HomeMy WebLinkAbout20011119 Ver 1_Complete File_20010720State 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
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NCDEI
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WQ Project No.: 0 (- It 15 - County: Pe-(s ,) n
St,,, Applicant: Alr 3) nT - C ri5 M fro. T?_Tu.. AfGA.( e
Project Name: S 2 17 ZY - (v- V1> i S$ jo h,-.L i n 9
Date of Issuance of 401 Water Quality Certification: 9, t Z ` 0)
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, 1o n1 6- Nantt- , 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 s t icat ndd other supporting materials.
Signature: ?? Date: D?
Agent's Certifica on
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.
Wetlandst401 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
V r
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?W'j
'if 00
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
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 in the
Raleigh Regional Office at 919 571-4700.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Si erely,
o J. Thorpe, h.D.
ting irector
01-1119
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
Gregory J. Thorpe, Ph.D., Acting Director
•
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Adftm Ilk
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 12, 2001
Person County
DWQ Project No. 01-1119
SR 1724, Jack Sherman Road
APPROVAL OF 401 Water Quality Certification and Tar-Pamlico Buffer Rule
Mr. J.G. Nance
Division Engineer
North Carolina Department of Transportation
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval in accordance with the attached conditions, to place fill material in 0.05 acres of
wetland, to impact 42 linear feet of the unnamed tributary to Cub Creek at Site 1, and to impact 3,879
square feet of riparian buffer for the purpose of paving the existing roadway SR 1724, from US 158 to Dead
End in Person County. The project should be constructed in accordance with your application dated 17 July
2001 (received 20 July 2001). After reviewing your application, we have decided that these activities are
covered by General Water Quality Certification Numbers 3289. This certification correspond to the
Nationwide Permit Number 14 and by the Corps of Engineers. 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 in writing 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 if 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. Construction impacts that occur outside of the proposed road crossing foot print must be restored.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
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
Gregory J. Thorpe, Ph.D., Acting Director
k1FJhX;W'J •
NCDENR
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 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 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 fora 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 211 .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 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
Gregory J. Thorpe, Ph.D., Acting Director
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to 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;
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 211.0500. 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 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
Gregory J. Thorpe, Ph.D., Acting Director 17F 1;W,J
William G. Ross, Jr., Secretary
A 0 •
IT 2
00=% 00000%
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
Gregory J. Thorpe, PhD
Acting 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/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
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
County:
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: 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:
Date:
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 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
401 ISSUEb
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 17, 2001
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
cilli9
Subject: Secondary road improvements to SR 1724 (Jack Sherman Road) from US
158 to Dead End in Person County. NCDOT Work Order No. 6.382088T.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1724 (Jack Sherman Road) from US 158 to Dead End in Person County
(Figures 1 and 2). Total project length is 0.75 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. SR 1724 is scheduled to be paved in the
2001-2002 Secondary Roads Construction Program.
Impacts to Waters of the United States
Construction of the project will necessitate impacts to waters of the United States
at two sites in the Tar-Pamlico River Basin. Wetland delineations were conducted using
the field delineation method outlined in the 1987 Corps of Engineers Wetland
Delineation Manual (Environmental Laboratory, 1987). U. S. Army Corps of Engineers
(USACE) Wetland Data Forms and a North Carolina Division of Water Quality (DWQ)
Wetland Rating Form are attached to this application.
_ .U
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371 Q
2
Site 1-Station 25+71-Rt- to Station 26+47-Rt- and Station 26+27-Lt- to Station 26+55-Lt
The project crosses an unnamed intermittent tributary to Cub Creek (DWQ Index
No. 28-3, Best Usage Classification WS-IV NSW) (Figure 3). The existing structure that
conveys the creek is a 24-inch reinforced concrete pipe that is 26 feet long. The
replacement structure is a 36 inch concrete pipe that is 48 feet long. Permanent impacts
at the site associated with the replacement of the structure and minimal amounts of rip
rap to protect the structure include <0.01 acre fill in surface water and 42 linear feet
existing channel impacted. Impacts at this site also occur to an emergent wetland
(PEM2B). Permanent impacts at this site include 0.04 acre fill in wetlands. The wetland
has a DWQ wetland rating of 20.
Site 2-Station 16+62-Lt- to Station 17+20-Lt-
The project impacts a palustrine forested wetland (PFO1 B) (Figure 4). Permanent
impacts at this site include <0.01 acre fill in wetlands. The wetland has a DWQ wetland
rating of 16.
