20070489 Ver 1_Application_20070320

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 20, 2007
US Army Corps of Engineers
Raleigh Field Office _ _
6508 Falls of Neuse Road, Suite120 ^ ~-
Raleigh, NC 27615-6814 U ~ ®~ f~
' c/
ATTENTION: Eric Alsmeyer
NCDOT Coordinator, Division 5
Dear Sir:
Subject: Application for Regional General Permit 31, Section 401 Water Quality Certification
3404, and Neuse Buffer Authorization for the replacement of Bridge No. 63 over Middle
Creek on US 401, Wake County. Federal Aid Project No. BRSTP-401(13), State Project No.
8.1404501,WBS Element No. 33350.1.1, Division 5, T.I.P. No. B-3916. ~7S`
Please see the enclosed copies of the Categorical Exclusion (CE) document, permit drawings, half size
plan sheets, pre-construction notification (PCN), and Ecosystem Enhancement Program (EEP)
compensatory mitigation request letter. The North Carolina Department of Transportation (NCDOT)
proposes to replace the 95-foot Bridge No. 63 over Middle Creek with a new 3 span bridge
approximately 171-feet in length. The new structure will be a reinforced concrete girder bridge, with 3,
57-foot spans. The project will replace the current bridge on its existing location while using a temporary
on-site detour bridge located upstream to maintain traffic during construction. Two temporary work pads
will be constructed to provide access for demolition of the old bridge and construction of the new bridge.
IMPACTS TO WATERS OF THE UNITED STATES
The project is located in the Neuse River Basin (sub-basin 03-04-03) in Wake County. This area is part
of Hydrologic Cataloging Unit 03020201 of the South Atlantic-Gulf Coast Region. Middle Creek and
two unnamed tributaries to Middle Creek (UT1 and UT2) are located within the project area. Middle
Creek is a perennial stream and will be bridged by the proposed project. UT1 and UT2 area perennial
streams located in the northwest (UT1) and northeast (UT2) portions of the project area. Middle Creek
has been assigned a Best Usage Classification of "C-NSW" [1VCDWQ Stream Index Number 27-43-15-
(4)]. UTl and UT2 have no separate Best Usage Classification and, therefore, share the Best Usage
Classification of Middle Creek.
No designated Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS-
I), or Water Supply (WS-II), waters occur within 1.0 mile of the study corridor. This portion of Middle
Creek is not listed on the 2004 List of impaired waters [Section 303(d)] for the Neuse River Basin nor
does it drain into any 303(d) waters within 1-mile of the project area
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 1F)8
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598

Temporary Impacts
The construction of two temporary workpads and an on-site detour bridge will result in temporary
impacts to Middle Creek, UT1, and wetlands. The work pads will be constructed simultaneously,
providing access for demolition of the old bridge and construction of the new bridge. The first workpad
will be located on the southern bank of Middle Creek, resulting in 0.05 acres (521inear feet) of
temporary surface water impacts (Site 6) and less than 0.01 acre of temporary fill in wetlands (Site 7).
The second workpad will be located on the northern bank of Middle Creek, resulting in 0.03 acres (62
`; linear feet) of temporary surface water impacts (Site 8).
~., k`rU
q, ;y ~' A temporary on-site detour bridge, located west of the existing bridge, will span Middle Creek and result
~ ~\~~~ in temporary impacts to UT1 and three wetlands. The construction of the approaches to the detour bridge
will require the placement of 0.04 acre (371 linear feet) of temporary roadway fill in UT1 (Site 3). UT1
will be lined with geo-fabric prior to the placement of fill in the channel. Upon completion of the
project, the detour fill and geo-fabric will be removed and the pre-existing stream contours will be
restored. The construction of the detour bridge end bent will result in less than 0.01 acre (201inear feet)
of temporary fill in UT1 (Site 2).
The on-site detour will also result in temporary fill into three wetlands (Sites 1, 4, and 5). Construction of
the southern end bent will result in 0.01 acre of temporary wetland fill (Site 1). The construction of the
approaches to the detour bridge will result in 0.06 acre of temporary wetland fill into the wetland located
west of UT1 (Site 4). Construction of the detour bridge approaches will result in 0.07 acre of temporary
wetland fill into the wetland located adjacent to UT1 (Site 5). Upon completion of the project the fill
will be removed and pre-existing elevations and drainage patterns will be restored.
The construction of the outlet of a pipe utilized to conduct stormwater runoff will result in 0.01 acre (228
linear feet) of temporary stream impacts (Site 10). These impacts will result from temporary piping and
fill necessary to allow access for construction access to construct the pipe outlet.
Permanent Impacts
The proposed bridge will require the placement of 2 bents in Middle Creek. Each bent will have four 42-
inch diameter drilled piers. The resulting permanent surface water impacts to Middle Creek will be 77-
square feet (less than 0.01 acre).
The construction of the approaches will result in less than 0.01 acre of permanent wetland fill (Site 9).
The construction of the pipe outlet utilized to conduct stormwater runoff will result in of SO linear feet
(less than 0.01 acre) of permanent impacts to UT2 (Site 10). USACE will not require mitigation for
permanent impacts to UT2 due to the lack of aquatic function. NCDWQ will not require mitigation for
the permanent impacts to UT2 because impacts are less than 1501inear feet.
Final B-3916 Permit Application
Page 2 of 6

