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HomeMy WebLinkAbout20031287 Ver 1_Complete File_20031010Michael F. Easley, Governor ot WAr?R William G. Ross Jr., Secretary ` pG North Carolina Deparunent of Environment and Natural Resources Ot 7, Alan W. Klimek, P.E. Director DWQ Project No.: 63 1Z.6 Applicant: lteeffv Project Name: Date of Issuance of 401 Water Quality Certification.; County: Co /a's, JOS. akertificate 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/Wedands 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 Certificatio?p I, 7`2/r y 74 a „ _ J? hereby state that, to the best of my abilities, due care and diligence was used in th observation of tfie construction such that the construction was observed to be built within substantial compliance and intent of the 4011; W4 Quality Certification and Buffer Rules, the approved plans and specifications, and other sub materi TIP* Signature: Date: d 6 6 Agent's Certification I, ?m & -e 3 1?erA,1-74y5: 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 m aterial specifications, and othe7"' Signature: Date Engineer's Ce on 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 WAT Michael F. Easley, Governor ?QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 6 I T Alan W. Klimek, P.E. Director 12W > Division of Water Quality a .? Coleen H. Sullins, Deputy Director Division of Water Quality October 27, 2003 Columbus County DWQ Project No. 031287 State Project # NIA06014R Culvert Extensions US 76 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Terry R. Gibson, P.E., Division Engineer NCDOT Division 6 P.O. Box 1150 Fayetteville, NC 28302 Dear Mr. Gibson: You have our approval, in accordance with the attached conditions and those listed below, to impact 16 linear feet of two unnamed tributaries to Porter Swamp in order''to extend existing culverts under US 76 in Columbus County. The project should be constructed in accordance with your application dated October 3, 2003 (received October 10, 2003). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No.. 3404 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us, in writing, and send us 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1) Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 2) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 3) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 4) NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization and to minimize the use of rip rap. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/ NCDOT US 76, DWQ # 031287 Page 2 October 27, 2003 5) The culvert extensions required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of the culvert. The culvert shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. 6) Disturbed floodplains and streams should be restored to natural geomorphic conditions. 7) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 8) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 9) Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 10) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 11) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ 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 NC Division of Water Quality upon completion of the project. Please include photographs of the completed construction upstream and downstream of the culvert site to document correct installation. r NCDOT US 76, DWQ # 031287 Page 3 October 27, 2003 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Beth Barnes at 919.715.8394 or Ms. Noelle Lutheran of the Wilmington Regional Office at 910.395.3900. Sincerely, cl? Alan W. Klimek, P.E. Attachment Pc: Wilmington District Corps of Engineers Richard Spencer, USACE Wilmington Field Office NCDWQ Wilmington Regional Office Central Files File Copy FILE COPY MICHAEL F. EASLEY. GOVERNOR 4011 6SUED 6--1V STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION LYNDO TIPPETT SECRETARY OCTOBER 9, 2003 WETLANDS 1401 GROUP NCDENR Division of Water Quality O C T 1 0 2003 John Hennessy 031287 2321 Crabtree Blvd. Suite 250 WATER QUALITY SECTION Raleigh, NC 27604-2260 RE: Culvert Extensions / US 76 / Cerro Gordo / Columbus County North Carolina Moving Ahead Project / State Project # MA06014R USACOE NWP#14 / NCDENR WQC 3404 Dear Mr. Hennessy: Enclosed, please find seven (7) copies of a PCN and related documentation for a Minor Culvert Extensions along US 76 in Cerro Gordo, Columbus County. The project will be completed in compliance with NCDENR Division of Water Quality General Certification 3404, and, USACE Nationwide Permit #14. This project is a North Carolina Moving Ahead Project being submitted under the 401 Automated Payment Procedure. The State Project number is MA06014R, and, the Perm it fee is $200.00. If you should have any questions or comments regarding this notification, please feel free to contact me. cerely i ?S i JamesiJ. Rerko, PWS Division 6 Environmental Officer P. O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1952 - Fax (910) 486-1959 Re: NCDOT US 76 DWQ 031287 Subject: Re: NCDOT US 76 DWQ 031287 Date: Mon, 27 Oct 2003 11:32:05 -0500 From: Rob Ridings <xob.ridings@ncmaiI.netf ILE COPY Organization: NC DENR DWQ To: Beth Barnes <beth.bames@ncmail.net> "Fish Advisory: Mercury" Beth Barnes wrote: >Rob, this project is listed as in River Basin 030751, Porter Swamp, >303(d) list. I need to know why it is on the 303(d) list, please. >Thanks, Beth 1 of 1 10/27/2003 11:32 AM Co to/ C%/ F NORTH CAROLINA VILt DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY Govf> I S UED October 3, 2003 U.S. Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilnington, North Carolina 28402-1890 ATTN: Mr. Richard Spencer NCDOT Coordinator 031 237 W. LYNDO TIPPETT SECRETARY WETLANDS /401 GROUP OCT 1 0 2003 WATER QUALITY SEC704 Dear Sir: Subject: Notification for Nationwide Permit 14 (Minor Road Crossing) NCDENR 401 WQC 3404 Culvert Extensions US 76-Columbus County State Project Number: MA06014R The North Carolina. Department of Transportation (NCDOT) has scheduled to widen US 76 from existing 2-lane section to a 3-lane section with center turn lane through the length of the Town of Cerro Gordo, in Columbus County. This project is a NCDOT Moving Ahead Project. Total project length is 0.75 mile. The roadway will be widened from 22 feet to 32 feet and stabilized grass shoulders (6 foot) will be provided. This project will require the extension of two (2) wet cross line as shown below: Crossing Roadway Station Existing Culvert Proposed Culvert Crossing #1 Sta 22+00 56LF 42" RCP 64LF 42" RCP Crossing #2 Sta 44+75 68LF-2 24" RCP 76LF 2-24" RCP New stream impacts =16 linear feet Construction of this project will require impacts to waters of the United States in the Lumber River Basin. Crossings #1 and #2 convey separate UT's to Porter Swamp. (Class C Sw). Crossing #1 is located just east of the Cerro Gordo Elementary School. A turn lane is proposed along this length of roadway to increase traffic safety. The existing 42" RCP will be extended 8 foot (two pipe joints) to accommodate the addition of the turn lane. No jurisdictional wetlands were identified within the proposed foot [print of the roadway improvements. 1 P. O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1952- Fax (910) 486-1959 Crossing #2 is located at the High School building. The addition of the turn lane necessitates the extension of the existing twin 24 inch CMP's from 68 linear feet to 76 linear feet (two pipe joints). The eight-foot extension will impact upon a swath of jurisdictional wetlands along the UT to Porter Swamp. Total wetland impact is 360 sq ft / 0.01 ac (0.008 ac). Richard Spencer of the Corps of Engineers verified the wetland extents in a field meeting. The Cerro Gordo Quad map showed the UT to Porter Swamp flowing under US 76, eventually discharging into Porter Swamp. The UT to Porter Swamp was piped from US 76 to Porter Swamp during the development of the High School building and associated parking lots and sports fields. RESOURCESTATUS In general, there will be minor impacts proposed as the result of extending the culverts along US 76 in Cerro Gordo, Columbus County. Sixteen (16) linear feet of stream impacts and less than 0.01 acres of wetland impacts are expected. A Nationwide Permit #14 / NCDENR 401 WQC 3404 is required for the project. Endangered Species: Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service lists four federally protected species for Columbus County. Federally Protected Species for Columbus Countv SCIENTIFIC NAME COMMON NAME STATUS Acipenser brevirostrum Shortnose Sturgeon E Menidia extensa Waccamaw silverside T Picoides borealis Red-cockaded woodpecker E Thalictrum cooleyi Cooley's meadowrue E Lysimachia asperulaefolia Rough-leaved loosestrife E "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). T(S/A)- Threatened due to similarity of appearance, a species that is threatened Due to similarity of appearance with other rare species and is listed for its Protection. These species are not biologically endangered or threatened and Are not subject to Section 7 consultation. A biological conclusion of "No Effect" was reached for all species during the July 23, 2003 survey for protected species. Protected species were not identified, nor, was the general habitat for each species identified. REGULATORY APPROVALS Application is hereby made for a Department of the Army Nationwide Permit 14 / NCDENR 401 WQC 3404 as required by the above-described activities. Due to the minor nature of the wetland impacts, wetland mitigation is not required for this project. The National Register was reviewed in addition to conducting a field view of the project for significant historic features. Submission has been made to the State Historic Preservation Office for their concurrence and clearance. The project impacts are minor in nature and should not remove or degrade existing water quality uses. Pipe sizes proposed are the minimum necessary to create a safe highway while accommodating the 25-year design storm. By utilizing the erosion control measures, downstream water quality standards will be protected. All appropriate BMP's will be utilized during construction. Attached is a Preconstruction