Riparian Buffer Impacts
The construction of the project involves a road crossing of a stream that is subject
to the Tar-Pamlico River Riparian Buffer Rule. The unnamed intermittent tributary to
Cub Creek at Site 1 is depicted on the most recent version of the Moriah, North Carolina
topographic quadrangle (USGS, 1981, Photorevised 1987) (Figure 1) and the Soil Survey
of Person County, North Carolina (USDA-NRCS, 1995) (Figure 2)
The construction of the project at Site 1 results in impacts to the riparian buffer
(Figure 3). Construction impacts at Site 1 total 2,361 square feet in Zone 1, 1,518 square
feet in Zone 2 and 49 linear feet of riparian buffer. Based on the impacts to the riparian
buffer at this site, this crossing is allowable. The NCDOT certifies that the criteria
documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical
alternatives to the project) are met. The NCDOT requests an Authorization Certificate for
this activity at this project.
The NCDOT proposes to install temporary erosion and sediment control devices
at Site 1 in Zone 1 and Zone 2 of the riparian buffer. Specifically, the NCDOT will place
a temporary rock silt check (Type A) in Zone 1 and a temporary rock sediment dam
(Type B) in Zone 2. The temporary structures will be removed once vegetation has been
established and then seeded with a seed mixture of fescue and bahia grass. The riparian
buffer adjacent to Site 1 is comprised of grassed land. Based on impacts to the riparian
buffer at this site from this use, this activity is allowable with a variance from DWQ. A
copy of the sediment and erosion control plan at Site 1 is depicted in Figure 5. The
NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules
(which find that there are no practical alternatives to the project) are met. The NCDOT
requests an Authorization Certificate for this activity at this project.
411..
Waters of the U.S. Mitigation
Avoidance: All wetlands and 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 wetlands or near 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 these sites.
Compensatory Mitigation: tion: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and wetland impacts will not be provided for this
project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed Endangered and Proposed Threatened are protected under provisions of Section
7 and Section 9 of the ESA. As of February 27, 2001, there are no federally-protected
species listed for Person County.
Summary
NCDOT proposes to upgrade and pave SR 1724 in Person County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water, 42 linear feet existing channel
impacted and 0.04 acre fill in wetland. Permanent impacts at Site 2 include <0.01 acre fill
in wetland.
The construction of the project at Site 1 will impact 2,361 square feet in Zone 1,
1,518 square feet in Zone 2 and 49 linear feet of riparian buffer. The NCDOT proposes
to install temporary erosion and sediment control devices at Site 1 in Zone 1 and Zone 2
of the riparian buffer. Specifically, the NCDOT will place a temporary rock silt check
(Type A) in Zone 1 and a temporary rock sediment dam (Type B) in Zone 2. The
temporary structures will be removed and the area revegetated. The NCDOT certifies
that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there
are no practical alternatives to the project) are met. The NCDOT requests an
Authorization Certificate for these activities at this project.
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWP) 14 and DWQ Section 401 Water Quality Certification
(WQC) No. 3289 for construction of this project. The NCDOT will comply with all
applicable NWP and. WQC conditions. In compliance with Section 143-215.3D(e) of the
NCAA we have enclosed a check for $200.00 to act as payment for processing the
4
Section 401 permit application. A pre-construction notification is attached with this
request. If you have any questions or need additional information, please contact me at
(919) 560-6081.
Sincerely,
Christopher A. Murray, P.W.S.
