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HomeMy WebLinkAbout20011049 Ver 1_Complete File_20010711State of North Carolina Department of Environment and Natural Resources Division of Water Quality 4 o f Michael F. Easley, Governor William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES August 1, 2001 Johnston County DWQ Project No. 011049 APPROVAL for 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. James H. Trogdon, P.E. Division Engineer NCDOT, Division 5 PO Box 3165 Wilson, NC 27893 Dear Mr. Trogdon: You have our approval, as described in your application dated July 5, 2001 and in accordance with the attached conditions and those listed below, to place fill material in 0.01 acres of wetlands for the purpose of replacing Bridge Number 73 on SR 1140 over Stone Creek. The project shall be constructed in accordance with your application dated July 5, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification corresponds to the Nationwide Permit Number 18 issued by the Corps of Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1.) Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 2.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor IE A U\"\. William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B .0200 for the discharge of fill material to navigable waters and adjacent wetland areas tributary to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18). This certification replaces Water Quality Certification Number 2669 issued on January 21, 1992 and Water Quality Certification Number 2733 issued on May 1, 1992. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permit 18 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by this Nationwide Permit require written concurrence from the Division of Water Quality; 2. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent edition of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) are utilized to prevent violations of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated trout waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters); 3. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 4. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 5. This Certification shall not be used in conjunction with the Certification for Nationwide Permit 14 to create high ground for road access; 6. Deed restrictions must be placed on all remaining wetlands on the parcel after appropriate use of this and other Certifications. DWQ shall be sent copies of all decd restrictions applied to this parcel. If this condition is not met, written DWQ approval is needed to utilize this General Certification (and Nationwide Permit); Wedands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director r:Q ®° NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 11 February 1997. DIVISION OF WATER QUALITY By A. Preston Howard, Jr. P.E. Director WQC # 3106 Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor (CID IE H. lu\\1?6 William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, . , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 5017o rccycled/1017o post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact John Hennessy at 919-733-5694, or Steve Mitchell at 919- 571-4700. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c:\ncdot\SR 1140\wqc\011049wgc.doc ?J go horpe, D. ting irector Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper L .SWFo E ISSUED STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR '? •? ® SECRETARY July 5, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Johnston County, Replacement of Bridge 973 on SR 1140, at Stone Creek, Neuse River Basin. Dear Mr. Alsmeyer: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge 473, on SR 1140 over Stone Creek in Johnston County. The existing 53 feet long and 19 feet-wide-timber bridge-is-in-very-poor-and-unsafe condition and will be replaced with -a 90 f e long cored slab bridge approximately 28 feet widThe purpose of this letter is to provide notification t t?e U.S. Army Corps of Engineers (COE) under Nationwide Permit 918, Minor Discharges. No temporary dewatering will be required, so no notification is required for authoriLtion under NWP 933, Temporary Dewatering. This letter shall also provide- notification to the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) according to concurrence requirements for Water Quality Certification 43106. Less than 40 linear feet of riparian buffer will be permanently impacted by the proposed bridge replacement, and as a bridge replacement, the subject project is exempt from notification under the Neuse River Basin Buffer Rules. Impacts to Waters of the United States The proposed bridge replacement project will require minimal impacts to waters of the United States in the Neuse River Basin. The minimum necessary amount of riprap will be placed adjacent to the streambank in order to stabilize exposed slopes. Post Office Box 3165, Wilson, North Carolina 27895-3165 ?? Waters of the U.S. Mitigation Avoidance: All wetlands or surface Waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in or near wetlands or surface waters. Minimization: Sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to waters of the U. S. at these sites. Compensatory Mitigation: Construction of the project will result in less than 0.1 acres of impacts to waters of the U. S. Impacts have been minimized to the maximum extent possible during this stabilization project. Riparian Buffer Impacts The proposed pipe replacement the project involves a bridge replacement on Stone Creek, a stream that is subject to the Neuse Riparian Buffer Rule. Permanent construction impacts are less than 40 linear feet of riparian buffer. Based on the impacts to the riparian buffer at this site, the crossing is exempt from the Rule. Dewatering The NCDOT will not temporarily dewater the work zone in the immediate vicinity of the proposed project. Sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Regulatory Review By copy of this letter, the NCDOT requests review by the State Historic Preservation Office that there is no effect to any National Register or Study-listed properties within the subject projects Area of Potential Effects. By copy of this letter, NCDOT requests concurrence from the North Carolina Wildlife Resource Commission and the U.S. Fish and Wildlife Service (USFWS) representative that the subject project will have no effect on any listed threatened or endangered plant or animal species. On 7/3/01, the NCDOT Environmental Officer reviewed the site for the presence of any listed threatened and endangered species or any suitable habitat for the same, and found that no suitable habitat was present for any listed freshwater mussels. Permit Issues The purpose of this letter is to provide notification under Section 404 Nationwide Permit (NWP) 18, Minor Discharges, for the replacement of an existing timber bridge with a cored slab bridge. The proposed project will result in less then 0.1 acres of impacts and the discharge of less than 25 cubic yards of fill or excavation to waters of the U.S. during construction. Notification is also hereby provided as required under the Water Quality Certification 4 3106 (which corresponds to NWP 18) which requires written concurrence from the NCDWQ. NCDOT will comply with all