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HomeMy WebLinkAbout20040546 Ver 1_Complete File_20040406Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No..0 05 4 6 . of ono t.artir„lar item is not annlirahle to this pnriert please enter "Not Applicable" or "N/A".) 1. 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: N/A 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: ? H. Applicant Information 2. 1. Owner/Applicant Information WETLANDS 1401 GROUP Name: Ralph Nance Mailing Address: PO Box 374 APR 0 R 2-994 Chadbourn NC 28431 WATER (11.414 vcr?_ Telephone Number: Fax Number: E-mail Address: PO Box 1529 Tarboro NC 27886 Telephone Number 252-823-1021 Fax Number: 252-823-0137 E-mail Address: mt4ylor@barnhillcontracting.com Agent/Consultant Information (A signed and dated copy of the Agent Authorization must be attached if the Agent has signatory authority for the owner/applicant.) Name: Michael Ta loy_r Company Affiliation: Barnhill Contracting; Company Mailing Address: letter Page 5 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: US 117 from South of NC 581 to North of US 70 Interchange 2. T.I.P. Project Number or State Project Number (NCDOT Only): 8.1330510. TIP R-1030AA 3. Property Identification Number (Tax PIN): 2690535266 4. Location County: Wayne Nearest Town: Goldsboro Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.):US 70 East, turn north at last light before US 13 intersection. Borrow site is at end of road, west of and adjacent to US 117 Improvements right-of-way, south of waterbody. See attached map. 5. Site coordinates, if available (UTM or Lat/Long): UTM 17771765E 3921737N (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): 5 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Created pond on UT to Little River 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.enr.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: Land use currently consists of a fallow field. The area outside of riparian buffer is pWosed for use as a borrow site for the US 117 Improvements, which will be built immediately east of the site. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The project is to provide a bypass around the City of Goldsboro. The portion of the project necessary for this application is to provide borrow material for the road. Equipment to be used includes excavators off road trucks bulldozers and rollers. 11. Explain the purpose of the proposed work: To provide additional borrow material for the road project. Use of the additional material from the buffer zone will reduce the need for additional borrow sites. 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. COE Permit # 199202353, Certification # 3293 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. 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 7 of 12 1. Provide a written description of the proposed impacts: No impacts to wetlands -or streams are anticipated for this project All borrow activities will take place within upland areas The, project will tie-in to an existing surface water. 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** (yes/no) Distance'to Nearest Stream (linear feet) Type of Wetland*** d t it li hanized clearin ding fill, m e * List each impact separately and identify temporary impacts. Impacts mclude, but are not o. mec g, gta > 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 htty//www.fema.go? *** 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: Total area of wetland impact proposed: 0 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? lease specify) __._? L..« .. ....? t:..,;ro.t ?..• r>,1va rFc anil accrriatM tiYl vm " List each impact separately and identity temporary impacts. nmpacw uid", but w dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.manauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) t li mited to• fill excavation, dredging- List each impact separately and identify temporary impacts. Impacts include, but are no 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.): excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): The excavated material will provide borrow material for the road ro ect 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. Please see attached site plan and write u 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. Page 9 of 12 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 to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is necessary 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.us/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 Page 10 of 12 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 ? 