Environmental Officer
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. David Cox, NCWRC, Creedmoor
Mr. Garland Pardue, USFWS, Raleigh
Mr. Rodney Cooper, P.E., NCDOT District Engineer, Durham
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2.1
Begin Project
SITE 1 r
End Project
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Project Study Area
`? SR 1724 Jack Sherman Road
Person County
r=/ l Moriah USGS Topo Map (1981, 1987)
„//// Figure 1 1:24,000
Construction
-4 4- ?- -=1 -=T
N
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1
bed AIM'"
? `? ? ? }St`n9 Fi
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Wetland
Rip Rap
Site 1-Construction Impact
SR 1724 Jack Sherman Road
Person County
Figure 3 111=100,
\ 1
\ 1
ti
Existtn9 Gr O'4
--------------------
Wetland
Limits
Site 2-Construction Impacts
SR 1724 Jack Sherman Road
Person County
Figure 4 I"=100'
-
-
-
-
-
\ etc 'u tit. /
e1,4Roadbed Llmtts ` A
s0"' Rte' /i 20
s
Temporary Erosion and Sedimentation Control Devices
Temporary Rock Silt Check (Type A)
Temporary Rock Sediment Dam (Type B)
Temporary Silt Basin (Type B) and
Temporary Rock Silt Check (Type B)
Temporary Silt Basin (Type B)
Site 1
Sediment and Erosion Control Plan
SR 1724 Jack Sherman Road
Person County
Figure 5 117=100'
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site: I Z 4 :?e?QL S?,e Date: ??7 O- o (
Applicant/Owner: iUc l nT- County: Poe
Investigator: State: N L-
Do Normal Circumstances exist on the site? No
l
' Community ID: ,
Is the site significantly disturbed (Atypical Situation)?
es
QP Transect ID: a ai
Is the area a potential Problem Area? Yes Plot ID:
IIIIJJJJ
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
V+ C 9.
1-4 pfc- t- 10.
4. (; n 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are.OBL, FACW or FAC
C u
(excluding FAC-).
Remarks:
Qceu?,le..ce <,? -t?ru???fic Sp-e-a;e s a i- Sr ?2
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_
_ Other _
vSaturated in Upper 12 Inches
No Recorded Data Available _ Water Marks
_ Drift Lines
Sediment Deposits
Field Observations: vOrainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper.12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: (in.) _
_ Other (Explain in Remarks)
Remarks:
We+? ? ?? ????y rs P?rs??? g4-
Lo e +tA19?
SOILS
Map Unit Name
(Series and Phase): Q a_ a? e?
J" \
F n _ f c?jal r Drainage Class: /4 Lj - P?
Taxonomy (Subgroup): i Field Observations
A j21 v Ac. A
Confirm Mapped Type? Yes o
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
Q` Z 1o
-t
4 1 S
¢ 5 4A J
e
Hydric Soil Indicators:
Histosol _ Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
!
_ Sulfidic Odor _
Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditions
? _ Listed on National Hydric Soils List
yed or Low-Chrome Colors _ Other (Explain in Remarks)
Remarks:
? jr1c. 541< 1S ?teSe/\,f c,-4 Si T2
WETLAND DETERMINATION
Hydrophytic Vegetation Present? as No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? es No Is this Sampling Point Within a Wetland? es No
Remarks:
is e k \G?? a 1? ?-trq
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site: 5V-- 17 Z'-1 Date:
Applicant/Owner: Al c ? t?T County: r
Investigator: State: A)
Do Normal Circumstances exist on the site? t
N
Is the site significantly disturbed (At
ical Sit
ti
)7 Community 1D: l
yp
ua
on
s Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum indicator Dominant Plant Species Stratum Indicator
1. Se_f.Cgo ) f 9.
2. H -- 10.
4. [4 - 12.
5. .Gu 4 C4r?I?. UPL 13.
6. Si er 5(2 .
r _ - 14.
7. 15.
8. 16.
Percent of Dominant Species that are.OBL, FACW or FAC i-1
(excluding FAC-).
Remarks:
Q ?? J enc e cl? iN ,n- /I K (Q?UI /lI tJ {??,y T? SQeC" PS c' Ir
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
-Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs Inundated
_ Other
? _
-Saturated in Upper 12 inches
ecorded Data Available _ Water Marks
Drift Lines
-
Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper.12 Inches
_ Water-Stained Leaves
Depth'to Free Water in Pit: (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks:
5
U Q
SOILS
Map Unit Name
(Series and Phase):t? G? ?=2_? f) F,,? (7-) dj rB Drainage Class: r1 J ?- 5 Q
-
Taxonomy (Subgroup): /q 1 T
Field Observations
- Confirm Mapped Type? Yes no 4 0L 1.9AI 2f,
Profile Description:
Depth Matrix Color
inches
Horizon (Munsell Moist) Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure, etc.
