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HomeMy WebLinkAbout20040257 Ver 1_Complete File_20030211G \N A, T Michael F. Easley, Governor ODD' ??QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project No.: 04402-5-7 County: ywt t_t65 Applicant: 9C. DOT Project Name: LIS tW-f 2I C W IFLEE.,//•JCr3 AJCM,4 A?A//003fZ Date of Issuance of 401 Water Quality Certification: FEB. 23- 20011 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 1, , 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 constriction 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: If this project was designed by a Certified Professional I,eRpC,,Ea_ MA¢??2K-,,., , as a duly registered Professional &xwwwJi.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee 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 supportin6 atenals. Signatu e - rn 3-? Registration No. I ck 1 aro Date 1o- 4-oS > NCOEi4 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), http://h2o.enr.state.nc.us/ncwetiands/ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project No.: 04 0 25 7 County: WI L-IC.E-5 Applicant: KC-DOT Project Name: LIS w*f 2I C W 1V16-MJC Date of Issuance of 401 Water Quality Certification FEB. 2'S_ 2 DOS/ 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 1, , 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 1, , 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: If this project was designed by a Certified Professional , as a duly registered Professional G-YAyg(,(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee 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 supportii aterials. Signatu?Registration No. 1?1 Date A;A 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), http://h2o.enr.state.nc.us/ncwetiands/ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Coleen H. Sullins, Deputy Director Division of Water Quality February 23, 2004 Wilkes County DWQ Project No. 040257 U. S. Highway 21 (Widening) NCMA APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Mike Pettyjohn, P.E. "'p-TL4NI)S?401 GRQUP Division Engineer N C Department of Transportation BAR Post Office Box 250 2004 North Wilkesboro, North Carolina 28659 . ?ZfZ b?s S 'f r Dear Mr. Pettyjohn. c>T9')jV You have our approval, in accordance with the attached conditions and those listed below, to impact 32 linear feet of an unnamed tributary to Elkin Creek (12 feet of new pipe, 20 feet of riprap and temporary dewatering of 30 feet of stream) in order to widen and make safety improvements to U.S. Highway 21 in Wilkes County. The project must be constructed in accordance with your application dated February 6, 2004 (received February 11, 2004), including the environmental commitments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must 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 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 of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. 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 water 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. Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 585 Waughton Street Winston-Salem, NC 27107 Telephone: 336/771-4600 Fax: 336/771-4633 Customer Service: 1-877/623-6748 Mr. Mike Pettyjohn, P.E. February 23, 2004 Page Two 2. 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. 3. 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. 4. Elkin Creek and its tributaries are classified as WS-II, HQW waters. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15ANCAC 4B.0124 (a)-(e)J. 5. The pipes at Station 270+80 is perched and has an existing energy dissipater pad at the outlet and will remain perched. 6. NCDOT is encouraged to use onsite vegetation and materials for streambank stabilization when practicable. 7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 9. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable), culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide or restore water channels downstream to help facilitate aquatic life movement. 10. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow through without freefalling or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or fish passage. 11. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified by widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 12. Any riprap used must not interfere with aquatic life passage during low flow conditions. 13. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 14. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 15. 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. 16. 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. 17. All work shall be performed during low flow conditions. 18. 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 NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. Mr. Mike Petty-john, P.E. February 23, 2004 Page Three 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. 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. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Sincerely, / p4l-? Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers Heath Slaughter, Division 11, DEO John Thomas, USACE Raleigh Field Office Wetlands/401 Unit Winston Salem Regional Office Mike Parker, NCDWQ Asheville Regional Office Central Files asAA7Fo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P. 0. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT GOVERNOR PHONE: 919-733-2520 SECRETARY February 6, 2004 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office 040257 6508 Falls of Neuse Road, Suite 120 WETLANDS/ 401 GROUP Raleigh, NC 27615 Subject: Nationwide Permit #14 & #33 FEB 2004 US 21 Widening from Surry County Line to SR 1733 WATER QUALITY SECT101V NC Moving Ahead Project (MA 11003R) Wilkes County, North Carolina Project Number: 37051 (DWQ Permit Fee: $200) Dear Mr. Thomas: Under the NC Moving Ahead initiative, the NC Department of Transportation is scheduled to widen US 21 from the Wilkes/Sung county line to SR 1733 in Wilkes County. Total project lengthlis approximately 4.27 miles. The roadway will be widened from 22 feet to 26 feet with additional turn lanes installed at the SR 1002, SR 1902 and SR 1911 intersections. Impervious surface area will increase by approximately 2.4 acres. Please note that almost all of the work will be accomplished on existing shoulders. Guardrail will be used as applicable along fill sections to eliminate extensions of fill slopes. There are several stream crossings along this section of US 21. However, due to the limited scope of the proposed activity, only the stream at station 270+80 will be impacted. At this location, we are proposing to extend the existing 66" RCP by 12 feet on the inlet end. A new headwall will be installed as well. We are requesting authorization to place 20 linear feet of riprap for bank stabilization near the pipe extension however; it is unlikely that it will be needed. Miscellaneous riprap impacts will total 20 linear ft. or less. New stream impacts = 32 linear ft. Please note that the outlet end of the wet pipe at station 270+80 is perched approximately 4 feet with a sizable energy dissipater pad at the outlet. We do not believe that this will create a permitting problem since the stream is fed by a pond overflow pipe immediately upstream of the culvert (see attached topography map). P. O. Box 250, N. WILKESBORO, NC 28659 PHONE (336) 667-9111 FAx (336) 667-4549 3l Mr. John Thomas NCMA US 21 Widening, Wilkes Page 2 February 6, 2004 The replacement of the wet pipe 'at station 270+80 will require temporary dewatering. An impervious dike will be constructed approximately 30 feet upstream of the existing structure. Stream water will be directed into a jump pipe and discharged into the center portion of the existing structure. This should prevent a turbidity or wet concrete issue during the proposed culvert extension. Total dewatered area will equal 120 square feet or 0.0028 acres. Any dirty water located inside the construction area will be pumped into a silt bag. Once the new structure is in place, the impervious dike and jump pipe will be removed and preconstruction streambed elevations will be restored. Construction of this project will require impacts to waters of the United States in the Yadkin River Basin. The above noted wet pipe carries an unnamed tributary to Elkin Creek (Class: WS- II, HQW). This project was reviewed for the presence of threatened and endangered species on February 5, 2004. There are two know Bog Turtle populations located less than 0.5 miles west of the closest portion of the project. However, do to the limited scope of the project, we do not anticipate any impact to these 2 areas. In addition, the unnamed tributary that we will be working in is located 3.2 miles away and does not drain toward these populations. As a result, we have determined that this project will have no effect on any federally listed endangered plant or animal species. Historic compliance work will be scheduled and concurrence with the State Historic Preservation Office will be obtained if required. T?e project impacts are minor in nature and should not remove or degrade existing water quality uses. Pipe sizes used will be the minimum necessary to create a safe roadway. By utilizing the erosion control measures outlined in the attachments to this application, downstream water quality standards will be protected. Furthermore, all appropriate BMPs will be used during construction. Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control measures, a marked county map, a marked topography map and photographs. By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with the North Carolina Wildlife Resources Commission comment directly to you concerning the 404 Nationwide Permit application with a copy sent to me. By copy of this letter, I am forwarding seven (7) copies of this application package to Cynthia Van Der Wiele, NCDENR, Division of Water Quality, 401/Wetlands Unit, for her review. It is requested that any comments related to the 401 certification be forwarded directly to me with a copy sent to the US Army Corps of Engineers. Mr. John Thomas NCMA US 21 Widening, Wilkes Page 3 February 6, 2004 We would like to begin construction as soon as possible. If further information is required, please let me know. Your early review and consideration will be appreciated. Sincerely, A-A Heath Slaughter Division Environmental Officer Enclosures cc: John Thomas, US Army Corps of Engineers (1 additional copy) Ron Linville, Western Piedmont Region Coordinator, NCWRC Cynthia Van Der Wiele, Division of Water Quality (7 copies) Mike Parker, Division of Water Quality Mike Pettyjohn, PE, Division Engineer } Doug Tetzlaff, District Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Mark Freeman, PE, Division Project Manager Office Use Only' V 4 0Ln 5 7 Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. 