conditions associated with the applicable NWP and WQC. Summary NCDOT proposes to replace Bridge 473, an existing 53 feet long and 19 feet wide timber bridge in very poor and unsafe condition with a 90 feet long cored slab bridge approximately 28 feet wide, on SR 1140 over Stone Creek in Johnston County. The project is located in the Neuse River Basin, but is exempt from notification under the Neuse River Basin Buffer Rule. NCDOT requests authorization under NWP 918 and WQC # 3106 for the proposed bridge replacement and will not require authorization under NWP#33 for temporary dewatering. The NCDOT will adhere to all applicable Nationwide Permit and Water Quality Certification conditions. If you have any questions or need additional information, please contact Ms. Robin M. Little at (252) 237-6164. Trogdon, III, P.E. Engineer Cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Ms. Renee Gledhill-Earley, SHPO-Raleigh Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer Mr. Tim Little, P.E., District Engineer Mr. J.C. Rhodes, Assistant District Engineer Mr. Don Goins, NCDOT Operations Branch Office Use Only: Form Version April 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 Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18 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: E] H. Applicant Information 1. Owner/Applicant Information Name: Mr. James H. Trogxdon, 111, P.E., Division Engineer Mailing Address: North Carolina Department of Transportation /Division 4 P.O. Box 3165 Wi 1 son, NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174 E-mail Address: jtrogdon c,dot.state. nc.us 2. 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: Ms. Robin M. Little Company Affiliation: Division Environmental Officer Mailing Address: North Carolina Department of Transportation/Division 4 P.O. Box 3165 W i 1 son NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174 E-mail Address: rmIittle a,dot.state.nc.us Page 3 of 12 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 detailedsite 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-incli 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: Bridge 473, SR 1140 2. T.I.P. Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): NA 4. Location County: Johnston Nearest Town: Blackmans Crossroads Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): I-95 South-to-NC 701, approx. 8 miles east to right (south) onto SR 1144, 3.4 miles to left onto SR 1140, Bride #73 approx. 0.75 miles. Site coordinates, if available (UTM or Lat/Long): UTM 17 734446E 3913947N - PEACOCKS CROSSROADS quad (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 distinctwaterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Commercial, residential. 7. Property size (acres): N 8. Nearest body of water (stream/river/sound/ocean/lake): Stone Creek DWQ ID # 27-52-5 C NSW 9. River Basin: Neuse River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available atiittn://h2o.eur,state._nc_us/admin/maps'.) Page 4 of 12 10. Describe the purpose of the proposed work: Bride replacement of existing timber bridge in poor condition with concrete cored slab bridge in same location and minimal increase in length and width to comply with current safety design standards. 11. List the type of equipment to be used to construct the project: Heavy constriction equipment ( back hoe, track hoe excavator, dump trick) 12. Describe the land use in the vicinity of this project: Rural residential/agricultural mix. 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, aloe; with construction schedules. NA V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: NA 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 5 of 12 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplaiu** Nearest Stream Type of Wetlvmd*** (indicate on ma) (acres) (Yes/no) (linear feet) 1 Riprap/fill 0.01 yes 0 PEMS/PFO * 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 http *** List a wetland type that best describes Nvetland to be impacted (e.g., freshwater/salt% aler marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: NA Total area of wetland impact proposed: 0.01 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma) (linear feet) Before Impact (please secify) riprap 0 Stone Creek 30 Perennial List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associatedip-rap, daps (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straiglitcning-, 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.usas.rov. Several internet sites also allow direct doN reload and printing of USGS maps (e.g., w%vN to 1gtle_cotn w??w.m: tulucst.coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site_0 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 of Watcrbody (if applicable) Type of Watcrbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding-, drainage, bulkheads, etc. 4. Pond Creation Page 6 of 12 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts are minimized by replacement of existing bridge with a bridge. All wetlands or surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment will be allowed in or near wetlands or waters of the U.S. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. 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 Page 7 of 12 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 ht1p:Hl12o.enr. state. ncus/ncwetlands/strinejde. htm l 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. 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 hIIyl/10o.ei1r.statc.tic. us'wri7iindex.Iitm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres); Amount of Coastal wetland mitigation requested (acres): M Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 Page 8 of 12 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (D`VQ 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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 320 3 0 2 0 1.5 0 Total 320 0 * Zone 1 extends out 30 Feet perpendicular from near bank of channel; "Lone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (D`VQ 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. Temnorarv dewaterin-, and all annronriate best management practices for sediment and erosion control will be implemented during streambank stabilization and scour protection Page 9 of 12 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. NA XIII. Violations (DWQ Only) Is this site ill viol ationof 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). Ili lb Applicant/ gents Signature Daie (Agent's s gnatur?- is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Anny Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Roivan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabamis Grlliani Madison Stanley Telephone: (828) 271-4854 CaldNN-ell Hayi?,ood McDoNi,ell STvaln Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Page 10 of 12 ?d I LID AYER 0 '3 • • l 31 Mnlomdl. ` el If ? R 1 1 ?41 I IPO 1 1 ` LME \ ?. 32 ' - /. m 1117 .. 1117: r •,\ ? 55-•-- ' 35 ? r , _..? - . 11? ?/ .0 , i s 11 I / , 91 . ?: > I IOt /i a I ^ / ? `•` , I o?I , R '' ? - ` 0 701 r `i / rou, o"u i N /Y . 1,79 .31 1cs /' 1 6 b rw.t,.u BENTONV ` '? • 1 ' \ .macn, IILE ? ? 1 ? ? na ;1 •' I^,i3 Lo 1 8 :1,•' tn-rr'. Iia7 - ? BATTLEFIELD ?` •r."? ?:a'd °. - ANDS 1,° s .. ., .. 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