)
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon
- Sulfidic Odor _
_ High Organic Content in Surface Layer in Sandy Soils
_ Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions _
_ Listed on National Hydric Soils List
- Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
AIOli_ ?K?<<? rjo?` l S ?IYSQ n? Sl
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
Yes(Circle)
Yes o
Yes o
(Circle)
Is this Sampling Point Within a Wetland? Yes
1?1 vn-we??A.,?• a l? Qq?ar?.e-{er s
at' C -\Z-4-
(-e 5 Qk- q t- 5 7iQ-
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site: 5', 1"7 24 ar-oI S ke r r «,. s Date: fib L
Applicant?Owner: /Ur! n-r County: Y er5 ?„
Investigator: C u r? State: A) e
Do Normal Circumstances exist on the site? a No Community ID: Ac
Is the site significantly disturbed (Atypical Situation)? s (I w) Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
s.
2. Nye G C
!:1 LC
10.
3. at c-v
V 1 /,,,AQ 4
5.? 12.
13.
6. 14.
7. is.
8. 16.
Percent of Dominant Species that are.OBL, FACW or FAC
Q
(excluding FAC-).
J
Remarks:
?reo -Aei+Ce S?'e es q4- 5
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other _,e8aturated in Upper 12 Inches
_ No Recorded Data Available _ Water Marks
Drift Lines
_
Sediment Deposits
Field Observations: ?Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: Z- (in.) _ Oxidized Root Channels in Upper.12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: 0 (in.) _
_ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks:
Lt5Col J`j?-, 15 eJide""`t qt ? S/ k
Cc U .? -?
SOILS
Map Unit Nam
(Series and Phase): ?I2rn,Q „? o a j
(7-
Drainage Drainage Class: W
Taxonomy (Subgroup); i Field Observations
Lu Confirm Mapped Type? Yes N
Profile Description:
Depth Matrix Color
inches Horizon (Munsetl Moist) Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure, etc.
-0-3
(o t? `E I I a
- c- G. --1 o G .-.
-
3-5- -to K R-S ( 1 -7,5 `1 e --S- v C? C QC--l 0 a.?..
2_E- t (L'617- (? `4 t2- b (L C11,
L oc
?
a=?--
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions
le
ed or Low-Ch
C
l Listed on National Hydric Soils List
y
roma
o
ors _ Other (Explain in Remarks)
Remarks:
`t JY , C S 0 l 5 p ?e S e,` C? 7? S r
WETLAND DETERMINATION
Hydrophytic Vegetation Present? ® No (Circle) (Circle)
Watland Hydrology Present? No
Hydric Soils Present? No Is this Sampling Point Within a Wetland? es No
Remarks:
e { ?`?? u ? ? puma ? e sec's ?C'2 ?rc5t°? G-? s?
V ?,
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site: 5 (? ( ? 2 `t aL c-k k e,- +M a.. [ l Date: / G (3 • 0 t _
Applicant/Owner: AJcI? QT Count QPr?) o
Investigator: c, , r 0 State: N c
Do Normal Circumstances exist on the site? s No Community ID:. ?tif e
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes 4o Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
'F A c ) 9.
,
2. cnzc v ;0 V (A,L 10.
3. uert a Q.. ??? 11.
4.Sv?, 0 Qr43 tf1'r!5', n.an c,
T 12.
?
IP AG 13.
i? Ac 14.
c ?
7.Ov D r c y5 5 k l l g ic, _ 1_?
is.
S. 16.
Percent of Dominant Species that are.OBL, FACW or FAC n
(excluding FAC-). (? (7
Remarks: 1l
Q( 2va?fnLt ?? ??J/? ??<?? kti'kL. SPe ?•2S ad- S)?
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_
Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
? _ Other -saturated in Upper 12 Inches
? ryo Recorded Data Available -Water Marks
Drift Lines
_
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper.12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks: ( 1 0
1 J 2 ? \ ?•-- V? K. J C ? ? -3e7-7 L5 A J-I- (e5 e -I ? ? S i
U P? G"S
SOILS
Map Unit Name
(Series and Phase): 12 n r l?
Drainage Class: V?
^-?
Taxonomy (Subgroup): I Field Observations
a lv ' Confirm Mapped Type? Yes
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches)
Horizon WMunsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
?