Notification Form, plan sheets, marked county road map, quad location map and photographs. If you should have any questions, or, need additional information please contact James J. Rerko, PWS at (910) 486-1952. cerely, ames JAerko, PWS Division 6 Environmental Officer ATTACHMEmfs Cc: John Hennessy, Division of Water Quality (7 copies) Terry Gibson, P.E., Division Engineer Robert Crumpler, P.E., District Engineer H. L. "Drew" Cox, P.E. Office Use Only: C 1287 Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or 'N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Terry R. Gibson, P.E. /NCDOT/Div 6/Division Engineer Mailing Address: P.O. Boat 1150 Fayetteville, NC 28302 Telephone Number: 910-486-1493 Fax Number: 910-486-1959 E-mail Address: tgibsonna,dot.state.nc.us 2. Agent/Consultant 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: James J. Rerko, PWS Company Affiliation: NCDOT/Div 6/ Division Environmental Officer Mailing Address: Same Telephone Number: 910-486-1952 Fax Number: 910-486-1959 E-mail Address: iirerkokdot.state.nc.us Pagel of 8 M. 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 ofproject: US 76 / Cerro Gordo 2. T.I.P. Project Number or State Project Number (NCDOT Only): MA06014R 3. Property Identification Number (Tax PN: 4. Location County: Columbus Nearest Town: Cerro Gordo Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 0.75 mile section of US 76 within the town of Cerro Gordo 5. Site coordinates, if available (UTM or Lat/Long):Culvert #1-34°19'44"N 78°55'45"W Culvert#2 - 34°19'38"N 78°55'20"W (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. Property size (acres): 7.2 acre +/- 7. Nearest body of water (stream/river/sound/ocean/lake): Porter Swamp 8. River Basin: Lumber 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/mat)s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing 2 lane US route within 100 foot Right-of-Way. Surrounded by residential, commercial and institutional (elementary & secondary schools use. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Extend existing culverts #1 & #2, eight feet each, to accommodate proposed turn lane. Culvert pipe will be installed using a track excavator to excavate and lift culvert into place. 11. Explain the purpose of the proposed work: Provide center turn lane along a 0.75 mile length through the town of Cerro Gordo. 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. Richard Spencer reviewed the project 09/15/03 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None 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. 1. Provide a written description of the proposed impacts Lengthen culverts to improve the safety standards along US 76 providing a center turn lane. Page 3 of 8 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** Crossing #1 N/A 0 No 0 LF N/A Crossing #2 Fill 0.008 No 0 LF PEMIA 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 hft://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.01 acre Total area of wetland impact proposed: 0.01 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Crossing #1 Culvert 8 ft UT to Porter Swamp 3 ft Intermittent Crossing #2 Culvert 8 ft UT to Porter Swamp 2 ft Perennial * List each impact separately and identi fy 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.tonozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 16 LF 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Page 4 of 8 Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): N/A 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. Accident data along US 76 identified numerous rear end collisions in Cerro Gordo A center turn lane should reduce the accident freauency. The culverts will be extended to accommodate the center turn lane. 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 Page 5 of 8 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/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is not required for this project 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.uL/wM/l*ndex.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): 0 LF Amount of buffer mitigation requested (square feet): 0 LF Amount of Riparian wetland mitigation requested (acres): 0 LF Amount of Non-riparian wetland mitigation requested (acres): 0 LF Amount of Coastal wetland mitigation requested (acres): 0 LF Page 6 of 8 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 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 E] No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 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 XI. Stormwater (required by DWQ) 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. An erosion and sedimentation control plan will be incorporated into the construction plan XII. Sewage Disposal (required by DWQ) 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. N/A XIH. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 1530 :r 1003 RIVER' / t :? .6 A > 1532 ^ 1.2 l t ti i° 617 1508 1..: 509 1520 1521 a p L A 13 X e ® .7 7531 Mt. Oil" ? A 100 74 14 1002 - - 13 '1 _ 153 1546 e? 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