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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V 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 Mitigation 1 9600 3 None 2 6400 1.5 None Total 16000 * Zone 1 extends out 30 feet perpendicular from near bank of cnanne4 ,one ,2 Wends an additional 20 feet from the edge of Zone 1. Page I I of 12 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_ Buffer mitigation is not required for this project 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. See Attached XU. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No M Is this an after-the-fact permit application? Yes ? No N 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). Page 12 of 12 (Agent's signature is valid only if an authorization letter from the appucant is provium.) N"M?CTIxG co Q002/002 r?liasi2oo3 14:30 PAZ 252 exs 4137 BAMMILL CO Novcrnber 5, 2003 Bwnhill Contracting Company 2311 N. Main StrOct P. O. Box 152.9 Tarboro, ETC 27886 Attn: Michael Taylor Re: Project No. S.1330510 BCC#29002 Wayne County, North Carolina Riparian Buffer Dear Mr. Taylor: 'Plus letter is to give pozrnission for you to act as our agent when applyita9 for 3 change to the Riparian Buffor rules on my project located adjacent to NC)DOT Project 9.1330510 in Wayne county, North Carolina. Sioccrely, Iph Nance ;7 - CI DL*,96,990T6 CI ie21 dTT:*o ED SO AOw • RECLAMATION PLAN BORROW PIT Project No: 8.1330510 Date: October 8.2003. County: Wayne Contractor: Barnhill Contracting Comvanv Address: 2311 North Main Street Tarboro NC 27886 Property Owner: Ralph Nance & Sons, Inc. Address: P.O. Box 374 Chadbourtt. NC 28431 1. Total acreage of proposed pit: 3.5 +/- acres (1.42 HA +/-) 2. Expected average depth of excavation: Variable 0 - 15'+1- (0-4.5 m 3. Present use of land: open field 4. Proposed use after reclamation: NONE DESIGNATED BY PROPERTY OWNER 5. Proposed sequence of excavation: Topsoil will be stri d and stockpiled as shown on the reclamation plan map. Barnhill Contracting Co. will then excavate material usin a backhoe and trucks. The material will be hauled from the it using the existing. soil 12 ath The total number of cubic yards required for use will be as determined by Barnhill Contracting ComRany. The feasibility of this site for use will be as determined by Barnhill ContractinCom an . 6. Is Corps of Engineers or CAMA approval required for this site? Any required approval must be obtained and furnished to the Resident Engineer prior to removal of any material from the site. No. 7. Is the site adjacent to any High Quality Water (HQW) as defined by the Department of Environment, Health., and Natural Resources? No if so, the design of all sediment control devices and buffer zones must meet the requirements of the Department of Environment, Health, and Natural Resources (DEH&NR). 8. Describe your intended plan for the reclamation and subsequent use of all affected lands; and. indicate the general methods to be used in reclaiming this land, including any stockpile areas, haul roads and ditches. Attach a map, which illustrates this plan, showing the location and design of all temporary.and permanent erosion and sediment control devices. All features must comply with the appropriate specifications and standards. Barnhill Contracton Com an will excavate the prop ert as shown on the attached sketch. Topsoil will be stried stock iled and re laced as shown on the attached sketch. Tem ora erosion control measures will be installed as shown on the reclamation in, Sta ed seeding on the it will be rformed as uired and will be performed in accordance with NCDOT Standard S ecifications and the attached seeding schedule. 9. State the method of reclaiming sediment and/or stilling basins: Tem ora erosion control devices will be installed to collect any sediment runoff which ma occur once area has been stripped Silt will be cleaned from silt ditches and silt basins as needed and will be resuread on the it. Reclamation 121a ma shows location of erosion control measures. 