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HomeMy WebLinkAbout20030673 Ver 1_COMPLETE FILE_20030605ISSUED Office Use Only: Form Version May 2002 USACE Action ID No. 200310560 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing WETLANDS /401 GROUP 1. Check all of the approval(s) requested for this project: JUN 0 5 2003 ® Section 404 Permit ? Ripa uffer Rules ® Section 10 Permit E] Isola Z=li Q MX 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Altair Construction, Division of Fenton Rigging Co. Mailing Address: 2150 Langdon Farm Road, Cincinnati, Ohio 45237 Telephone Number: (513) 631-5500 Fax Number: (513) 631-4361 E-mail Address: Bwitte@altairconstruction.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 Page 2 of 2 The proposed project must comply with all of the conditions of General Water Quality Certification(s) (GC) 3366. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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. 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, 01a Klimek, P. E., NC DWQ, Director Attachments: Certificate of Completion GC 3366 Cc: USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files DWQ # 03-0673 Date: June 24, 2003 bz ISSUED Office Use Only: Form Version May 2002 USACE Action ID No. 200310560 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing WETLANOPS/401 GROUP 1. Check all of the approval(s) requested for this project: JUN 5 2003 ® Section 404 Permit ? Ripa uff1 Rules ® Section 10 Permit ? Isolat i Q ?X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Altair Construction, Division of Fenton Rigging Co. Mailing Address: 2150 Langdon Farm Road, Cincinnati, Ohio 45237 Telephone Number: (513) 631-5500 Fax Number: (513) 631-4361 E-mail Address: Bwitte@altairconstxuction.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: ¦ Altair Constru lOn visit us at our website wwta. enlonrigging.com RAILROAD DIVISION OF FENTaN RIGGING COMPANY 2150 Langdon Farm Road Cincinnati, Ohio 45237 513-631-4361 - Fax 513-304-5455 - Cell 513-831-6391 - Home E-mail: bwitte®altairconstruction.com Robert "Butch" Witte project manager 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: Replacement of Neuse River Bridge, MP BC27. 90 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4. Location County: Lenoir Nearest Town: Kinston Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): See Enclosed Map 5. Site coordinates, if available (UTM or Lat/Long): N350 14' 38" W770 33' 29" (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): Total Work Area - 1.7 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Neuse River 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htty://h2o.enr.state.nc.us/admin/mays/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Railroad Track & Bridge Crossing Neuse River Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Replace existing bridge spans by constructing one (1) new concrete abutment and two (2) new concrete piers. Equipment used will be drilling rigs for piers and crawler crane to erect new bridge spans. 11. Explain the purpose of the proposed work: The purpose is to upgrade the existing rail lines. 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. Action ID 200210241 Date 12/27/01 Exp 12/27/03 Zone 18 N3902857 E267237 Lenoir County Action ID 200310560 Date 5/28/03 Exp. 5/28/05 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. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also. provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts, impacts include, but are not limited to: mecnanUM cteanng, grading, nu, excavation, flooding ditching/drainage, eta For dams, separately list impacts due to both structure and flooding. ss 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 httpJ/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: N/A Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on map) Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) #2 Steam Crossi ng 80' None 20'± Perennial Outflow From Sewage Plant 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, cub 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.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.maMuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 80' Temporary Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact 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. Temporary Rip 0.5 Neuse River River Rap - Work area to be removed on completion of work * 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.): N/A 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. Alternate methods of construction were studied. (1) Temporary bridge rejected because of artesion water under river. (2) Construction from above, span lengths resulted in impractical construction requirements. 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 12 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/stnnp-ide.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. Restore any disturbed slopes to original condition, unless authorized to leave temporary roads in place 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 hgp•//h2o.enr.state.nc.us/)M/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A - Amount of Coastal wetland mitigation requested (acres): A N 7 Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the. requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No a See Nationwide Permit 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 ? 