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HomeMy WebLinkAbout20010784 Ver 1_Complete File_20010524 O t N O N A N m rP z W ? W OC N ? O O O N ?j N d O y O ? N C O n N ? O ? O O y O 1 yam., i `I , z r? y N O O ( O y O C) D Z _i z O w 0) O U1 D m O Ln \ N N N O O N Z n v m -o T 3z m0 z O -4 X O m i ym c ZA ? z ? p State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director 1 ? • _NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 19, 2001 Nash County DWQ Project No. 010784 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Tar- Pamlico River Buffer Rules Mr. James Trogdon, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27893 Dear Mr. Trogdon: You have our approval, as described in your application dated May 10, 2001, and in accordance with the . attached conditions and those listed below, to place fill material in 0.01 acres of wetlands and 120 linear feet of streams. In addition, you are authorized to impacts 240 linear feet of streams (70 linear feet at four sites) for purposes of dewatering the construction site. The purpose of the project is the widening andl paving of SR 1128 (Buck Deans Road) from the end of pavement near SR 1127 to NC 231 in Nash County. The project should be constructed in accordance with your application dated May 10, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). 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 211.0506 (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 1650 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 R State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director fflumhoWAA IT 0 0 A&4;1 2 10 W"00--ftmoom boom NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 3. All authorized temporary impacts to the Tar-Pamlico Riparian buffers located outside the 120 linear feet of culverted stream shall be restored to natural grade and revegetated with native tree species upon completion of the project construction. 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c_\ncdot\SR 1128\wqc\010784wgc.doc Sincerely, e tevens Wetlands/401 Unit 1650 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 Kerr T. Stevens, Director A74 ? NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ROAD CROSSING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS), REGIONAL GENERAL PERMIT 198200031 AND NEUSE/TAR- _ PAMLICO/RANDLEMAN BUFFER RULES This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 211, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC 2B .0233,.0259 and.0250). The category of activities shall include any fill activity for road crossing and is limited to fill less than one-third of an acre. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992 and Water Quality Certification Number 3103 issued on February 11, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General Permit 198200031 when deemed appropriate by the Director of the DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for impacts to streams and/or wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols; 4. For any project involving a stream re-alignment, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel, to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain Wetlands/401 Unit 1650 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 Q?? AWWA% NCDENR ., NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director`, ENVIRONMENT AND NATURAL RESOURCES the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere; 5. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A NCAC 2B .0259 and .0250 and 15A NCAC 2H.0500. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and .0250. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 6. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The, applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands; 7. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that allowed under other General Certifications. Deed restrictions must be placed on the remaining wetlands and streams on these lots to restrict future wetland and stream fill. DWQ shall be sent copies of all deed restrictions applied to these lots; That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with, the appropriate turbidity water quality standard; 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; Wetlands/401 Unit 1650 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 Kerr T. Stevens, Director 1 • • ?IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 11. This Certification shall be utilized for roads from natural high ground to natural high ground. The Certification for Nationwide Permit 18 may not be used in conjunction with this Certification to create high ground for road access; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this Certification; 13. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 14. When written concurrence is required, the applicant is required to use the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed; 15. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 14 and Regional General Permit 198200031 whichever is sooner. Non-compliance with.or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland, stream or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 1 June 2000 DIVISION OF WATER QUALITY By Kerr T. Stevens Director WQC # 3289 Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/l0% 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, Kerr T. Stevens, Director DWQ Project No.: 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 hereby state that, to, the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 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 Registration No. Date !111111? AANI fill I lei INNEI IN 19111011101101 NCDENRI. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES County: Wetlands/401 Unit 1650 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 +s'TA7Eo STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovERNOR SECRETARY May 10, 2001 01 0 7 8 4 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 401 ISS// 00cc Attention: Mr. Eric Alsmeyer v`? NCDOT Coordinator Subject: Secondary road improvements to SR 1128 (Buck Deans Road) from end of pavement near SR 1127 to NC 231 in Nash County. The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1128 (Buck Deans Road) from end of pavement near SR 1127 to NC 231 in Nash County. SR 1128 is an unpaved roadway that will be upgraded to a paved roadway. Total project length is 1.82 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. Buck Deans Road is scheduled to be paved in the 2000-2001 Secondary Roads Construction Program. :::0 T -r-i C7 -< r? r-v-t M Post Office Box 3165, Wilson, North Carolina 27895-3165 Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States in the Neuse River Basin. The project crosses one perennial tributary to Turkey Creek, two unnamed intermittent tributaries to Turkey Creek, and an existing pond in an intermittent tributary to Turkey Creek. The jurisdictional sites are listed by location in the following table. Impacts to the stream from construction include approximately 240 square feet (0.0055 acres) fill in surface water and a total of 240 linear feet of existing channel impacted (60 feet at each crossing). LOCATION EXISTING EXISTING PROPOSED PROPOSED Station Width (in. Length (ft.) Width in. Length ft.) 3+00-3+50 24 30 36 60 12+00- 12+50 24 35 36 60 30+50 24 40 36 60 92+75 2(48) 35 & 40 2(48) 60 & 60 Impacts to wetlands associated with roadside shoulder and ditch construction are anticipated to be less than 0.01 acres. 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: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict Enforcement of 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 0.01 acres of total impacts to waters of the U. S., therefore no mitigation is required. Impacts have been minimized to the maximum extent possible during the design process. Riparian Buffer Impacts The construction of the project involves three road crossings of streams and one pond, which are subject to the Neuse Riparian Buffer Rule. Construction impacts at each jurisdictional crossing are less than 40 linear feet of riparian buffer. Based on the impacts to the riparian buffer at each crossing, the crossings are exempt from the Rule. Efforts will be made to minimize the impacts of additional storm water by the installation of extra check dams, level spreaders and vegetated swales wherever possible. Dewatering The NCDOT proposes to temporarily dewater the stream during the construction of the project. This will involve the temporary placement of sandbags, sheet metal cofferdams, or Class B or Class 2 rip rap covered with filter fabric in the stream channel approximately 10 feet upstream of the proposed pipe inlet. To maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The stream will be dewatered for less than five consecutive working days. This will result in temporary impacts to these surface waters. Temporary impacts to the stream from this activity will result in the dewatering of a total of 0.006 ac of streambed and approximately 70 linear feet stream channel for each proposed pipe replacement. The sandbags or riprap covered with filter fabric will be entirely removed after construction. Regulatory Review By copy of this letter, NCDOT requests that the subject project be reviewed and concurrence obtained from 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 by the U.S. Fish and Wildlife Service (USFWS) and the N.C. Wildlife Resource Commission representatives that the subject project is not likely to adversely affect any endangered or threatened mussel populations. On January 11, 2001, informal consultation by the Division Environmental Officer, Robin Little, with the USFWS NCDOT Coordinator, Tom McCartney, revealed potentially suitable habitat for dwarf wedge or tar spiny mussels in the stream located at Station 92+75 of the subject project. On March 26, 2001, NCDOT PDEA Staff Biologist, Tim Savidge, and the Division Environmental Officer, Robin Little, conducted a survey for any endangered mussel species. Approximately 8 living Elliptio spp. specimens were found, in the stream channel approximately 30 feet upstream of the existing culverts. Approximately 0.5 man-hours were spent searching for mussels, both upstream (100 feet) and downstream (100 feet) of the existing culverts. The stream channel substrate was mixed sand, cobble and silt sediments, with depths of 18 inches in the deepest pools. The stream channel downstream of the existing culverts appeared to have been straightened and channelized, and was adjacent to a cow pasture with no fencing along the stream bank. Significant sediment and erosion were observed in the vicinity of the existing pipe in the right of way and associated with the livestock access from the pasture. Appropriate best management practices will be employed to reduce sedimentation in the subject stream channel. Permit Issues The purpose of this letter is to request authorization under Section 404 Nationwide Permit (NWT) 14, Linear Transportation Crossings. Notification for the use of this NWP to the USACE is required for this project, for although the discharge associated with the project is less than 0.10 acre, the project does require impacts to special aquatic sites (stream with riffle - pool sequence). Also, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is required for this project. NCDOT will comply with all conditions associated with this NWP and WQC. Additionally, the purpose of this letter is to request authorization under a Section 404 NWP 33 to dewater the stream during project construction. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require written concurrence from the NCDWQ as NCDOT intends to comply with conditions for the WQC. Summary NCDOT proposes to upgrade and pave SR 1128 in Nash County. Temporary impacts to the stream from dewatering activity will involve 0.006 ac. of streambed and 70 linear feet of stream channel for each of four stream crossings. Impacts associated with the pipe replacements at this project include 0.0055 acres of fill in surface water and 240 linear feet existing channel impacted. The project is located in the Neuse River Basin. Impacts to the riparian buffer surrounding an adjacent pond are estimated to be 0.40 acres, while the impacts at each stream crossing are less than 40 linear feet in the buffer and are therefore exempt from the Riparian Buffer Rule. The NCDOT asks that the dewatering of the stream be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs and-Section 401 WQCs conditions. If you have any questions or need additional information, please contact Ms. Robin M. Little at (252) 237- 6164. Sincerely, James H. r gdon, III, P.E. Division 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-Early, SHPO, Raleigh Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer Mr. Don Goins, P.E., Chief Engineer, Operations Use Only: Action ID No. DWQ No. 010784 Fonn Version April 2001 I any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than 1 aving the space blank. 