10. (a) Will excavation extend below the water table? yes i (b) Specify how dewatering during excavation will be accomplished. Include any proposed stilling basins on the map. Construction details and calculations must be approved on the map. Construction- details and calculations must be provided for stilling basins or Type A silt basins. As excavation extends below the water table water will be pumped from a floating siphon and discharged into a stilling basin. Water will be filtered through a rock dam nor to being released from the basin. As the basin fill with silt the silt will be removed and spread on the pit A rim ditch will be due to divert water to the pump. (c) If water is to be left in the pit after completion, state the estimated depth of permanent water. State how the information was obtained. The data should include the high and low water table depths. (Note: water table depths are available from the Soil Conservation Service) The estimated de th of water will be greater than four feet. During-drilling operations, water was found at 5'6' depth: 11. Describe the proposed schedule of permanent seeding and mulching. Include any proposed reforestation. . The it will be staged seeded and permanently seeded as re uired and. will be 12erformed in accordance with NCDOT Standard Specifications and the attached seeding schedule. 12. Signatures (a) Contractor 1 •-L t- I ' (Must be by a person who is autho (b) All Owners of Record Attachment: Site to sign Supplemental Agreements). Approved: Division of Highways Resident ngineer Selma Construction Approved as ted Date: 11 f esidem Engineer Date Exceptions: Initials of Exceptions: (a) Contractor: (b) Property Owner(s): ATTACHMENT NUMBER ONE (1) Sediment.Storage: Required: 3.5 AC X 1800 CF/AC Pr Rosed: Silt Ditches 1,300 LF X 3' Width X 2' Depth = Silt Basin 1 EA X 20' Length X ] 0' Width X 4' Depth Proposed Storage 6,300 CF 7,800 CF 800 CF 8,600 CF ' • ' • . i _ ... 8 5 09/24/02 y l of 13 1330510 8 'Project Special Provisions Wayne County . Erosion Control. And .Mulching: seeding (2B) The 'kinds of seed and fertilizer, and the rates of application of seed, fertilizer, and shall be as stated below. During periods of overlapping dates; the kind of seed limestone , to be used shall be determined by the Engineer. All rates are in pounds per acre (kilograms per hectare). All Roadway Areas March 1 - August 31 September 1 -,February 28 50# (SSkg) Tall Fescue 50# (55kg) Tall Fescue 5# (6kg) Centipede. .. 5# (6kg) Centipede.: 25# (28kg) Bermudagrass (hulled). 35# (40kg) Bermudagrass (unhulled) Fertilizer 500# (560kg). 500# (560kg) Fertilizer . .4000# (4500kg) Limestone 4000#.(4500kg) Limestone Waste and Borrow Locations January I - December 31 75#'(85kg)Tall Fescue 50# (55kg)Bahia ON (560kg)Fertilizer 4000# (4500kg)Limestone Approved Tall Fescue Cultivars: Adventure Adventure Il Amigo Anthem id Austin A Apache Apache II Brookstone Bonanza r Bonanza II Chapel Hill Chesapeake Chieftain Coronado Crossfire 11 Falcon II Debutante Duster Finelawn Petite Finelawn Falcon Finelawn I Genesis Grande Guardian Jaguar III Kentucky 3 Houndog. Jaguar 1 Kitty Hawk Monarch Montauk Mustang Pixie Olympic Pacer Pyramid Rebel Phoenix Rebel Jr. Rebel II Renegade Safari Shenandoah Tempo Titan Tomahawk Wolfpack V Trailblazer Tribute egas Wrangler 86 0984/02 2 of.) 3 and fill slopes 2:1 .or steeper add 30#. (35kg) Sericea Lespedeza January 1- On cut December 31. 'liter shall be'I-10-20-20 analysis. Upon written approval of the Engineer, the ff e Fer o analysis of fertilizer may be used provided the 1-2-2 ratio is maintain application adjusted to provide-the same amount of plant food as a 10-20 20 analysis. Temporary Seeding: and Fertilizer shall be the same analysis as specified for "Seeding and Mulco ds 55 k plied Fern at the rate of 400 pounds (450 kilograFland seeded mt the Mil?e? shall be used in summer hectare. ' Sweet Sudan Grass, German months and. Rye Grain during the remainder of the year: The Engineer will determine the exact dates for using each kind of seed. Fertilizer Topdressing: Fertilizer used for topdressing on all roadway areas shall be 10- applied at the rate of 500 pounds per acre (560 kg per hectare). Upon P the Engineer; a different analysis of feadjusted to o ide the same amount of plant food provide maintained and the rate of apphcaUon as 10-20-20 analysis. Fertilizer used for topdressing on waste and borrow areas shall e Upon approval be applied at the rate of 500 pounds per acre (560 kg per hectare)'. p .l ratio of the Engineer; a different analysis of fertilizer may be sedepr amount -1 plant food same maintained and the rate of application adjusted to provide as 16-8-8 analysis. Supplemental Seeding: The kinds of seed and proportions shall be the same as secifiused in the seed mix for