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
Ar ,
1
?
t C- 5
01
5 (P ? a fi
S ?t 51
WETLAND DETERMINATION
Hydrophytic Vegetation Present? yes No (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes o Is this Sampling Paint Within a Wetland? Yes
Remarks:
S ? fe I
WETLAND RATING WORKSHEET (4th VERSION),
Project Name: 5(Z l7Zt-( T. ???r r•??.•• (2? County: ??r5 on
Nearest Road: 59- %7Z4 Date: 6,to,oi
Wetland Area (ac): Wetland Width (ft):
Name of Evaluator(s): C.Pk orrc,_
Wetland Location:
on sound or estuary
pond or lake
on perennial stream
on intermittent stream
within interstream divide
other
Adjacent Land Use:
(Within 1/2 mi upstream,
upslope, or radius)
? forested/natural veg. qS a
agriculture/urbanized CZ-_>
impervious surface;
Adjacent Special Natural Areas
Soils
Soil Series 0r e
predominant) organic
(humus, muck or peat)
? predominantly mineral (non-sandy)
predominantly sandy
Hvdr'aul is Factors
freshwater brackish
steep topography
ditched or channelized ;
total wetland width > 100 -feet.
Dominant yezetation
( 1 ) -rc?ncu?, e ?74uS - (2) &OLt i jN. k-d^00r)JM
(3) Flooding: and Wetness
L semipermanently to
permanently flooded or
inundated of- 5dc+-jfG
seasonally flooded or
inundated
intermittently flooded or
.temporary surface water
Wetland Tvve (select one)* no evidence of flooding or
Bottomland Hardwood Forest' surface water
Swamp Forest Bog/Fen .
Carolina Barr Headwater Forest
Pocosin Bog Forest
Pine Savannah Ephemeral Wetland
Freshwater Marsh ? Other : £µem, eA - U e*?a-,.9•
*The rating system cannot be applied to salt or brackish marshes or
stream channels.
DEM. RATING
WATER STORAGE
_
x 4.00 =
K, ?.>Li'v C\i i, INE i•,Z is ?a .. ,... _ i:.
J i. iJ 1. : •. .:.lU .. ?' .?._
POLLUTANT REMOVAL x 5.00 = _
WILDLIFE HABiTA'r '2.00
AQUATIC LIFE VALUE 4.00 =
RECREATION/EDUCATION 1.00 =
WETLAND SCORE _
(TOTAL)
* :add 1 point if in sensitive watershed and >10a nonpoint disturbance
.v; rtz;n t /'1 mi to nncrruIsm ti neinnP nr rarilus.
.j
Flooding and Wetness
semipermanently to
permanently flooded or
?nundated
seasonally flooded or
inundated
intermittently flooded or
temporary surface water
WETLAND RATING WORIKSHEET (4th VERSION).
Project Name: IQL07-'{ ?.SLzrr\,, R? County: ?etSJ?
Nearest Road: 59-k?7-cr Date: o 1
Wetland Area (ac): Wetland Width (ft):
Name of Evaluator(s) :-CJ'l,rlo?
wetland Location:
on sound or estuary
pond or lake
on perennial stream
on intermittent stream
.within interstream divide
other
Soils
Soil Series
predominantly organic
(humus, muck or peat)
__6Z predominantly mineral (non-sandy)
predominantly sandy
H:rdraul_ is Factors
freshwater brackish
steep topography
ditched or channelized
total wetland width > 100 feet.
Wetland Tyne (select one)* no evidence of flooding or
Bottomland Hardwood Forest, surface water
Swamp Forest Bog/Fen
.Carolina Bay Headwater Forest
Pocosin Bog Forest
Pine Savannah Ephemeral Wetland
Freshwater Marsh Other:
*The rating system cannot be applied to salt
stream channels.
WATER STORAGE
S INE .;"'Al
ce ;. ... .. ..... •i .. ..'Ji.
POLLUTANT REMOVAL
WILDLIFE HABITA'T'
AQUATIC LIFE VALUE
RECREATION/EDUCATION
Adjacent Land Use:
(Within 1/2 mi upstream,
upslope, or radius)
forested/natural veg.
agriculture/urbanized
impervious surface -;
Adjacent Special Natural Areas
Dominant vese`ation
(1)
0-
'(2)
Jt?nnwEl.?. c•-?l?n Qr?cg
(3)
DE. RAT I-NG
?? 4,p-- 2-, .
or brackish marshes or
x 4.00 =
x 5.00
2.00
=
li
x 4.00
x 1.00
WETLAND SCORE=
(TOTAL)
* Add 1 point if in sensitive watershed and >10o nonpoint disturbance
AMIL_
Q
>r
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wettands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army. mil/wetlands/regtour. htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full teat of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases,.the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://ww-w.saw.usace.arLny.mil/wetlands/pypfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U. S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 011119
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: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: NCDOT/Christopher A. Murray
Mailing Address: 2612 N. Duke Street, Durham NC 27704
Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371
E-mail Address: cmurray@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 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 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: SR 1724 (Jack Sherman Road) from US 158 to dead end in Person
Coup.