. .
Neuse Buffer Impacts
Construction of the new bridge, approaches, and the on-site detour will result in impacts to buffers of
Middle Creek and UT1 (Buffer Permit Drawings Sheets 7-10). UT 2 is not located on either the USGS
Topographic Map or the NRCS soil survey map for Wake County, therefore it is not subject to Neuse
Riparian Buffer Regulations. Impacts to buffers are shown in Table 1 below.
Table 1. Neuse River Buffer Im acts S uare Feet
Bridge Road
Crossin * Impact Other Than
Road Crossin Temporary
Road
Zone 1 Irri acts . ft.) 1,392 121 1971 17,581
Zone 2 Im acts . ft.) 277 240 25 8,373
Total Irn acts s . ft.) 1,669 361 1,996 25,954
Mitigation requirements
(exempt, allowable, or allowable
with miti ation) Allowable Allowable Allowable with
Mitigation Allowable
*Road crossing impacts tota123 lineaz feet.
Under the Neuse Buffer Rules, buffer impacts to Middle Creek resulting from the construction of bridges
are allowable (Site 4); impacts associated with construction of the approaches, which fall under the
category of road crossings, are allowable because impacts will be less than 150 linear feet or one-third of
an acre (Site 5). Impacts to the buffers of UT 1 resulting from construction of the approaches are
considered impacts other than road crossings, and are allowable with mitigation (Site 6).
A temporary bridge located upstream of the existing bridge will be used during construction of the new
bridge. The temporary bridge and the approaches will impact the buffers of Middle Creek (Site 1 and
Site 2) and UT1 (Site 3). Due to traffic volume and safety concerns it is not practical to detour traffic
onto the northbound bridge. Forced sewer and water lines are located east of the northbound bridge;
therefore it is not practical to construct a temporary detour in this location due to the interruption of
public services and cost of relocating the lines.
Under the Neuse Buffer Rules, temporary roads used for bridge construction or replacement are
allowable provided that restoration activities are conducted immediately after construction. All non-
maintained riparian buffers impacted by the placement of temporary fill or clearing activities shall be
restored to the preconstruction contours and revegetated with native woody species.
This bridge has been determined to be structurally deficient and functionally obsolete. The replacement
of this inadequate structure will result in safer and more efficient traffic operations. Because this bridge
needs to be replaced, impacts to the riparian buffers of the Middle Creek are unavoidable. Replacing the
existing bridge at its existing location provides the least amount of impacts to riparian buffers.
Utility Impacts
The replacement of Bridge No. 63 will result in impacts to buried telephone lines located on the western
portion of the bridge. The telephone lines will be relocated using a directional bore outside of the
riparian buffers. There will be impacts to riparian buffers due to the relocation of the telephone lines.
The impacts will be within areas which will be impacted by construction of the detour bridge and are,
therefore, included in the impacts associated with the temporary detour.
Sanitary sewer lines at the southwestern portion of the project, where an existing storm water drainage
ditch is cutting down the existing ground over the sanitary sewer force main, maybe impacted by the
project. The force main may or may not have to be lowered to provide sufficient cover. Lowering the
force main will not result in any impacts to jurisdictional streams, wetlands, or riparian buffers.
Final B-3916 Permit Application
Page 3 of 6

