to the
maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated
6
buffer should consist of native species. the District Engineer will determine the appropriate width of the
vegetated [suffer and in which cases it will be required. Nomially, the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address
documented water quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic
environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining
compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one
acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and
values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the
acreage limits of some of the NWPs (e.g., for NWP 39, 1/4 acre of wetlands cannot be created to change a
1/2 acre loss of wetlands to a I/4 acre loss; however, 1/2 acre of created wetlands can be used to reduce the
impacts of a 1/3 acre loss of wetlands). If the prospective permittee is required to submit a compensatory
mitigation proposal with the PCN, the proposal may be either conceptual or detailed.
(d) To the extent appropriate, pernittees should consider mitigation banking and other appropriate
forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is
necessary to offset losses of waters of the United States and ensure that the net adverse effects of the
authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as
mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District
Engineer determines that activity-specific compensatory mitigation is more appropriate, based on which is
best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks
of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked
for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the
watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset
the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the
aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided
to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or
smother downstream by substantial turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates).
Furthermore, the activity must not penmandntly restrict or impede the passage of normal or expected high
flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged
or fill material must withstand expected high flows. The activity must, to the maximum extent practicable,
provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site
similar to preconstruction conditions, and must not increase water flows from the project site, relocate
water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the
maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of
water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow shall be minimized to the maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAH-designated
marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat
for Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and
outstanding national resource waters or other waters officially designated by a State as having particular
environmental or ecological significance and identified by the District Engineer after notice and opportunity
for public comment. The District Engineer may also designate additional critical resource waters after
notice and opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters of the United States
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within,
or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States may be authorized by the above NWPs in National
Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be
authorized in designated critical habitat for Federally listed threatened or endangered species if the activity
complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service has concurred in a determination of compliance with this condition.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is
required in accordance with General Condition 13, for any activity proposed in the designated critical
resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities
under these NWPs only after he determines that the impacts to the critical resource waters will be no more
than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year
floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United
States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a
stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the prospective permittee must
notify the District Engineer in accordance with General Condition 13 and the notification must include
documentation that any permanent, above-grade fills in waters of the United States within the 100-year
floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction
requirements.
(b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is
five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting
in permanent, above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not
authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District
Engineer in accordance with General Condition 13. The notification must include documentation that such
discharges comply with FEMA or FEMA-approved local floodplain construction requirements.
(2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in
permanent, above-grade fills within the floodway of the 100-year floodplain of headwaters are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District
Engineer in accordance with General Condition 13 and the notification must include documentation that
any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local
floodplain construction requirements.
ROAD CROSSING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS),
REGIONAL GENERAL PERMIT 198200031 AND NEUSE/TAR-
PAMLICO/RANDLEMAN BUFFER RULES
This General Certification is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H,
Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and
wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC 2B .023 3, .0259
and .0250). The category of activities shall include any fill activity for road crossing and
is limited to fill less than one-third of an acre. This Certification replaces Water Quality
Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732
issued on May 1, 1992 and Water Quality Certification Number 3103 issued on February
H, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide
Permit 14 or Regional General Permit 198200031 when deemed appropriate by the
Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will
not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or waters (including streams)
under this General Certification requires application to and prior written