2. T.I.P. Project Number (NCDOT Only): _ NCDOT Division Project non-TIP)
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Person Nearest Town: Peeds Store
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Roxboro, turn right and
travel east on NC 158. Turn right onto SR 17240
5. Site coordinates, if available (UTM or Lat/Long): N/A
(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: Site is
surrounded by a mixture of undeveloped land farm land and scattered residential houses
7. Property size (acres): Project footprint is 0.75 mile (3,960 feet) long and has a right of way
of 60 feet. Property size is 5.45 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Cub Creek.
9. River Basin: Tar-Pamlico River
(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/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at
SR 1724 (Jack Sherman Road). At Site 1 (Sta. 25+71-Rt- to Sta. 26+47-Rt- and Sta 26+27-
Lt- to Sta. 26+55-Lt-) the existing 26 foot pipe will be replaced with a 48 foot pipe
Additionally at Site 1, project construction will impact 0.04 acre of an emergent wetland At
Site 2 (Sta. 16+62-Lt- to Sta. 17+20-Lt-)project construction will impact <0.01 acre of a
forested wetland.
11. List the type of equipment to be used to construct the project: Excavator. Backhoe,
Bulldozer, and Grader.
12. Describe the land use in the vicinity of this project: Mixture of undeveloped land, farm land
and scattered residential housing.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous project jurisdictional determination or permit history associated with site
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: None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
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
I . Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100 year Floodplain** Nearest Stream Type of Wetland***
(indicate on man) larrecl lvec/nnl lh..a?r fant\
1 Fill 0.04 No Adjacent Emergent
2 Fill <0.01 No 50 feet Forested
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditchmg/dramage, 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 httv://NNNvNv.fema.2ov.
*** 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: 0.04 acre in project
limits.
Total area of wetland impact proposed: 0.04 acre in project limits.
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please sgecif
)
Site 1 Fill (pipe) and rip rap 42 UT Cub Creek 2 feet Intermittent
List eacn impact separately and identity 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
4ytyw.usbs.g . Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozonexom,
\vtivw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 42 feet permanent fill.
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 ma
Type of Impact* Area of
Iinpact
(acres)
(if Name applicable) ) Wate 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.
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4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? 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.
All wetlands and surface waters not affected by project construction will be protected from
unnecessary encroachment. No staging _of equipment will be allowed in or adjacent to waters of
the U.S. The side slopes at the jurisdictional site has been steepened to the maximum extent
possible. Strict enforcement of Best Management Practices for the protection of wetlands and
surface waters will be enforced during construction. Only the smallest amount of fill necessary
to complete the project will be placed in waters of the United States.
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.
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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"nc,,vetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction.. Please attach
a separate sheet if more space is needed.
Not Applicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:/ti2o.enr.state.ne.ustsvm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 ? No
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If yes, has the document review been fmalized 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 (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.
SITE 1
Impact
-f A I Multiplier I Required
Zone* I 1
-44 -
1 2,361 3
2 1,518 1.5
Total I 3,879 I L
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
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XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing: 1.72 acre impervious surface of 5.45 acre total project size Proposed: 1.81 acre
impervious surface of 5.45 acre total project size The erosion control plan for the project is
designed for 900 cubic feet of storage per acre Erosion and sediment control devices along the
proiect are comprised of temporary silt basin (Type B temporary rock silt check (Type B),
temporary rock sediment dam (Type B) temporary rock silt check (Type A) Temporary rock
silt check (Tyne A) will be placed in Zone 1 of the riparian buffer at Site 1 Temporary rock
sediment dam (Type B) will be placed in Zone 2 of the riparian buffer at Site 1 All temporarily
disturbed areas will be revegetated after construction
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.
The project will not generate wastewater.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g.; draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
71/710(
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wihnington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 2514511 Columbus Moore Sampson
Fax: (910) 2514025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
Division of Coastal Management
1638 Mail Service Center
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Hertford Pasquotank
Hyde Pender
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Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
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