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 Access Ramp To River )? Yes ® No ? If you answered `des", 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 90 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 1 extends an additional 20 feet from the edge of Zone 1. Page I 1 of 12 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. M. 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. 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. Temporary Contained System 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). We originally submitted this same form to USACE on 3/31/03 and received it back on 6/2/03. We would appreciate a reply from DWQ as soon as possible because we could not start until June 1st because of the Moritorium from March 1st until June 1st. Robert J. Witte, Jr. Project Manager 6/4/03 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Altair Construction Jobsite Blo St I P Eastridge Cir L North St \ Chestnut St Hides Av s ?y m Go Z ti Q ?g m o v, v) U, m m o c N Caswell St Kinston,NC I r ^ ~ 0 OLD PINK HILL RD_ nNG ST I jing St ?ar?o .? o m Z y \ Bright St UJI Desmond St r? W Shine St CY South St r c a ' 0 w a U. Oak St Cn t- R'v,R Toledo St 0 m \ Tampa St ??we?RNRO Bndge Site Darden Dr McDonaids 4 E NEW BERN RD ola"`` Collier Loftin Rd 70 } 58 58 Baker Rd i Co YRiGWrr 1984199] ernx INC Pig Nobles Rd ©1999 by Rand McNally & Company. All rights reserved. rnmIII Target is 350 14' 38"N, 770 33' 29"W - RIVERMONT quad [Quad _ Info] miles i `i? ': ittp://www.topozone.com/print.asp?z=18&n=3902892&e=267232&u=2 6/3/2003 me4ers0 2000 , 4000. 6000 8000 Neuse River Basin Map NC DWQ Basinwide Planning Site Menu What is Basinwide Planning? Basinwide Plan Executive Summaries Basinwide Water Quality Plans River Basin Quiz Events and Meetings Basinwide Contacts Links - - Maps You selected the NEUSE River Basin. Click below for: Events Contacts 1993 Plan Summary 1998 Plan Summary 1998 Basinwide Plan ,I `??ia a'rS. ? IrY ? • • k, i ?. JfR7 1l,. • i :1,3uo.ar?;7 4 ID 29 30 Nuns BACK TO NC RIVER BASIN MAP BACK TO NC RIVER BASIN MAPS PAGE http://h2o.enr.state.nc.us/basinwide/whichbasinneuse.htm NEUSE RIVER BASIN rcry General Map of they i, s' Neuse River Basin woru Legend -----• County Uwidary River Basin Boundary Subbasin Soundnry -- Ma)arHydregraphp rAunicipai :y Faderal Lands A RA r«a.y rv.: W4444 Page 1 of 1 6/2/2003 NATIONWIDE PERMIT 33 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 18, 2002 Temporary Construction, Access and Dewatering: Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or de\vatering of construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard (USCG), or for other construction activities not subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot be used to de-,eater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322). The permittee must notify the District Engineer in accordance with the "?Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure environmental adverse effects is minimal. Such conditions may include: Limiting the temporary v..-ork to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g., construction mats in wetlands where practicable.). (Sections 10 and 404) NATIONNVIDE PER_NIIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1.','avigation. 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. Permittees are encoura-ed to perform work within waters of the United States during periods of low-flow or no-flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that 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. conditions that may have been The activity must comply with any regional 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 com on Scenic River System; or in a riv p ent of the National Wild and er 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. 2 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 water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management 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 water quality management 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). This condition is only applicable to projects that have the potential to affect water quality. NVhile appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 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 (ESA), 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 ESA 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 NVv-P does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide Web pages at http://wlvw.f«'s.gov/r9endspp/endspp.html and http://www.nfms.noaa.gov/prot res/overviev?Ves.html respectively. 12. Historic Properties. No activity that may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer 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 Maces (see 33 CFR )30.4(cr ). For historic properties listed in, or eligible for listing in, the National Registertof H storic 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 notify the District Engineer with a preconstruction notification (PCN) as early as pol sible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request 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 notification 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 A,,ith 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 penmittee'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(d)(2). 