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 14.33 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 (see section VIII - Mitigation), check here: ? Applicant Information Owner/Applicant Information Name: Mr. James H. Trogdon IIL, P.E., Division Engineer Mailing Address: North Carolina Department of Transportation /Division 4 P.O. Box 3165 Wilson NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174 E-mail Address: jtro don o,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: Mailing Address: North Carolina Department of Transportation/Division 4 P.O. Box 3165 Wilson NC 27895-3165 Telephone Number: (252) 237-6164 Fax Number: 252) 234-6174 E-mail Address: rmlittle@dot state nc us Page 3 of 12 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-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: SR 1128, Buck Deans Road 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): NA 4. Location . County: NASH Nearest Town: Middlesex Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): US 264 west to NC 231, north to left onto SR 1128. 5. Site coordinates, if available (UTM orLat/Long): UTM 17 754197E 3967673N (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: Rural, agricultural/residential 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Turke Creek DWQ ID # 27-33-2 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 athtIpL. h2o.enr.state.tic.us/admin/mats/.) 10. Describe the purpose of the proposed work: Grading drainage base paving; and erosion control to bring existing gravel road in compliance with standard safety design specifications, replace culverts. Page 4 of 12 11. List the type of equipment to be used to construct the project: Heavy construction equipment back hoe, track hoe excavator, dump truck) 12. Describe the land use in the vicinity of this project: Rural resi dentiaYagri cultural mix. 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. 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 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 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*** List each impact separately and identify temporary nnpacts. Impacts include, but are not limned to: mecnanrzedrearmg, grading, till, 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 InsuranceRate 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://w-NNw.fe3na.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.) List the total acreage (estimated) of existing wetlands on the property: NA Total area of wetland impact proposed: 0 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 map) (linear feet) Before Impact (please specify) 91+75 2 x 60" CMPA 60 UT to Turkey Creek 5 Perennial 12+50 1 x 36" RCP 60 UT to Turkey Creek 2 Intermittent 3+25 1 x 36" RCP 60 UT to Tttrkey Creek 3 Intermittent List each impact separately and identify temporary impacts. impacts include, but are not limited to: culverts and associates y-ray, dams (separately list impacts due to both stricture 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/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 downstrearn named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at w-ww.uK,s.Rov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.conr www.lnal)(jttest.con7, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 180 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) ody Name of (if applicable cable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identify temporary impacts. impacts moue, nut are not umued to: inn, e??avauvii, u.?ub..>a> 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: 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. All wetlands or surface waters not affected by the pro-ect will be protected from unnecessary encroachment. No stating of construction equipment will be allowed in or near wetlands or waters of the U.S. Sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. 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 Page 7 of 12 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 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 httti_"Zh2O_ air:stlte_nC.U.S.?,dr liDdex_htrn. 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): 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 ? 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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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 0 3 0 2 0 1.5 0 Total 0 0 Gone 1 extends out 30 leet perpendicular trom near bank of channel; Gone 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. 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. Page 9 of 12 this this U Ann 1 1 Patt Ekisting_gravel road. surface area will not be widened within riparian buffer. Temporal dewatering and all appropriate best management practices for sediment and erosion control wil be implemented during pipe replacement. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) c wastewater generated from the proposed project, or available capacity of the subject facility. NA Violations (DWQ Only) Site in violationof DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No an after-the-fact permit application? Yes ? No Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desir construction dates to allow processing time for these permits. However, an applicant ma: choose to list constraints associated with construction or sequencing that may impose limits o; work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered an( Threatened Species, accessibility problems, or other issues outside of the applicant's control). b D / ant/Agent's Sign re ate 's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage e Regulatory Field Office Alexander Cherokee Iredell Mitchell Union y Corps of Engineers Avery Clay Jackson Polk Watauga )n Avenue Buncombe Cleveland Lincoln Rowan Yancey )8 Burke Gaston Macon Rutherford Page 10 of 12 A Ho y crow : SSPR4V. HOP' ! ?A 17 / t 5 1 ] n 191 wmm :j y o ze as 90 j 0 11' 1 1717 191 35-SW 336 go I :v-• 1178 / ?• 'Y . 1149 1147 1 17 tl ' 171 ,919 1 R' \ 171 _ GaN vaYy rn r••I . .1171 " ] 4 f Ir ? J 11 I ?• .?qq, •l G 133 1/ \ ]1 C.... p ! 4 I1 ilov, K ,- / Itrnwh ( ` ,?? 1F rr. 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