e ,
Bridge Demolition
Existing Bridge No. 63 was built in 1926. It is a two-span structure that is 95-feet long and 31.4-feet
wide. The bridge superstructure consists of reinforced concrete deck on concrete girders. The
substructure of the bridge consists of reinforced concrete end bents and concrete caps on concrete piles
for interior bents. One reinforced concrete abutment and one pier are in the water. There is the potential
for 242.7 cubic yards to be temporarily placed into Waters of the United States, although all guidelines
for bridge demolition and removal will be followed in addition to Best Management Practices for the
Protection of Surface Waters.
Restoration Plan
Removal and Disposal Plan: The contractor will be required to submit a reclamation plan for the removal
and disposal of all material off-site at an upland location. The contractor will use excavation equipment
for removal of any earthen material. Heavy-duty trucks, dozers, cranes, and various other pieces of
mechanical equipment necessary for construction of roadways and bridges will be used on site. The
contractor will have the option of reusing any of the materials that the engineer deems suitable in the
construction of the project. After the erosion control devices are no longer needed, all temporary
materials will become property of the contractor.
Following construction of the bridge, all temporary fills will be completely removed from wetlands and
streams. Restoring natural hydrology and native vegetation will restore wetlands. Stream contours and
vegetation will be reestablished upon the removal of the temporary workpads. Class II riprap and filter
fabric will be used for bank stabilization.
Schedule: At this time the project is scheduled to let May 15, 2007 with a date of availability of June 26,
2007. It is expected that the contractor will choose to start construction in June.
MITIGATION OPTIONS
Avoidance and Minimization and Comuensatory Mitigation: The NCDOT is committed to
incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts,
and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts.
Avoidance measures were taken during the planning and NEPA compliance stages; minimization
measures were incorporated as part of the project design.
According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid, minimize, and
mitigate, in sequential order, impacts to waters of the US. The following is a list of the project's
jurisdictional stream avoidance/minimization activities proposed or completed by NCDOT:
• Bridge No. 63 will be replaced in place, providing the least amount of impacts to the riparian buffers.
• Traffic will be maintained on a detour bridge that will span Middle Creek.
• Where possible, steeper fill slopes were used to reduce the footprint of the project reducing impacts
to riparian buffers and wetlands.
• The roadway grade was maintained close to the existing, minimizing the placement of roadway fill
into wetlands and riparian buffers.
• Design Standards in Sensitive Watersheds will be used.
• Temporary construction impacts due to erosion and sedimentation will be minimized through
implementation of stringent erosion control schedule and use of Best Management Practices (BMPs).
• A preformed scour hole will be located southwest of the bridge to reduce stormwater impact on
Middle Creek.
Final B-3916 Permit Application
Page 4 of 6

Compensatory Miti a
NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as
described above. Unavoidable, impacts to 1,996 square feet of riparian buffers will be offset by
compensatory mitigation provided by the EEP program. A letter requesting compensatory mitigation
from the EEP is attached. No mitigation is proposed for the temporary impacts.
FEDERALLY-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 Endangered
Species Act of 1973, as amended. As of January 29, 2007, the United States Fish and Wildlife Service
(USFWS) lists four federally protected species for Wake County. Table 2 lists the species, their status
and biological conclusion.
Table 2. Federally-Protected Species for Wake County
Common Name Scientific Name Federal
Status Biological Conclusion
dwarf wedgemussel Alasmidonta heteradon E May affect, Not Likely to
Adversely Affect
bald eagle Haleaeetus leucephalus T No Effect
red-cockaded
wood ecker Picoides borealis E No Effect
Michaux's sumac Rhus michauxii E No Effect
Biological conclusions of "No Effect" were given in the CE for red-cockaded woodpecker and
Michaux's sumac. There is no suitable habitat for the red-cockaded woodpecker. There was suitable
habitat for Michaux's sumac within disturbed areas and rights-of--way, however, no plants were observed
during surveys performed on April 19, 2004.
A biological conclusion of "May Affect, Not Likely to Adversely Affect" was given in the CE for the
bald eagle. Surveys were conducted November 4 and 12, 2003 for bald eagles for this project. Only
marginal habitat exists within 1.0 mile of the project site and no bald eagles were seen. A concurrence
letter from USFWS dated December 3, 2003 concurs with these biological conclusions for these species.
However, due to a change in terminology, the biological conclusion has been changed to "No Effect" for
the bald eagle.
A biological conclusion of "May affect, not likely to adversely affect," was given in the CE for the dwarf
wedgemussel. Alderman Environmental Services, Inc. conducted surveys for the dwarf wedgemussel on
November 4, 2003. No dwarf wedgemussels were found. This particular portion of Middle Creek is
located downstream of an impounded lake and does not appear to provide optimal habitat for dwarf
wedgemussel; therefore no further surveys were required. A letter from the USFWS dated December 8,
2003, which included in the CE, concurs with the Biological Conclusion of "May Affect-Not Likely to
Adversely Affect" for dwarf wedgemussel.
Final B-3916 Permit Application
Page 5 of 6