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. Sketches should be provided when necessary to show that the activity complies with the terms of the NWT (Sketches usually clarify the project and when provided result in a quicker decision.); 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('1j); 3. For NIN- P 7 (Cutfall 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 NW'P 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of -,eaters of the US 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, if applicable. To be authorized by this NW-P. the District Engineer must determine that the activity complies with the terms and conditions of the N'VP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; 8. For NWT 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; 9. For NAVP 29 (Single-Family Housing), the PCN must also include: i. Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; ii. A statement that the single-family housing activity is for a personal residence of the perrnittee; iii. A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWT, 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, formal wetland delineation must be prepared in accordance %vith the current 5 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 N`NVP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee 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 identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; it. A delineation of any affected special aquatic sites, including wetlands; and, iii. Location of the dredged material disposal site; 11. For N"W7P 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 N«'Ps 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; 13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NTWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; 14. For NNTT 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This '-N-WT does not authorize the relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; 6 1 5. For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater 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 US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; 16. For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the N'V.R, and a reclamation plan (for all aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rockf'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 b° affected by the proposed work; and 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. c. Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(18) 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 N-\TJP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. 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 N W P and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences 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 7 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. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: 1. That the project does not qualify for authorization under the NN WP and instruct the applicant on the procedures to seek authorization under an Individual Permit; 2. that the project is authorized under the N- WP 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 to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include 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. NV-hen conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US 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 environmental effects 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 US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). 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 response 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)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS 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. Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (\1!4\.-acre in size). The permittee 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. ' ? CV Cel-*;Ll L+fica+4Lion. Every permit tee who has received NWP verification from the I I llllli Q11 L+L. 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 and 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 permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NNVP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NN Ps does not exceed the acreage limit of the NWI? with the highest specified acreage limit (e.a. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NAT P 13, the maximum acreage loss of waters of the US for the total project cannot exceed \ 1i3`,-acre) . 16. )Water Supply Intakes. No activity, including structures and work in navigable waters of the US 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 eater supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US 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 '-' AA P 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US 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 9 from toxic pollutants in toxic amounts (see section 307 of the CWA). 