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: NW #14 & #33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department 4Transportation Mailing Address: P O Box 250 North Wilkesboro, NC 28659 Telephone Number: (336) 903-9236 Fax Number: (336) 903-9239 E-mail Address: hslaughter@.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: Heath Slaughter Division Environmental Officer Company Affiliation: North Carolina Department of Transportation Mailing Address: P O Box 250, North Wilkesboro, NC 28659 Telephone Number: (336) 903-9236 Fax Number: (336) 903-9239 E-mail Address: hslaughter@.dot.state.ne.us 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: NC Moving Ahead - US 21 widening; from Surry/Wilkes line to SR 1733. 2. T.I.P. Project Number (NCDOT Only): MA 110038 WBS# 37051 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wilkes Nearest Town: Thurmond Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See attached site vicinity map. i 5. Site coordinates, if available (UTM or Lat/Long):, Station # 270+80 DD: 36.3533 ON / 80.9040 °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. Describe the existing land use or condition of the site at the time of this application: Residential/Agricultural 7. Property size (acres): A?proximately 77.6 acres 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Elkin Creek (Class: WS-II, HQ))) - 9. River Basin: Yadkin (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: Widen US 21 and add turn lanes at several locations. 11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, motor grader, dump trucks, paving equipment etc. 12. Describe the land use in the vicinity of this project: Residential/Agricultural 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 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: 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tilt, 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 httt)J/www.femapo . *** 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: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width of Perennial or Site Number Type of Impact* Impact Stream Name** Stream Before Intermittent? (indicate on map) (linear feet) Impact (please specify) S 270+8 No. Pipe extension 12 feet UT to Elkin Creek 3 feet Pond Overflow Miscellaneous Station No. Rip-,6P 20 feet UT to Elkin Creek 3 feet Pond Overflow 270+80 placement for stabilization * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchingfstraightening, 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.usas.aov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mmnuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 32 In. ft. of new permanent impacts. Page 6 of 12 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 Impact acres Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Station No. 270+80 Temporary Dewatering 0.0028 UT to Elkin Creek Stream * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? 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: I 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. By utilizing the erosion control measures as shown in the attached drawings, adverse impacts to streams in the area will be minimized. Since this is an existing roadway, the stream impacts cannot be avoided. However, the replacement pipe lengths will be the minimum needed to safely construct the paved roadway All appropriate BMPs will be used during construction. Page 7 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr. state. nc.us/ncwetlands/strmgide. html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited Ito: site location (attach directions and/or map, if offsite), affected stream and river basin, tY]qe 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. N/A Page 8 of 12 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 tie 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 bo://h2o.enr.state.nc.45/wrp/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 ® t If yes, has the document review been finalized by the StA 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: Page 9 of 12 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 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. 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 (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. Impervious surface area will be increased by approximately 2.4 acres. All appropriate best management practices for sediment and erosion control will be implemented during 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. 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 Page 10 of 12 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 Sign4*e Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan t 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 US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 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 US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington 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) 251-4511 Columbus Moore Sampson Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 ) Im R °e ails A 1 N n o \ aim m_ \ m m t N r r m oz ? 1,' R I T j Z W* or J S o, - - Zm / IV y ` ' <x .r - IN Im 0 ,u I ?\ c .to o a N erw ' r % . v« Y a , e t t1oo , 4t L? ? 4055 N ert. 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