Mulching", with the exception. that no centipede seed will be plemental seeding. The rate of application for supplemental seeding may vary from sup sup l 7 e per acre (28kg to 85kg per hectare). The actual rate per acre (hectare) will be 25# to 1 - determined by the Engineer prior to the time of topdressing and the Contractor will be notified in writing of the rate per acre (hectare; oal quantity consisting of a sod sea ch to apply the supplemental seed. Minimum tillage equipment, shall be used for incorporating seed into the soil as to prevent disturbance degree of slope pr existing the vegetation. A clodbuster (ball and. chain) may be used where use of a sod seeder. Mowing: The minimum mowing height on this project shall be 4 inches (100 mm). ' ? • Pike Crossi cis ", Crmsroads t? ? .. p • •~?17 / /; 3 _ ? ? ? t?:t7 ? ` ti CC MAIN K ? (: ? ' ?' V F2risr•? ?' r SIC ch 40 E _ ' I A,? ?.r c _ .?. Pad . . j ^ N CBiV Sandpit t 1 r I ._" / Goldsboro aT.M I" ram r?' • . : ' i? ?" ? / ,y ? ^- i ? _, ? re? i • ,?• o r- ? ? ^ - . ••.. ; ' L _ rd -Ill 4 70 . , \ ?' ?ArLt; jig 1--. ? ?: :?• . _ ? • , _ ^, ? ? \ r f ! ''•\ 90 ? ApSf N0? qp MiN 11\1' ;v'? ?''>? ' ?. q - r \ luR RD r 581 p Y L eN _ . /, . ewr Town ' / _. o .. )? 1. • _ _ \ ? ao _ 4:' 581 -??'- ! 1 r. e •'\: AYNESBO W '? Che F STATEP.ARK r CHERRY FARM Gol s o n GAME LAND . _ ° •_ t _ : •errs Mal ?. ,. 9 S. - Sew ' • • LAI hilr?? I G•y rp c4 C•L , _ 6 l•:• ?p O 1 . `•. \ '? . `Tr7 'Pa C , .i? ' r' /• . 'i ?. 13 ' r ? ` ` - 1 117 - ..,; •• ;: X. illA r ? e o EADIE dl i ey u 00 Z Ilk 16- 41 mi fit o 11 z mill 1 oo --?? k;? 1w u D+ ¦ ¦ ?+ d •.? of .. 3ww.w 0 H O O ?C auulA • i. 1 ?o 1 0 11 r O 11 ? Y I ?1 I ?o a I ? n I ? l 1 u 1 .6 ? W H ? a1 yp, Yy ? O I ?W H oa ww v Z ? `? ? N M w r o us v s AnvNc co ? ? M ? KK ?1 6 K a i?a?on n w .a wb «? n ?n v R J uy? C 8 s ` 9 6 q ? uY ?i p t 7 7 • ENVIRONMENTAL SERVICES, INC. 524 NEW HOPE ROAD RALEIGH. NORTH CAROLINA 27810 (918) 212-1780 IV 17 October 2003 OAT 2 O . Michael Taylor ' Barnhill Contracting Company PO Box 1529 Tarboro NC 27886 Re: Nance Borrow Pit, Wayne County, NC ER03-110 Dear Michael: Environmental Services, Inc., (ESI) appreciates the opportunity to offer you our services. At your request, we have' conducted an environmental investigation on an approximately 4-acre site located near US Highway 70 in the. City of Goldsboro, Wayne County, North Carolina. This letter serves as the deliverable for this project. The project study area consists of a successional field located west of and adjacent to the project right-of-way. It is our understanding that the proposed borrow pit will. be accessed through the project right-of-way. The proposed borrow: pit was reviewed on 13 October 2003 by ESl biologist Jan Gay. Mr. Gay is a Senior Scientist with a MS Degree in Ecological Classification and more than 11 years of professional experience. Prior to the initiation of field efforts, available resources were reviewed, including U.S. Geological Survey (USGS) 7.5-minute topographic quadrangles, National Wetland 'Inventory quadrangles, and available Natural Resource Conservation Service (NRCS) soils mapping: Jurisdictional Evaluation The proposed borrow pit was evaluated for the presence of jurisdictional wetland areas using the three parameter approach (hydric soils; hydrophytic vegetation, and evidence of jurisdictional hydrology) as outlined by the U.S. Army Corps of Engineers (COE). Based on this approach, there are no jurisdictional wetland areas within the proposed borrow pit. Vegetation within the project study area was not strongly hydrophytic and consisted of persimmon (Diospyros virginiana), sweetgum (Liquidambar styraciflua), dog fennel (Eupatorium capillifolium); goldenrod (Solidago sp.), Japanese honeysuckle (Lonicera japonica), winged sumac (Rhus copallini*), blackberry (Rubus sp.), Japanese clover (Lespedeza sp.), and yellow jessamine (Gelsemium sempervirens).. Soils within the proposed. borrow pit did not. exhibit hydric characteristics (Munsell color 2.5Y 4/3). No evidence of jurisdictional hydrology was noted within 12 inches of the soil surface. ENVIRONMENTAL SERVICES, INC. Mr. Taylor 17 October 2003 Page.2 of 3 No jurisdictional streams or surface waters were found with the project study area. An open water feature is located northeast of the proposed borrow. pit, outside of the borrow pit boundaries. and a jurisdictional wetland feature is present west of the proposed borrow pit. The jurisdictional