19. Mitigation. 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. The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. c. Compensatory mitigation at a minimum one-for-one ratio will be required for all ,wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specinc waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre loss of wetlands to a ',,1/2'\.-acre loss associated with 3MkT 39 verification. However, \1/2\-acre of created wetlands can be used to reduce the impacts of a \I/21: acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. e. 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. f. Compensatory, mitigation plans for projects in or near streams or other open raters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic 10 environment or, a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. g. Compensatory mitigation proposals submitted with the " notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the US 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 permanently 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 provide for not increasing water flow's from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and 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. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable 11 waters of the US 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, NOAA-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 US 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 US 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 USFWS or the NMFS 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 it is determined 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 existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs), resulting in permanent above-grade fills, are not authorized by NW'Ps 39, 40, 42, 43, and 44. b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, and 44. c. The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the 12 project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of a NWP. 2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by law. 3. NIA?s do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best Management Practices B.1,IPs): BMPs are policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or nonstructural. A BMP policy may affect the limits on a development. Compensatoi-v Mitigation: For purposes of Section 10/404, compensatory mitigation is the restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts, which remain, after all appropriate and practicable avoidance and minimization has been achieved. O-eation: The establishment of a wetland or other aquatic resource where one did not formerly exist. Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase 13 one or more aquatic functions Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is the primary source of water for stream flow. Farn- 1 A unit of contiguous land under one ownership that is operated as a a farm. farm or part of FlooFloonze: That onion of the 100- year flood lain outside of the floodway (as "floodway fringe"). p often referred to Flo- odwav: The area regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot as set by the National Flood Insurance Program) within the 100-year floodplain. ) Independent Utility: A test to determine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi- phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent Stream: An intermittent stream has flowing water during when groundwater provides water for stream flow. During d periods, inter times of the year, eams not have flowing water. Runoff from rainfall is a supplemental source water for st ream flo way Loss of waters ofthe US, Waters of the US that include the filled area and other waters that ar permanently adversely affected by flooding e activity. Permanent adverse effects include ?peexcavation, or rmanent abo ei-alrade, at grade,oortbelow-graed fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or e change the use of a waterbody. The acreage of loss of waters of the US is the threshold y measurement of the impact to existing waters for determining whether a project may qualify for a N -W-P; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and values. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded, excavated, or drained, but restored to preconstruction contours and elevations after construction.' are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters are only not included in the acreage or linear foot measurements of loss of waters of the US or loss of stream bed, for the purpose of determining compliance with the threshold limits of the NWPs. _Non-tidal Wetland.- An area that, during a year with normal patterns of precipitation has 14 standing or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic vegetation within the area of standing or flowing grater is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. The term "open water" includes rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral waters. Perennial Stream: A perennial stream has floNvina water year-round during a typical year. The water table is located above the stream bed for the most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Permanent Above-,7-ade Fill: A discharge of dredged or fill material into waters of the US, including wetlands, that results in a substantial increase in ground elevation and permanently converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36, etc. are not included. PT-eservation: The protection of ecologically important wetlands or other aquatic resources in perpetuity through the implementation of appropriate legal and physical mechanisms. Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure protection and/or enhancement of the overall aquatic ecosystem. Restorati077: Re-establishment of wetland and/or other aquatic resource characteristics and function(s) at a site where they have ceased to exist, or exist in a substantially degraded state. Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Sinzle and Complete Pro/ect: The term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers (see definition of independent utility). For linear projects, the "single and complete project" (i.e., a single and complete crossing) will apply to each crossing of a separate water of the US (i.e., a single waterbody) at that location. An exception is for linear projects crossing a single waterbody several times at separate and distant locations; each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies. Stor7mt?ater Manazement: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. 15 Stormwater Manazement Facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and BMPs, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream Channelization: The manipulation of a stream channel to increase the rate of water flow through the stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities that change the stream cross-section or other aspects of stream channel geometry to increase the rate of water flow through the stream channel. A channelized stream remains a water of the US, despite the modifications to increase the rate of water flow. Tidal Wetland.- A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar month, during spring high tides. Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other open waters, which separates the open water from developed areas, including agricultural land. Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat for fish and other aquatic organisms, moderation of water temperature changes, and detritus for aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be established by maintaining an existing vegetated area or planting native trees, shrubs, and herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated buffers because they provide little or no aquatic habitat functions and values. The establishment and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic environment. (See General Condition 19.) Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Wate_ rbodv: A waterbody is any area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody. 16 FLNAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON DISTRICT 1. Waters Excluded from NWP or Subject to Additional Notification Requirements: a. The Corps identified waters that will be excluded from use of this NWP. These waters are: 1. Discharges into Waters of the United States designated by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning area are prohibited during the period between February 15 and June 30, without prior written approval from NCDMF or NCW'RC and the Corps. 2. Discharges into Waters of the United States designated as sturgeon spawning areas are prohibited during the period between February 1 and June 30, without prior written approval from the National Marine Fisheries Service (N-MFS). b. The Corps identified %vaters that w l be subject to additional notification requirements for activities authorized by this NWP. These waters are: 1. Prior to the use of any N P in any of the following North Carolina designated waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant must furnish a written statement of compliance with all of the conditions of the applicable Nationwide Permit. The North Carolina designated waters that require additional notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources Commission), or contiguous wetlands (as defined by the :North Carolina Division of Water Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries). 2. Applicants for any N'VP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA), must also obtain the required CAMA permit. Construction activities may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Of ice (Wilimiington Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC 27889) for authorization to begin work. 3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written statement of compliance with all of the conditions listed of the applicable Nationwide Pe-lit. 17 4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of Nort h Carolina. applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written statement of compliance with all of the conditions listed of the applicable N?VP. Note: The following wetland community types identified in the N.C. Natural Heritage Program document, "Classification of Natural communities of North Carolina (Michael P. Schafale and Alan S. Weakley, 