concurrence from the Division of Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.31)(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be
required for impacts to streams and/or wetlands. In addition, buffer mitigation
may be required for any project with Buffer Rules in effect at the time of
application. A determination of buffer, wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit. The
most current design and monitoring protocols from DWQ shall be followed and
written plans submitted for DWQ approval as required in those protocols;
4. For any project involving a stream re-alignment, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream
designs should include the same dimensions, patterns and profiles as the existing
channel, to the maximum extent practical. The new channel should be constructed
in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody
species, and should include establishment of a 30 foot wide wooded and an
adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to
the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap may be allowed if it is
necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of
rip-rap coverage requested. If suitable stream mitigation is not practical on-site,
then stream impact will need to be mitigated elsewhere;
5. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River
Basins requires written concurrence from DWQ in accordance with 15A NCAC
213.0233, 15A NCAC 213.0259 and.0250 and 15A NCAC 2H.0500. New
development activities located in the protected 50-foot wide riparian areas
(whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and
Randleman River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and
.0250. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum
extent practicable through the use of best management practices. Activities listed
as "exempt" from these rules do not need to apply for written concurrence under
this Certification;
6. Placement of culverts and other structures in waters, streams, and wetlands must
be placed below the elevation of the streambed to allow low flow passage of
water and aquatic life unless it can be shown to DWQ that providing passage
would be impractical. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to
or upstream and down stream of the above structures. The applicant is required to
provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the
system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands;
7. If this Certification is used to access building sites, all lots owned by the applicant
must be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands and
streams on these lots to restrict future wetland and stream fill. DWQ shall be sent
copies of all deed restrictions applied to these lots,
8. That appropriate sediment and erosion control practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface
Mining Manual" whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored within two months after the Division of
Land Resources has released the project;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
11. This Certification shall be utilized for roads from natural high ground to natural
high ground. The Certification for Nationwide Permit 18 may not be used in
conjunction with this Certification to create high ground for road access;
12. If an environmental document is required, this Certification is not valid until a
Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued
by the State Clearinghouse. All water quality-related conditions of the FONSI or
ROD shall become conditions of this Certification;
13. That additional site-specific conditions may be added to projects proposed under
this Certification in order to ensure compliance with all applicable water quality
and effluent standards;
14. When written concurrence is required, the applicant is required to use the
enclosed "Certification of Completion Form" to notify DWQ when all work
included in the 401 Certification has been completed;
15. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Nationwide Permit 14 and
Regional General Permit 198200031 whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific
fill project may result in revocation of this Certification for the project and may also
result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require
submission of a formal application for individual certification for any project in this
category of activity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications
prior to a Certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Water Quality.
Effective date:
1 June 2000
TRANSMISSIOll VERIFICATION REPORT
TIME 04/02/2:01 09:26
NAME
FAX
TEL
DATE DIME 04/02 09:19
FAX N0./NAME 8511918
DURATION 00:06:4=
PAGE(S) 14
RESULT OK
MODE STANDARD
O?O? W A T ?RpG
r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 23, 2001
Durham and Wake Counties
DWQ Project # 01-0053
WAIVER of 401 Water Quality Certification
Elizabeth H. Rooks
Planning and Development, Research Triangle Park
P.O. Box 12255
Research Triangle Park, NC, 27709
Dear Ms. Rooks:
Your application for a 401 Water Quality Certification was received in the Division of Water Quality's
Central Office January 18, 2001. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken
within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement for a 401 Water Quality Certification for your plains to impact 1062 linear feet
of streams for the Louis Stephens Drive and South Loop Road project as described in your application.
However if additional impact occurs or your development plains change, this waiver is no longer valid
and a 401 Water Quality Certification will be required.
Please call me at 919-733-9646 if you have any questions.
Sincerely,
n *Ron
Cc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
010053
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n,n vno ,roc i..ti.,.,,.-n von cono a...n ..N.,. u..n .. ............. .... .... i.........a..., a,.i
DWQ Project #: 0 1 0 0 5 3
TRIAGE INFORMATION
.lAN 18 2001
Proposed Louis Stephens Drive & South Loop Road
Research Triangle Park
Project Type Road Crossing
Permit Type 14
Stream Name Long Branch
UT to Long Branch
Kit Creek
River Basin (#) 030605
Stream Index (#) 16-41-1-17-2-1
16-41-1-17-2-(0.7)
Stream Class WS-IV NSW
Water Impact 492 If x 5 ft. = 2,460 sq. ft. - significant
274 If x 3 ft = 822 sq. ft. - insignificant
276 If x 20 ft. = 5,520 sq. ft. - significant
Total 8,802 sq. ft. (0.20 acre)
Total jurisdictional impact 8,802 sq. ft. (0.20 acre)
(wetlands & waters)
PAYMENT
RECEIVED
Environmental Consultants, Inc.