wetland feature is bordered by construction waste material, including large fragments of concrete, which did not allow for safe access to the wetland for data collection. It is our understanding that no borrow activities will take place within 50 feet of the open water feature or within 25 feet of the jurisdictional wetland. All buffers on jurisdictional areas will be determined by the District Engineer. Neu se River Riparian Buffer Rules The proposed borrow pit is located within the Neuse River Drainage Basin. The Neuse River Riparian Rules place limits on activities that occur within 50 feet of any feature depicted as a stream or open water feature on the most current of either the USGS topographic quadrangle or NRCS soils mapping. The identified surface water feature is mapped on both USGS and NRCS mapping. The Buffer Rules apply to this feature. It is our understanding that no borrow activities are currently scheduled to occur within 50 feet of this feature, The possibility of Buffer mitigation associated with creation of the borrow pit area may be explored more fully with the NCDOT District Engineer. Threatened and Endangered Species Review ESI evaluated the project study area for potential habitat for federally listed Threatened (T) or Endangered (E) species known to occur in Wayne County. The U.S. Fish and Wildlife Service (USFWS) lists one species offered federal protection with a range considered to extend into Wayne County (list date 29 January 2003), red cockaded-woodpecker (Picoides borealis). Records held by the North Carolina Natural Heritage Program (NHP) : were reviewed to determine if this species has been previously documented within the project vicinity (review date 13 October 2003). Red-cockaded woodpecker (E) typically have nest cavities . that are constructed in the heartwood of living pines, generally older than 60 years, that have been infected with red-heart disease. Primary habitat consists of mature to over-mature southern pine forests dominated by .loblolly (Pinus taeda), longleaf (P. palustris), slash (P. ellioti), and pond (P. serotina) pines. NHP records indicate no documented occurrences of this species within 3.0 miles of the proposed borrow pit. Potential habitat for this species is not present within the project study area. Biological Conclusion: No Effect Summa No jurisdictional wetlands or stream channels are present within the proposed borrow pit or within 50 feet of the proposed borrow. pit boundaries. One jurisdictional surface water feature is located to the northeast of the proposed borrow pit, outside of the proposed borrow pit boundaries. The Neuse River Riparian Buffer Rules are applicable to the proposed borrow pit. Potential habitat for red-cockaded woodpeckers is not present within the project study area. ENVIRONMENTAL SERVICES, INC. Mr. Taylor 17 October 2003 Page 3of3 Environmental Services, Inc. appreciates the opportunity to offer you our services. We look forward to working with you on future projects. If you have any questions or comments, or need any additional information, please feel free to contact me at (919) 212-1760. Sincerely, ENVI M SERVICES, INC. .Senior Scientist Attached:. Location Map, Soils Map, COE Routine Wetland Data Forms SOILS MAP UNIT NAME (Series and Phase): Mapped as Johns sandy loam TAXONOMY (SUBGROUP): Aquic Heludults Depth (inches) Lion 0-10" IQ-1 s" DRAINAGE CLASS: somewhat poor FIELD OBSERVATIONS: Confirm Mapped Type? -' Yes No PROFILE DESCRIPTION Matrix Color Mottle Color Mottle. Texture, Concretions, (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 2.5Y 4/3 loamy sand I OYR6/3 loamy sand HYDRIC SOIL INDICATORS: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Reducing Conditions ? Aquic Moisture Regime ? Sulfidic Odor Remarks: The hydric soil criterion has not been met. WETLAND DETERMINATION ydrophytic Vegetation Present? ? Yes 0 No n No Wetland Hydrology Present? ? Yes dric Soil Present? ? Yes El No marks: Data point is not jurisdictional. ? Organic Streaking in Sandy Soils ? Listing on National Hydric Soils List ? Listed on State or Local Hydric Soils List ? Gleyed or Low Chroma ? Color ? Other (Explain in Remarks) Is this Sampling Point Within a Wetland? ? Yes 21 No lip -4 ff dw 4F f 41r o zoo .oo ??-?