1990), are subject to this regional condition. Mountain Boas Swamp Forest-Bog Complex Piedmont Bois Upland Depression Swamp Forest Swamp Forest-Bog Complex (Spruce Subtype) Southern Appalachian Bog (Northern Subtype) Southern Appalachian Bog (Southern Subtype) Southern Appalachian Fen 5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25) designated counties of North Carolina, applicants shall comply with Nationwide General Condition 13. In addition, the applicant shall furnish a written statement of compliance with all of the conditions listed of the applicable NWP. Notification will include a letter of comments and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the location of work, a delineation of wetlands, a discussion of alternatives to working in the Mountain Trout Waters, why other alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to the NCWRC concurrent with the notification to the District Engineer. The NCWRC will respond both to the proponent and directly to the Corps of Engineers. The twenty-five (25) designated counties are: Alleghany Buncombe Ashe Burke Avery Yancey Cherokee Clay Caldwell Graham Wilkes Swain Haywood Henderson Jackson Surry Macon Madison McDowell Mitchell Stokes Polk Transylvania Watauga Rutherford 6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination of the disposal area and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a 18 swim advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation Section must be notified before commencing this activity. 2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits a. Individual or multiple NWPs may not be used for activities that result in the cumulative loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent streambed that exhibits important aquatic function(s). b. Prior to the use of any NN-VP (except 13, 27, and 39) for any activity that has more than a total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if the intermittent stream has important aquatic function), the applicant must comply with Nationwide Permit General Condition 13. In addition, the applicant shall 5.1mish a written statement of compliance with all of the conditions listed of the applicable N?NP. Compensatory mitigation is typically required for any impact that requires such notification. [Note: The Corps uses the Intermittent Channel Evaluation Form, located with Permit Information on the Regulatory Program Web Site, to aid in the determination of the intermittent channel stream status. Also, NWPs 13, 27 and 39 have specific reporting requirements.] c. For all Nationwide Permits which allow the use of concrete as a building material, measures will be taken to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with waters of the state until the concrete has hardened. d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. e. For all NWPs that involve the construction of culverts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the Fx a&xav Appmach Fill Bankfau Cu:vert Fni::sd beirn strew-nbed to appzo?riate 5=seam d?pth Bottom bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will satisfy this condition. A waiver from the depth specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in more adverse impacts to the aquatic 19 environment. 3. Additional Regional Conditions Applicable to this Specific Nationwide Permit. The required restoration plan must include a timetable for restoration activities. NORTH CAROLINA DIVISION OF WATER UALITY GENERAL CERTIFICATION CONDITIONS GC3366 1. These activities do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 2 is applicable to all streams in basins with riparian area protection rules; 2. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Randleman and Catawba River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. 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; 3. 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 anual" (available from the Division of Land Resources (DLR) in the DENRIRegional or Central opriate 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; 4. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 5. 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; 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 20 culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aegradation, degradation or significant changes in hydrology 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 aegradation, degradation or significant changes in hv_ drology of streams or wetlands; 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. All temporary fill shall be removed to the original grade after construction is complete and the site shall be stabilized to prevent erosion; 9. Pipes shall be installed under the road or causeway in all streams to carry at least the 25 year storm event as outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" so as not to restrict stream flow during use of this Certification; 10. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence 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; 11. Additional site-specific conditions may be added to projects for which written concurrence is required or requested under this Certification in order to ensure compliance with all applicable eater quality and effluent standards; 12. 