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
January 17, 2001
014050
US Army Corps of Engineers NCDENR -DWQ
Attn: Mr. Todd Tugwell Attn: Mr. John Dorney
6508 Falls of the Neuse Road, Ste. 120 4401 Reedy Creek Road
Raleigh, North Carolina 27615 Raleigh, North Carolina 27606
RE: Nationwide Permit 14/401 Water Quality Certification Request
Proposed Louis Stephens Drive & South Loop Road
RTP, Durham & Wake Counties, North Carolina
S&EC Project #: 1625
Dear Mr. Tugwell and Mr. Dorney:
On behalf of Research Triangle Park (property owner), we request authorization from the
US Army Corps of Engineers (USACE) to use Nationwide Permit 14 to cover permanent
impacts to stream channels resulting from construction of the proposed Louis Stephens
Drive. Although the proposed South Loop Road will also be constructed, it will not
impact jurisdictional areas. Information regarding South Loop Road is included to help
demonstrate the overall purpose of the project. We also request written concurrence from
the NC Division of Water Quality (NC DWQ) that the project complies with the 401
Water Quality Certification associated with Nationwide Permit 14. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
The proposed project consists of the construction of two connector roads (Louis Stephens
Drive and South Loop Road) within Research Triangle Park. The proposed Louis
Stephens Drive begins at Hopson Road (SR 1978) and rams generally south across Long
Branch, an unnamed tributary of Long Branch, and Kit Creek. The proposed South Loop
Road begins at the southern terminus of Louis Stephens Drive and runs southeast across
the proposed Northern Wake Expressway, crosses an unnamed tributary of Kit Creek,
and connects to Davis Drive (SR 1999). Please refer to the attached map (Figure 1) for
the location of the proposed connector road on a USGS topographic quadrangle.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] - [phone] - [phone]
January 17, 2001
S&EC Project #: 1625
Page 2 of 3
S&EC delineated the wetlands and stream channels adjacent to and crossed by the
project. Mr. Eric Alsmeyer of the USACE verified the delineation on June 28, 1999. Mr.
Todd Tugwell of the USACE also conducted a field visit and provided importance
determinations for the stream channels that will be impacted by the project. Although the
NC DWQ has not conducted significance calls for the project, S&EC will schedule a
field meeting for this purpose upon submission of the permit application. In this
application, streams that were classified as important by the USACE were also assumed
to be significant and unimportant streams were assumed to be insignificant.
The impacts to stream channels as a result of the proposed Louis Stephens Drive and
South Loop Road are listed below.
Impact Proposed Channel Linear Ft. Total Impact
Designation Road Stream Type Width of Impact (sq. f./acre)
T Louis Long Important/ 5 ft. 492 2,460/0.06
Stephens Branch Significant
Drive
S Louis UT to Unimportant/ 3 ft. 274 822/0.02
Stephens Long Insignificant
Drive Branch
ZH Louis Kit Creek Important/ 20 ft. 276 5,520/0.13
Stephens Significant
Drive
A South Loop UT to Kit NA NA 0 0
Road Creek
Total 8,802/0.20*
* Acreage difference due to rounding.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of important waters of the US when impacts exceed the
thresholds for notification (0.10 acre) or if a discharge to a special aquatic site such as a
wetland is proposed. NC DWQ's current policy requires mitigation for significant stream
channel impacts exceeding 150 linear feet or more per tributary. It is important to note
that the connection point of the proposed road to Hopson Road is generally fixed based
on its presence on the CAMPO thoroughfare plan (attached). The proposed road
alignment has been designed to cross three streams perpendicularly (Impact S, ZH, & A).
However, the fixed connection point to Hopson Road made a non-perpendicular crossing
necessary at Long Branch (Impact T). Impacts to jurisdictional wetlands at the Kit Creek
crossing were avoided, and impacts to the unnamed tributary to Kit Creek were avoided
by utilizing a bottomless arch culvert (Impact A). Additionally, the multiple culverts
proposed for the Kit Creek crossing will allow the installation of one of the culverts in the
dry to minimize turbidity during construction (Impact ZH).
