HomeMy WebLinkAbout20030739 Ver 1_COMPLETE FILE_20030618\ NA TF Michael F. Easley, Governor
0 9 William G. Ross Jr., Secretary
`O? pG North Carolina Department of Environment and Natural Resources
fjj r Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 29, 2003
DWQ# 03-0739
Cumberland County
Colonel Gregory G. Bean
U.S. Army XVIII Airborne Corps and Fort Bragg
ATTN: AFZA-PWBC
Building 3-1631 Butner Road
Fort Bragg, NC, 28310
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Colonel Bean:
You have our approval, in accordance with the attached conditions, to replace the water control structures for Hutaff Lake Dam at
Fort Bragg, Cumberland County, as described in your application received by the Division of Water Quality on June 18, 2003. This is to
include temporary and permanent impacts to 0.12 acre of waters and 315 linear feet of perennial streams associated with the project
design, and up to 0.062 acre of wetlands associated with the boat ramp and along the dam in accordance with onsite discussions with Mr.
Ken Averitte of the DWQ Fayetteville Regional Office. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3374, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use Nationwide Permit Number 12 when issued by the Corps of Engineers. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Randleman Buffer Rules, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed
below:
1. Upon completion of all work approved within the 401 Water Quality Certification, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650;
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Ken Averitte in our Fayetteville Regional Office at 910-486-1541 or Cyndi Karoly in our Central Office in
Raleigh at 919-733-9721.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Fayetteville DWQ Regional Office
Central Files
File Copy
Sincerely,
Alan W. Klimek, P. E.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hllp://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
30739
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Replace Water Constrol Structures for Hutaff Lake
Project Number 03 0739
Recvd From APP
Received Date 6/18/03 Recvd By Region
Project Type Replace Water Constrol Structures
County Cumberland
County2
Region Fayetteville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
12 OTH O Y O N F 18-31-24-5 -?30,615. 0.47 282.00 94.00 F
F- Waters O Y: =U N r-F_F_F_Ir_ 0.12 F_ r- F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y pO N Did you request more info? Q Y 9 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y * N Recommendation: Q Issue * Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 1993410E Longitude (ddmmss) 48555569N
Comments:
The ann, for this eject is confusing, at best. Actual stream imp acts are closer to 94 feet. App,
double counted some items and included some items that shoul dn't have been included at all. The
dam at this lake is high hazard and in poor shape. Proposal is to rebuild the dam
replace the riser &
barrel in the existing locations, and put in a 19' head wall w/75' ri ,
p-rap energy dissipator. The
wetland impacts below the dam .411 ac) are to provide working area for reconstruction of the dam.
(Post construction restoration in some of this area could minimiz e permanent impacts) The area west
tithe boat ramp, #1W_ provides significant WL funtions. As disc ussed at the site meeting, there is
insufficient information provided to justly this fill. It appears reas onable to believe that this eject
can be adequately com[?leted with a verv small amount of fill in t his section, certainly less than .062
ac. Recommendation for approval continaent on modification of the request for fill in this area. Only
fill at boat ramp and along dam would be warranted. COE will lik ely require mitigation. (Project
or'a*nally approved 8-10 yr. ago.)
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: G 1y e CI'Z3 Project Name:
To: ? ARO Mike Parker
FRO Ken Averitte
? MRO Alan Johnson
? RRO Steve chell
From:
4,
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Cyndi Karoly (Central Office)
Telephone : (919) °??i?
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
t ?
Comments: AV J
C
r
Public Works
DA?ARTMENT OF THE ARMY
INSTALLATION MANAGEMENT AGENCY
HEADQUARTERS, FORT BRAGG GARRISON COMMAND (AIRBORNE)
FORT BRAGG, NORTH CAROLINA 28310
June 10, 2003
Business Center
JUN
REPLY TO
ATTENTION OF:
Ms. Lillette Moore
Wilmington Regulatory Field Office,
United States Army Corps of Engineers
P 0 Box 1890
Wilmington, North Carolina 28402-1890
Dear Ms. Moore:
FILE ???'?
Enclosed is a Pre-Construction Notification form for
Nationwide Permit Number 12 Utility Line Discharges as required
by Section 404 of the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act, and for the North Carolina Division of
Water Quality's associated General 401 Water Quality
Certifications.
We understand the activities must comply with any regional
conditions that have been added by the Corps of Engineers (COE)
and with any case specific conditions added by the COE or by the
State in its Section 401 water quality certification. Any
condition in this certification, which is not met, requires
notification to and written concurrence from North Carolina
Division of Water Quality.
This permit area action involves replacement of a failing
existing intake structure and outlet culvert pipe through the
Hutaff Lake Dam with a new 110-foot pipe. Cumulative impacts
include an additional 90 feet of impacts to linear stream
footage involving a concrete outlet structure and riprap. Total
temporary cumulative impacts are 225 feet; total permanent
cumulative impacts are 90 feet.