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 these corresponding Nationwide and Regional General Permits, whichever is sooner; 13. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. NORTH CAROLINA DIVISION OF COASTAL I\ZANAGEI TENT STATE CONSISTENCY Consistent. 2 1 Citations: 2002 Nationwide Permits - Federal Register Notice 15 Jan 2002 2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002 2002 Regional Conditions - Authorized 17 May 2002 22 . IV_ Jtii t,i U.S.ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200310560 County Craven GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Altair Construction c/o Mr. Robert Witte Address: 2150 Langdon Farm Road Cincinnati, Ohio 45237 Telephone No.: 513-304-5455 Size and location of project (water body, road name/number, town, etc.) Project is located within an existing North Carolina Railroad Corridor leased by Norfolk Southern Corporation crossing the Neuse River southeast of Kinston North Carolina approximately 0.7 miles northwest of the intersection of U. S. Hwv. 70 and NCSR 1804 in Lenoir County. Description of activity Placement of temporary stone work platforms within the Neuse River for the purpose of replacing an existing railroad trestle bridge (previously authorized via Nationwide Permit No. 3 Action ID 200210241)Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) X Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number Nationwide Permit Number 33 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 of the Clean Water Act (as indicated above), before beginning work you must receive a Section 401 water quality certification from the N.C. Division of Water Quality (telephone (919) 733-1786). For any activity within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management (telephone (919) 733-2293. Please read and comply with the attached conditions. Any violation of these conditions may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or The Corps of Engineers regulatory program, please contact Scott Jones at 252-975-1616 ext. 16. Corps Regulatory Official Date 28 May 2003 Expiration Date of Verification 28 Mav 2 4- - SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. i.. Additional Regional and Special Conditions Action 1. D. #200310560 Altair Construction a) The permitee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permitee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. b) The permitee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. C) If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained at the expense of the permitee. d) The permitee shall obtain pre-project and post-project cross-sectional areas and depth profiles of the Neuse River upstream of the crossing, at the project crossing, and downstream of the crossing. Alterations to cross-sectional area and depth that are attributed to project activity shall be corrected and pre-project conditions re- established. e) All temporary fill shall consist of clean rock rip-rap of sufficient size to prevent downstream migration. All temporary fill shall be entirely removed to upland areas within thirty (30) days of project completion. • _ u) i - ,4, Action ID Number: ':;? Oo ? 10 S('::' O Name of Permittee: 4 4mtiu? completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: USAED, Wilmington Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Please note that your permitted activity is subject to a compliance inspection by a United States Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the. above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date r r-l J_ V oa D J ? U I LJ W Y r-I U 3 z Q ? L; z J J z ? U APPROXIMATE f 20 I l TEE OF SLOPE 'I i 18'° ?I `?21 29 -/ - - - -1 RIPRAP WORK AREA i RIPRAP ` - m i ml WORK AREA fll \\ W\ \ -? tr) I \ \\\ \\ \ \ r. A It N 0 It z cu SLIPS AS J I I I - } ? ?I I ,\\\ \\\\\ -? - -- --Ali \ IT I _?4` WI -. I 1\1??1 III??I II I I II( _ -rt _j I d[RIIS - If - -- --tiy--? I 3; _ 1 PIAQ AT 01101 I ' r\\\ ?\ `II SIPEAA [E (qm I \\\11??I l I ? r <I I ID DAAI ' \ 1 I RIPRAP 21x:1 ?y 1 I 11 O II 0 \ SILTATION PROTECTION ? WORK AR 1 RIPRAP i I 1 TO SE SIMILAR TO OTHER p6 BAN( REQUIREMENTS a U ? \ \ i I WORK AREA I I I 1 I I 6' DIAMETER SEDIMENT TRAPS (2' DEEP) P A A? g I Y I I 2 BEMIRED 11 APPROXIMATE TEE OF SLOPE SILT FENCE AT ELEV. 22 _ (TYPICAL EXCEPT AT ROADWAY) R/W OUTLET FROM SEWAGE PLANT FILE=NEUSE03.DWG -1 RRR/W_/?--?------+- ------- PROVIDE (2) 36" PIPES FLOW 7,000,000 GAL/DAY 11 CFS AVG. CONSTRUCTION ROAD OVERALL PLAN SCALE: I"=40'-O' WHEN PLOTTED ON 11 X 17 FORMA' 0 10 40 80 SCALE IN FEET RRR/V- 32 _34 'MINUS-141 oUp JUN 0 5 2003 AITEIRQUALITYSECTioN f --_21-_ 20 / A ---- I ---' l 1 ; I I ? ' ' X 0 1 26 ° :2 3 16 CITY [-JF ?-STON SER PI,;A, cT -ION FOR REVIEW cR..N ',v, C PE, REVISIONS CECKE CONSULTING GROUP NO. DATE j DESCRIPTION COLUMBUS; -`-,2207 3048-1 5 OVERALL PLAN TEMPER,.