January 17, 2001
S&EC Project #: 1625
Page 3 of 3
Although the impacts have been minimized to the maximum extent practicable,
permanent impacts to Long Branch, an unnamed tributary of Long Branch, and Kit Creek
are unavoidable. As shown in the table above, permanent impacts to the important and
significant streams exceed 150 linear feet. Therefore, Research Triangle Park proposes to
restore 768 linear feet of stream channels within the Lewis Smith Mitigation site. Please
note that Mr. Tugwell of the USACE has already approved a conceptual plan of this
mitigation site as well as the 1:1 mitigation ratio used to determine the amount of stream
restoration required for the project. If the NC DWQ determines the unnamed tributary to
Long Branch is a significant stream and requires mitigation, the applicant proposes 1,042
linear feet of stream restoration.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, INC.
Jennifer A. Burdette
Environmental Scientist
`Tl Aacr.. /-la,-h40U
Kevin Martin
President
Attachments
PCN form
Figure 1 - Location Map
Impact Maps (6 Sheets)
Agent Authorization Form
CAMPO Thoroughfare Plan
Check for $ 475 (NC DWQ copies only)
c: Elizabeth Rooks - RTP
010053
DWQ ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14
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 NC Division of Envirorunental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Research Triangle Park
Contact: Elizabeth H. Rooks, V.P. Planning & Development
2. Mailing Address: P O Box 12255 (2 Hanes Drive
Pre-Construction Notification Application
Corps Action ID:
Subdivision Name:
City:
RTP
State: NC Zip Code: 27709
Project location address, including subdivision name (if different from mailing address
above): The project consists of two connector roads from Hopson Rd
to Davis Drive in Research Triangle Park, Durham and Wake Counties, NC.
3) Telephone Number (Home): NA (Work): 919/549-8181
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road Fax: [phone]
Raleigh, NC 27614
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Durham & Wake Nearest town or city: Raleigh
Specific Location (include road numbers, landmarks, etc.):
The project consists of two connector roads. The proposed Louis Stephens Drive
begins at Hopson Road (SR 1978) and runs generally south across Long Branch, an
unnamed tributary of Long Branch, and Kit Creek. The proposed South Loop
Road begins at the southern terminus of Louis Stephens Drive and runs southeast
across the proposed Northern Wake Expressway, crosses an unnamed tributary of
Kit Creek, and connects to Davis Drive (SR 1999).
6. Impacted or nearest stream/ river: Long Branch and Kit Creek
River Basin: Cape Fear
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 ® If yes, explain:
7b. Is the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO
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?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? NO ® If yes, provide Action ID number of pervious permit and any
additional information (including photocopy of 401 certification). The
proposed Louis Stephens (LS) Drive will connect two existing state roads, Hopson
Road and Kit Creek Road. It is important to note that the alignment on the
CAMPO Thoroughfare Plan shows LS Drive continuing south beyond the
Northern Wake Expressway. The proposed LS Drive alignment continues beyond
Kit Creek Road and crosses Kit Creek to provide access for CISCO Systems
through a connection to the proposed South Loop Road. South Loop Road will
cross an unnamed tributary of Kit Creek via a bottomless arch culvert before
connecting to Davis Drive. Although South Loop Road is not on the thoroughfare
plan, there will be no jurisdictional impacts resulting from construction of this
road. Therefore, the impacts associated with the proposed Louis Stephens Drive
qualify as a single and complete project distinct from the properties that are
crossed.
8b. Are additional permit requests expected for this property in the future?
YES ? NO M If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: The easement for the proposed
road comprises approximately 91 acres.
9b. Estimated total number or acres of wetlands located on project site: The
proposed easement does not contain jurisdictional wetlands only stream channels.
10a. Number of acres of wetlands* impacted by the proposed project by:
Filling: 2,460 ft2, 822 W, 5,520 ft2 Excavation:
Flooding:
Other:
Drainage: Total acres to be impacted:
8,802 ft2 (0.20 acres)
The acreages reported above also include stream channel impacts.
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 492', 274', & 276'
After: NA
Width Before (based on normal high water contours): 5', 3', & 20'
Width After: NA
Average depth before: 0.5
After: NA
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel:
Channel Excavation: ? 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? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
The two proposed connector roads would be constructed using conventional
heavy equipment.
13. Purpose of proposed work: The purpose of the two connector roads is to
connect Honson Road with Davis Drive in order to provide access for RTP
businesses especially CISCO Systems that must accommodate 10,000 employees.
