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HomeMy WebLinkAbout20011098 Ver 1_Complete File_20010716 o q v t N O N n cn z F-I N W to l0 'A O J N O N n \ t? N l7 O y O ? N O N a O C O O y O x z a -co N p O O O i O D D Z Z O J Ol O J D m O \ N r \ N O O N Z n a m D T mo Z0 ym O0 -n -4 y m c Zz N? 0 O D -1 O z 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 NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Deborah Sawyer at 252- 946-6481. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office DWQ Washington Regional Office File Copy Central Files c:\ncdot\SR 1534\wqc\011098wgc.doc ZI J.... ho , Ph. 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/l0% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality 1 ? • Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF Gregory. J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES August 1, 2001 Martin County DWQ Project No. 011098 APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Tar- Panilico River Buffer Rules Mr. Don R. Conner, P.E., Division Engineer NCDOT, Division 1 PO Box 850 Edenton, NC 27932 Dear Mr. Conner: You have our approval, as described in your application dated July 16, 2001 and in accordance with the attached conditions and those listed below, to place fill material in 0:009 acres of wetlands and 54 linear:..:, feet of streams to replace Bridge Number 188 on SR 1534 in Martin County. The project shall be c constructed in accordance with your application dated July 16, 200L After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the General Permit 198200031 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 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. 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 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 William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director 1 • 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 NEUSE1TAR- PAMLICO/RANDLEMAN BUFFER RULES This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (i.e., Nationwide Pemiit 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 activitywill 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 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/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 Gregory J. Thorpe, Ph.D., Acting Director LT / ?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessaryto maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere; 5. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written concurrence from DWQ in accordance with 15A NCAC 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; 8. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the 'North Carolina Sediment and Erosion Control Planning and Design Manual' or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 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%a 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 11kT?WA 1 • A2i AdINIIIIIIII 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 projectand 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 1621 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 e?? Michael F. Easley, Governor NCDENR 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 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 b6built 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 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 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 r .mow, FILEa?STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR P.O. Box 25201, Raleigh, N.C. 27611-5201 SECRETARY July 16, 2001 United States Army Corps of Engineers 011098 Post Office Box 1000 Washington, NC 27889-1000 401 ISSUED Attention: Mike Bell, PWS Subject: Request for Authorization of Bridge Replacement #188 SR 1534 (Vance Peele Road) in Martin County under a GP-31 The North Carolina Department of Transportation (NCDOT) proposes to replace the old wooden bridge #188 structure with a longer (+31 feet) and wider (+8 feet) concrete structure on SR 1534 (Vance Peele Road) at the Smithwick Creek crossing in Martin County. Impacts to Waters of the United States Construction of the project will necessitate impacts to waters of the United States in the Tar Pamlico Watershed Basin. The project crosses one perennial tributary to Smithwick Creek. The jurisdictional site is located on the site plans. Impacts to the stream from construction include approximately 392 square feet (0.009 acres) of riprap in surface water and a total of 54 linear feet of existing channel impacted. LOCATION Rip Rap Rip Rap Acreage of impact Length of Impact Number Width (in.) Length (ft.) Acres Square feet 1 5 feet 27 feet 0.003 131 4 5 feet 27 feet 0.003 131 Total 10 feet 54 feet 0.006 262 !?.?GEI1'E[? Page 2 July 16, 2001 Mr. Bell Wetlands exist to the toe of the slope on all sides of the bridge due to beaver activity. Wetlands will be impacted by the widening of the bridge 8 feet to create shoulders. Impacts to wetlands associated with roadside shoulder and ditch construction are anticipated to be less than 0.01 acres. LOCATION WETLAND IMPACT IMPACT IMPACT Wetland # TYPE Linear Feet Width ACRES 1 PF06 25 feet 8 feet 0.002 2 PF06 25 feet 8 feet 0.002 3 PF06 25 feet 8 feet 0.002 4 PF06 25 feet 8 feet 0.002 Total 50 feet 8 feet 0.009 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. Wetlands impacts were unavoidable due to proximity of wetlands on all sides of the project, wetlands are at the toe of the slope at existing bridge. 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 the crossing of Smithwick Creek and crossing of wetlands within the Tar Pamlico Watershed. As according to Tar Pamlico Buffer Rules Bridge are allowable with notification to the Department of Water Quality. Water will not run from weep holes within the bridge but will run down sides and over riprap as part of best management practices. Page 3 July 16, 2001 Mr. Bell Dewatering The NCDOT will not dewater during the construction of the project. Permit Issues The purpose of this letter is to request authorization under General Permit 31, culvert construction, maintenance, and repair, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Notification for the use of this GP to the USACE is required for this project. Also, notification to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3289 is required and certification for impacts associated with the Tar Pamlico Basin. NCDOT will comply with all conditions associated with this GP and WQC. Summary NCDOT proposes to replace Bridge #188 in Martin County on SR 1534 with a wider (+8 feet), longer (+32 feet) concrete bridge structure. Impacts to the Smithwick Creek will total 54 linear feet of stream channel. Fill to create a wider shoulder and rip rap will impact 0.009 acres of bottomland hardwood wetlands (PF06) dominated by blackgum (Nyssa biflora), sweetgum (Liquidambar styrciflua), and buttonbush (Cephalanthus occidentalis). The project is located in the Tar Pamlico River Basin. The NCDOT will adhere to all applicable Section 404 GPs and Section 401 WQCs conditions. If you have any questions or need additional information, please contact Ms. Kristen Shacochis at (252) 482-7977. Sincerely, Don Conner, PE Division Engineer Kristen Shacochis Division One Environmental Officer cc: Mr. Tom McCartney, USFWS Mr. John Hennessy, NCDWQ Mr. David Cox, NCWRC Ms. Sarah Winslow, NMF Mr. Ted Sampson, DCM Mr. Keith Harrison, NCDOT O 'f nW{ W 00 A 00 to Wrvbn ccaaxo C7 awq-10 ? ro o 3zy? n'? w No Uo ?