=RY vv--; ~LA I PERM CAROLINA RR -VE-R NEUSE RIVER BRIDGE LENOIR COUNTY, N.C. DESIGAEul DRAWN -r.ED ICn'ECzE. :ATE REVISED GWC DCR j !3/25/03 ? L ? v, q E J ? U W n W v_ ? U 3 z Cl rv 0 l7 J Z v_ G r, r? ? II I I I 20 I I 18 22 24 26 28 RIPRAP III 16 l I I / WORK AREA 111 \\\\ \\\ \ \ •- _ - - - -29 N I I I \\\ \\\\ \ ° I N III \\ \\\ \ J 36' CULVERTS 0 GA.) r_ I PLACE AT BOTTOM ?J \\\\` I I II u STREAM BED (SLOPE L J L \\A ? -= I TO DRAIN) ? Q ( I A?? D I I D 1\\ ~ I ? RIPRAP I I 1 ° I WORK AREA I 5' DIAMETER SEDIMENT TRAPS (2' DEEP) LD I I I 2 REQUIRED 11 ? g Y ,z ? I I o z, I I I --- ---- 3 g~ j r'Y I \ APPROXIMATE TOE OF SLOPE SILT FENCE AT ELEV. 22 (TYPICAL EXCEPT AT ROADWAY) i y ---32 -34 - - - , - -34-- 'fu -30--^ ---2s-N -22>M--- 1 8 2 1 0 1I 1 A . A I ? I l I 26 \ 18 '22 RR R/W 2 \- EAST PORTION OF PLAN J SCALE: 1"=20'-0" z WHEN PLOTTED ON 11 X 17 FORMAT J 0 10 20 30 40 50 SCALE IN FEET FILE=NEUSE03.DWG 1 30/ ELEV, 18 STREAM BED SECTION D-D NO SCALE FABRIC FENCE SEE DETAIL "C" ON SHEET 5 0o FOR REVIEW REVISIONS COOKE CONSULTING GROUP NO. DATE DESCRIPTION COLUMBUS, OHIO 43207 3048-3 5 EAST PLAN TEMPORARY WORK PLATFORM CAROLINA RR OVER NEUSE RIVER BRIDGE LENOIR COUNTY, N,C. DESIGNED DRAWN TRACED CHECKED REVIEVED DATE REVISED GWC DCR 3125/03 L;MtUIK NU. UA I t VENDOR INVOICE INVOICE INVOICE DESCRIPTION GROSS AMOUNT DISCOUNTS, RETENTIONS NET AMOUNT NUMBER DATE PAYMENTS TO DATE THIS CHECK REF- NCRR NEUSE RIVER BR IDGE 200.00 .00 200.00 Permit F D GROSS AMOUNT NET AMOUNT TOTALS 10 ? V) o? J a U W CL W Y U 3 z ? i CL_ ? E7 z z U W Y 0 U EXISTING TRUSSES (TYPICAL) /?\ /I\ /I\ /I\ / I \ i I \ / I \ // II \\ _ ? ? ?t 29.4± r- I ---7 7 I III FT- ? II Il ll I I I II y ??? I I I I I RK?NG SgFFACFI = ELEV. 18'I I I I III I I I I I 11 DId (AREA = 330±1 11 V NWS 16± I I II II III I II II -? -L? IL -IL_ ? I I I III C_?__ 2 12 I J_I??L I ELEV AREA ' I I WATERW AY 16 4750' I AREA = 18 700 ?' i FIELD MEASURED VELOCITY OF FLOW I I = 2.2± FT. PER. SEC, AT ELEV 18± I I I = 4 FT. PER. SEC. (DESIGN) AT ELEV 34± 100 YR FLOOD I I TEMPORARY ADDITIONAL i I -25.0 PLAN CASING IF REQUIRED BY DRILLER (TYPICAL) 100 YEAR STORM SPAN #1 SPAN #2 ELEV. 34.4 ALL TEMPORARY WORK AREA ROCK FILL TO BE REMOVED WHEN WORK ON Y STRUCTURE IS COMPLETE 29.6± I -T I ? I I WORKING SURFACE = ELEV. 18' - - ?, I N? I i NEW PERMANENT RIPRAP (AS PER CONSTRUCTION PLANS) PERMANENT CASING (SEE CONSTR. DRAWINGS) REVISIONS COOKE CONSULTING GROUP NO. DATE DESCRIPTION COLUMBUS, OHIO 43207 3048-4 5 ELEVATION ELEVATION TEMPORARY WORK PLATFORM SCALE: IN=20'-0" CAROLINA RR OVER WHEN PLOTTED ON 11 X 17 FORMAT NEUSE RIVER BRIDGE 0 10 20 30 40 50 LENOIR COUNTY, N,C• SCALE IN FEET DESIGNED DRAWN TRACED CHECKED REVIEWED DATE REVISED i F]LE=NEUSE03.DW6 GWC DCR 3/25/031 DIKE AREA = 560± SPAN #3 FOR REVIEW r-l ? vi 3 J U w CL w Y D U 3 z ? ?I zl F. • J z ? U U, V ? U NOTE: DO NOT RESTRICT WATER FLOW WHEN PLACING ROCK ROCK TO BE EVEN WITH SURROUNDING GROUND o:O os' o 4 g-14' ,?, 'YY ?S NEEDED'' a AREA 3 ANCHORS FILTER FABRIC SEE DETAIL 'C' SECTION A-A NO SCALE pG? ?lR zo Of +1 AREA 3 `CD SURFACE STONE a.oaoao'" 01??(??^o'?c??ooVo ° ° ' a dJUa dJUO do d?a ? . p. .p. .p. 0. o. D .0 OR BROKEN CONCRETE RIPRAP AREA 2 ROCK CL AREA 1 ASS 2 RIPRAP AREA 2: UNGRADED RIPRAP D50 =12' AREA 3: #2 STONE TO FILL VOIDS OF AREA 2 RIPRAP ff 0 f,0?10? 91? SECTION B-B NO SCALE STEP I STEP 2 STEP 3 EXCAVATE A 6' BY 6' TRENCH PLACE FABRIC AND SUPPORT STAKES BACKFILL AND COMPACT THE ALONG THE PROPOSED FENCE LINE. AND EXTEND FABRIC INTO TRENCH. EXCAVATED SOIL MATERIALS FILTER FABRIC MATERIAL SHALL MEET: APPROXIMATE OPENING SIZE = AUS<0.84MM MIN TENSILE STRENGTH = 120 LBS- MAX. ELONGATION AT 60 LBS, = 50 % MIN. PUNCTURE STRENGTH = 50 LBS• MIN. TEAR STRENGTH = 40 LBS, MIN. BURST STRENGTH = 200 PSI. CONSTRUCTION: THE BOTTOM OF THE FABRIC SHALL BE BURIED 6 INCHES BELOW THE GROUND. THE FABRIC SHALL BE HIGH ENOUGH TO RETAIN SEDIMENT WATER AND ADEQUATELY SUPPORTED TO PREVENT COLLAPSE OR BURSTING. THE GROUND ELEVATION OF THE FENCE SHALL BE HELD CONSTANT EXCEPT THAT THE END ELEVATIONS SHALL BE RAISED TO PREVENT FLOW AROUND THE END OF THE FENCE. MAINTENANCE! THE FILTER FABRIC FENCE SHALL BE MAINTAINED TO BE FUNCTIONAL. THIS SHALL INCLUDE REMOVAL OF TRAPPED SEDIMENT AND REQUIRED CLEANING, REPAIR, AND/OR REPLACEMENT OF THE FILTER FABRIC. SEDIMENT SHALL BE REMOVED WHEN IT'S DEPTH REACHES HALF THE HEIGHT OF THE LOWEST SECTION OF FENCE, DETAIL "C" TO BE USED WHERE VEGETATION IS REMOVED rii r_w I ICr"'i min AREA 1 o_ EXISTING DISTURBED SLOPE WHERE ENCOUNTERED 5' OF #2 STONE 1 ANCHORS ANCHORED FILTER FABRIC DETAIL "D" NO SCALE SLOPE PROTECTION WHERE GROUND HAS BEEN DISTRUBED AT A POINT BELOW THE SILT FENCE CONSTRUCTION NOTES 1, TEMPORARY WORK PLATFORM TO BE INSTALLED, MAINTAINED WHEN DAMAGED BY HIGH WATER, AND REMOVED AFTER COMPLETION OF WORK, 2. SINCE THE WATER SURFACE CAN BE EXPECTED TO VARY CONSIDERABLY, THE SILT FENCE HAS BEEN PLACED AT ELEVATION 22, SILT FENCE TO BE PLACED WHERE ANY OF THE GROUOND HAS BEEN DISTURBED, FOR REVIEW • REVISIONS COOKE CONSULTING GROUP NO. DATE DESCRIPTION COLUMBUS, OHIO 43207 3048-5 511 DETAILS TEMPORARY WORK PLATFORM CAROLINA RR OVER NEUSE RIVER BRIDGE LENOIR COUNTY, N,C, DESIGNED DRAVN TRACED CHECKED REVIEVED DATE REVISED GWC DCR 3/25/03. Visit us at our website Al t www.jentonrigging.com ai r RAILROAD DIVISION OF Construction FENTON RIGGING COMPANY 2150 Langdon Farm Road Robert "Butch" Witte Cincinnati, Ohio 45237 Project Manager 513-6314361 - Fax 513-631-8585 513-304-5455 - Cell Ext. 3025 513-831-6391 - Home E-mail: bwitte®altairconstruction.com