As mentioned above, the proposed Louis Stephens Drive appears on the CAMPO
Thoroughfare Plan.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): The connector roads
cross a total of four streams. Perpendicular crossings are proposed for three out of
the four crossings. However, the first stream crossing could not be aligned
perpendicularly because of a fixed connection point to Hopson Road by the
CAMPO Thoroughfare Plan. The alignment was also designed to avoid impacts
to jurisdictional wetlands at the Kit Creek crossing. In addition, a bottomless arch
culvert will be installed at the fourth stream crossing located west of Davis Drive
to avoid impacting the stream.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
Performed by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Performed by USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES M 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, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
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. The wetlands and stream channels were delineated by
b. If available, representative photograph 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 used of surrounding property? Industrial/ Undeveloped
f. If applicable, what is proposed method of sewage disposal?
Municipal sanitary sewer system
g. Signed and dated 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,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
?wner' Agent' 6ignature D to
[Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
Project N: Scale:
1625 1" a 2000'
Mgr.: KCM 1111101
Figure 1- Location Map
Proposed Louis Stephens Drive
Research Triange Park
RTP, Durham & Wake Cos., NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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Soil & Environme al -Consultants, hie.
246 %vest Miiibrook F=d 81aleigh, Notdt CRuvliata 2709 M [phone] ¦ Fax (919) M6 94o?
AGENT AUTHORIZAVON FORM
pl,t,_BLANKS 1.0 E CJWLF7TKV BXjW NT LANUUWNFR
Name. i1;SWjWi I#
-'roriff It-me: _2 IF
Addrtw:
Addimr. Pat
rxuject Namg0tseriptlow., .
Date: i7.-'L• a9
?he Department of the Army
U.S_ Army Corps of En$;tneers
WilmI ngtoa District
I'O Box 2890
Wilatington, NC 2H02
Attn: V
Field Office: .
Ite: Wetlands Related ConsulEing-wed Per jolaas
To Whom It May Concern:
I, the current rv a owner, hc*by designate atoll authodim Soil and
Envimttmental ConsulUnts, Inc. to act in my b4*9 as tayxgent in the pmeming of
permit applica donst to furnish upon request suI}pim?ttd rotor Atinn in support of
applications, etc. frost this day kinvard. This %q, fty of „ .
This notification supersedes auy.pre'vious correspondence concerning the agent for
this project. //
w f/? /Y Ar4l)
X!jnt Owttere Mate Owners Signature-
cc: Mr. John Darney
NC DENNR DEM
Walter QvadAy Placating
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Steve Roberts
Soil and Environmental ConsulUnts, Itru.
Soil/Site livaluation ¦ Mapping and Physical Analysis a Wctlarod_ o Mapping and Mitigztion M l:nvircmnt"??tal Audit:
On-Site Wada Trdttniem SySlctns, INAluation and Design
Z-XCe ,r f,7- )2r-4 rY t
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apF WATF9 p Michael F. Easley
`p G Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 Alan Klimek, Director
Division of Water Quality
i<_

5 August, 2003
Mr. Peter A. Jelenevsky
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Regarding: Year one Monitoring Report
Mt. Vernon Springs Mitigation Project
Chatham County
Dear Mr. Jelenevsky,
Thank you for submitting this document and data as required for 401 certification for compensatory mitigation
for the Louis Stephens Drive project in Research Triangle Park. As you note in your 14 July 2003 submittal,
this report includes a revised copy of the as-built plan view, cross-section plots, longitudinal profile, pebble
count, and photographic documentation. These data suggest that the project, at this point, is meeting success
criteria. It should be noted that in future iterations of this review that all benthic macroinvertebrate information
also be included in the summary. These data were collected by your staff on July 12, 2002 but not summarized
in this report.
We look forward to working with you on this project.
Sincerely,
V-?)Vf 0
Dorney
CC: File Copy
Todd St. John and Dave Penrose, Wetlands O1 Certification Unit.
Steve Mitchell, Raleigh Regional Office
NOMM
North Carolina Division of Water Quality; Wetlands/401 Unit
1650 Mail Service Center; Raleigh, NC 27699-1650
2321 Crabtree Blvd., Raleigh, NC 27604-2260
Telephone: [phone]; Fax: [phone]
h ttp://h2o. en r. state. nc. uslncweti a nd s