If you have any questions, please contact Mr. Erich Hoffman,
(910) 396-2867.
Sincerely,
Golonel, U.S. Army
Director of Public Works
Business Center
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 12
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 (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name:_ U.S. Army XVIII Airborne Corps
Mailing Address: XVIII Airborne Corps and Fort Bragg
ATTN: AFZA-PWBC
Building 3-1631 Butner Road
Fort Bragg, NC 28310
Telephone Number: (910)396-4009 Fax Number:
E-mail Address:
Agent 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:
E-mail Address:
Fax Number:
Page 1 of 9
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: Replace Water Control Structures for I lutaff Lake Dam Ft. Bray: NC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN):
4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The project is located approx.
one-half mile southeast of the intersection of Chicken Road and McRidge Road Ft. Bragg_
NC.
5. Site coordinates, if available (UTM or Lat/Long): UTM 1993410E 485569N
(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. Describe the existing land use or condition of the site at the time of this application:
Militarv
7. Property size (acres): Disturbed construction area is about 2.0 acres located on Fort Bragg_
8. Nearest body of water (stream/river/sound/ocean/lake): Hutaff Lake Dam
9. River Basin: Cane F
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htti)://h2o.enr.state.nc.us/admin/mai)s/.)
Page 2 of 9
10. Describe the purpose of the proposed work: This project will replace approximately
feet of failing 18" corrugated metal outlet pipe through the Hutaff Lake Dam with 110 feet
of new 48" reinforced concrete pressure pipe. The work also includes construction of new
intake and outlet structures, raising the crest elevation two to three feet with associated
increase in dam footprint area, a walkway bridge to the intake and a boat ramp.
11. List the type of equipment to be used to construct the project: All typical construction
equipment used for earthwork projects.
12. Describe the land use in the vicinity of this project: Undeveloped - Military
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.
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 additional permit requests anticipated.
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
Page 3 of 9
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
#1W Excavation,
Backfill,
Concrete Outlet
Structure, and
Riprap
Total of
0.473
Aare
Yes
Adjacent
Forested Wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at littp://www.fema.g_ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: Approx. 0.7 acre
Total area of wetland impact proposed: 0.473 acre
2. Stream Impacts, including all intermittent and perennial streams:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
#IS Intake Structure 14 Stewarts Creek Approximately
3 feet Perennial
#2S Culvert 110 Same as Above Same as Above Satne as Above
#3S Walkway Bridge 64 Same as Above Same as Above Same as Above
#4S Concrete
Headwall 19 Same as Above Same as Above Sarne as Above
115S Riprap 75 Same as Above Same as Above Sarne as Above
* 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),
Page 4 of 9
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.uov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 225 feet Temporary; 90
feet Permanent
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
:f 10 W
Intake Structure
1'otal
l3oundarv 1-ine l.,ake
I ake
20tit Walkway Bride C) I'
,.?
?(_)?V .
l;?ct.(3vattr>tl
0,1
#t:40W Boat Ramp Ac.rc
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The majority of the impacts, the excavation and backfill required to install the new water control
structures and culvert through the dam will be only temporary. The new intake structure
although somewhat larger, will be constructed on the exact location of the old structure The
? wetlands
installation of
Page 5 of 9
new outlet structure and riprap apron are required because of the larger outlet culvert installed to
upgrade the dam to current North Carolina dam safety requirements The riprap apron was
designed in accordance with criteria from the North Carolina Erosion and Sediment Control
Planning and Design Manual.
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/ww/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
IX.
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X 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 X No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Page 7 of 9
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 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (DWQ Only)
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.
The proposed project will replace approximately 65 feet of failing 18" CMP outlet pipe through
the Hutaff Lake Dam with 110 feet of new 48" RCP. The pipe will be replaced by excavation
and backfilling along the alignment of the existing pipe. Considering the excavation. and room
for access, equipment and stockpiles, the entire project should disturb about 2 acres. About 0.6
acres of this area is within the lake and will be inundated upon reimpoundment. Only about 0.2
acre outside the existing dam and lake will be permanently disturbed and lost to construction.
Tunnelling alternatives were considered but rejected due to cost. Sediment entering the stream
as a result of the construction will be minimized by )silt fencing wherever practical; 2)use of
temporary seeding; 3)seeding, mulching, placing erosion matting, and establishing Permanent
vegetation on disturbed areas as soon as possible following construction; and 4)replacing the
pipe as quickly as possible to minimize the period of disturbance.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Page 8 of 9
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
ORY G. BEAN
olonel, U.S. Army
Director, PWBC
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
0
W A
Pre-Construction Notification (PCN) Application Form
QG
I? tom'
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg_pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: (828) 271-7980 Burke Gaston Macon Rutherford
Fax: (828) 281-8120 Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson
Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763
Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 258-3939
[arise Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 452-7772 Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 12
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