SUMMARY
Section 404 Permit: Application is hereby made for the Department of Army Section 404 Regional
General Permit No. 198200031 authorizing for the above-described activities for impacts associated
the construction of Bridge No. 63.
Section 401 Permit: The NCDOT will adhere to all General Water Quality Certifications (WQC) 3404.
Written concurrence from the NCDWQ is required. We are providing five copies of this application to
the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for
review.
Buffer Authorization: This project has been designed to comply with the Neuse River Basin Riparian
Buffer Rules (15A NCAC 2B.0233). NCDOT requests written authorization for a Buffer Authorization
from the Division of Water Quality.
A copy of this permit application will be posted on the NCDOT Website at:
http://www.ncdot.org~doh/preconstruct/pe/. If you have any questions or need additional information,
please call Erica McLamb at 715-1521.
Sincerely,
'--~ -~~-
` Gre o J. Tho e Ph.D.
~/~ g rY rP
Environmental Management Director, PDEA
w/attachment
Mr. John Hennessy, NCDWQ (5 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Michael Street, NCDMF
Dr. David Chang, P.E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, Project Services Unit
Mr. J. Wally Bowman, PE., Division Engineer
Mr. Chris Murray, DEO
Ms. Theresa Ellerby, PDEA
w/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Theresa Ellerby, PDEA
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Final B-3916 Permit Application
Page 6 of 6

Office Use Only: r,Form Version March OS
USACE Action ID No. DWQ No. ~ ~ ~/ ~ ~) L~~
(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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: GP 31
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, NC 27699-1548
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
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: N/A
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 1 of 9

t
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: Replacement of Bridge No.63 over Middle Creek on US 401
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3916
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake
Nearest Town: Garner
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): see map in permit
drawings
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6318 °N 78.7161 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Middle Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.err.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project area is primarily business development and
forested land with some residential developement
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
Bridge No. 63 will be replaced on existing location with an onsite detour. Heaw duty
excavation equipment will be used such as trucks, dozers, cranes and other various
equipment necessary for roadway construction.
11. Explain the purpose of the proposed work: To replace a deteriorating bride
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. N/A
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.
N/A
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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 maybe 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: Please refer to attached cover letter.
Page 3 of 9

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing. grading, till, excavation, flooding, ditching/drainage, etc. For dams,
cenarately lief imnactc dne to hnfh stilicture and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Temporary Fill Riverine Yes 20 feet 0.01
4 Temporary Fill Riverine Yes 120 feet 0.06
5 Temporary Fill Riverine Yes 7 feet 0.07
7 Temporary Fill Riverine Yes 20 feet <0.01
9 Permanent Fill Riverine Yes 100 feet <0.01

Total Wetland Impact (acres) 0.14
3. List the total acreage (estimated) of all existing wetlands on the property: 1.04 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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 he included- To calculate acreage. multiply leneth X width. then divide by 43.560.
Stream Impact ~-
Number Stream Name
(indicate on ma)
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
2 UT1 Temporary Pill Perennial 10 20 <0.01
3 UTl Temporary Fill Perennial 10 371 0.04
6 Middle Creek Temporary Fill Perennial 50 52 0.05
8 Middle Creek 'Temporary Fill Perennial 50 62 0.03
10 UT2 Temporary Fill Perennial 10 228 0.01
10 UT2 Permanent Perennial 10 50 <0.01
'Total Stream [mpact (by length vId acreage) 783 0.13
Page 4 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredgin ,flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.13
Wetland Impact (acres): 0.14
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.13
Total Stream Impact (linear feet): 783
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9

VII. Impact Justification (Avoidance and 1vlinimization)
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. Please refer to the attached
cover letter
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 January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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. stateaic. a s,incwetlands/stnngide.html.
Page 6 of 9

.~
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 required for the proposed impacts to riparian buffers categorized as "impacts
other than road crossings." Mitigation will be conducted through the NCEEP
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 1,996 sQ. ft._
Amount of Riparian wetland mitigation requested (acres): 0.05 acre
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 [phone] to review current thresholds for environmental documentation.
Yes ® No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^
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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.
1. Will the project .impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse )? Yes ® No ^
2. If "yes", 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.
~. Impact Required
Zone ~ ____ ,_ ._,, Multiplier ,,,~:,,__,,__
1 ~ I971 ~ 3 (2 for Catawba) ~ 5913
2 25 1.5 38
Total I 1996 5951
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .(?244, or .0260.
Mitigation will be conducted through EEP.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed imapervious level. N/A
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