• ? ? ? O ?A ? Oyy N C? °O 00 Z O x OTI OO..j > W ? N xC/1i..1 o Y ? ? w y O z 101 r ? r f V 1 i a I 4 }\ 7 4 - ;i7j7y fY ,- ro 4k , I a` o N I 0 l Q' J h I / .?.a rZ ro I k o U N t0 QQom,,, t _ ` I I ? L Q i. cvC Z N? ? r z?> R R I I. 7?ow Z c I k q ? ? ,jam ?rs ?.. `? ooaa?> ? cx. a u ? I i i . ?c a I =? y o I IZ \A I 1 r Qo?? V I o ?? of 1 ON i I C E~ I z a3 ? I o z?7 ? 3 nom. ? V E"' w • ?` f , x f Oj Fowl L _ p ? 00 `V '1 C L _ r (? I a /? ? C I z Z > '0 c -1 F- Q 0-0 A rA Q6 p k? I d m o I W ?OFE=Qj o o A oaQQ?_ sx o? W 0 ? d, UaG.?C'x v 00 sL cY o? ?. ? 1? Q .: bV 3v N I '1 I rwt _ o T N :r 0 O V - O I 7 O A ct I %L Q i W I i I1 (? ? I Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 01 10 9 8 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: ® Section 404 Permit Section 10 Permit ® 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: GP-31 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: El II. Applicant Information 1. Owner/Applicant Information Name: Kristen Shacochis, NC DOT Environmental Officer Mailing Address: P.O. Box 850 Edenton NC 27932 Telephone Number: (252) 482-7977 Fax Number: (252) 482-8722 E-mail Address: KshacochisQa 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 3 of 14 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: Martin #188 Bridge on SR 1534 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Martin Nearest Town: Smithwick Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): on 1534 at Smithwick Creek Crossing 5. Site coordinates, if available (UTM or Lat/Long): N 35 41.674 W 77 3.732 (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: Unpaved secondary road with wooden bridge structure 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Smithwick Creek 9. River Basin: Tar Pamilco (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mat)s/.) Page 4 of 14 10. Describe the purpose of the proposed work: To replace old wooden bridge with longer (+32 feet) and wider (+5 feet) bridge structure 11. List the type of equipment to be used to construct the project. crane, excavator, bulldozer, dumptrucks 12. Describe the land use in the vicinity of this project: rural 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 preciously 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. none 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: Secondary road project construction on this road. Excluded from this permit Since bridge construction and secondary road maintenance are two separate departments. The road will not be built prior to bridge. 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 Page 5 of 14 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. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Rip rap/fill 0.002 Yes 0 feet Forested wetland 2 Rip rap/fill 0.002 Yes 0 feet Forested wetland 3 Rip rap/fill 0.002 Yes 0 feet Forested wetland 4 Rip rap/fill 0.002 Yes 0 feet 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 http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: 0.009 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Rip rap 27 feet Smithwick Creek 18 feet Perennial 4 Rip rap 27 feet Smithwick Creek 18 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, 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 downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mal)quest.com, etc.). Page 6 of 14 Cumulative impacts (linear distance in feet) to all streams on site: 54 feet 3. 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (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 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 F-1 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. Two plans were proposed for this project: replacesthe bridge with a bridge or replacing _a bridge with four pipes. The bridge will require less impact to the stream and adjacent wetlands. The present bridge is too narrow for two vehicles to pass safely (19 feet wide bridge = 8 foot lane). The proposed bridge will be wider (+8 feet) and longer (+31 feet) which will provide better stream flow. No excavation will occur in the channel. Page 7 of 14 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.htrnl. 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. No mitigation plan required. Page 8 of 14 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 httv:,//h2o.enr.srate.nc.us/vvm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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): IX. 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 F-1 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 F-1 No r 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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Tar Pamlico )? Yes ® No F-1 If you answered "yes", provide the following information: Page 9 of 14 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site : Bridge #188 on Smithwick Creek Date : 7/16/01 Applicant/Owner : NC DOT County: Martin Investigator : Kristen Shacochis State : NC Normal Circumstances? No Community ID PF06 Significantly Disturbed (atypical)? Yes Transect ID : 1 Potential Problem Area? Yes Plot ID : 1 to 4 Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind. Nyssa biflora T OBL Cephalanthus occidentalis ss OBL Saururus cernuus h OBL Liquidambar styraciflua ss FAC+ Echinochloa walteri h OBL Polygonum pensylvanicum h FACW Remarks: Percent Dominance 100.0% FAC Neutral Test 100.0 Rio HYDROLOGY Recorded Data (described below): Stream, Lake or Tide Gaug Aerial Photographs: Other: Depth of Surface Water 4 in Depth of Saturated Soil in Depth to FreeWater in Pit in Wetland Hydrology Indicators: Primary: Inundated Secondary: Beaver activity in area is flooding uplands. Wetland boundary can be determined by soil chroma. Beavers have been in area for greater than 3 years (source USDA) LS Soil Series: Bibb loam Drainage Class: frequently flooded Soil Taxonomy Fluvaquents Do Field Observations Confirm Mapped Type? Yes Profile Description: Matrix Mottle Mottle Texture, Concertions Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0to2 O 2-5 A 5-12 B 10 YR 3/1 Clay Loam Reducing Conditions WETLAND DETERMINA Is Hydrophytic Vegetation Criteria met? Yes Remarks: Is Hydrology Criteria met? Yes Is Hydric Soils Criteria met Yes Is Sampling Point Within a Wetland? Yes