• soo FNt Source: USGS Digital Raster Graphics, North west Goldsboro Quadrangle (1976) Figure: 1 Location Map Environmental Nance Borrow Pit Project: ER03-110 Services, Inc. Goldsboro, Wayne County, North Carolina Date: Oct 2003 1U/J-1/LUUd 11:VO rae cur. 04.0 vtOr ura,u.u,+.a. .,....?,..,.,...,.. .. SBORRQW PIT/WASTE AREA INFORMATION FORM FOR :5TA3'E HISTORIC MSERVATION OFFICE REVIEW Please Print or'iypc i Coun? Wayne Pit Name Ralph-Nonce 6 _ Soap Acreage 4 Ac v . j Highway Project No. and Deeoriptaerr 9.13305t0a VS-117 Hq_pase @ US-7C1 Contmetar Barnhill contracting Compare ER -Pkl. luy CompmW and Contact Name P. o. Box 1529 Street Address or P.O. Box Tarboro, 15C 27866 Town, State, Vp Code 252-823-1021 1152-021-011Z Telephone/Fox Numbers xa/812o03 Date Submitted ARCETrECTU37AL RESOURCES 3. Are there any buildings or structures on the project site? (Include abandoned-barns, farmhouses, tobacco shads, bridges, et('-) No 2. If yes, submit one set of photographs of any structures which appear to have been built befom world War U (Polaroid-type snvLpvhvts am okay). Photos ahould show the front and one side of etrueture and area behind structure. . ARCHAEOLOGICAL RESOURCE 1. Present and previous land uses of the proposed borrow area. Grown Up Farmland 2. What kind of site preparation, if any, has taken place on the project site? None 3_ Have any artifacts (arrowheads, pottery, etc.) been found on the site? 4. Are any marked or unwjwked cemeteries located within the proposed pit etoa7 No 5. Has the area been surveyed by an arcbatologist? If yes, give the name of the archaeologist and the dale of the aurmy, if know. loo Please attach a copy ora map showing the exact location of the proposed borrow pit/waste arm&. A portion of ala Idenil.ried UGG8 quad Sheet Is preferred and will etteure tilnely review of your project. submit the completed farm and trap tb: Rance Gledhill-Earley, Environmental Review Cootdilnator, State Historic Preservation 02aae, 4619 Wing SeMee Center, Raleigh, tic 27699.4617 (telophone 929/733-4763). #,*,Allow at least two wools for our review and com>aent- _ We have no comment on the project as proposed. Additional iinfomation is needed to complete our revricw. An arthaeologjcW survey is recommended. j * /V - I i Signed: Date: I Renee Gledhill-Earley May 2CO 1 j Tan CrJ hki J ["T'1.?7d7r?Tr kIM T I L,n J_'7['711? --. * 1V'. c t u -. u nL . T T r+nr'a? 'T1- iAT Impact Justification (Avoidance and Minimization) The proposed project includes extending a borrow pit for the US 117 project north and tie into an existing water body. The extension of the pit will result in an increase of 8,000 to 10,000 cubic yards of material. By removing material from this area, the need for additional material from different sites within the watershed will be lowered. The existing riparian edge is approximately 260 feet in length and is vegetated with a narrow fringe of trees ranging from 5 to 10 feet in width with the remaining areas vegetated by weedy species. The current buffer does not contain many deep-rooted species, and offers limited riparian buffer function. The borrow site will create approximately 400 feet of additional buffer edge. As part of this project, the riparian buffer along the western edge will be planted with seedlings of tree species. This will result in a net increase in buffer area as well as function. No planted buffers are currently required adjacent to the proposed borrow site. By tying into the existing water body, the borrow site becomes subject to the Neuse Buffer rules. OF wATFR ?O? QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director > =1 Division of Water Quality f3 Coleen H. Sullins, Deputy Director Division of Water Quality June 9, 2004 DWQ No. 040546 Wayne County Mr. Ralph Nance PO Box 374 Chadbourn, NC 28431 Re: Wayne County, Expansion of an existing borrow pit for US 117 Goldsboro to Wilson (TIP R-1030), Little River [27-57; WS II HQW CA] APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Dr. Thorpe, You have our approval, in accordance with the attached conditions, to impact 9600 square feet of protected riparian buffers in Zone 1, and 6400 square feet of protected riparian buffers in Zone 2 for the purpose of expanding an existing borrow pit on the property in Wayne County. The project shall be constructed according to your application dated April 6, 2004 and any conditions listed below. This approval shall act'As your Authorization Certificate as required within the Neuse River Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control. This authorization supercedes the previous authorization issued on May 11, 2004. This approval is only valid for the purpose and design that you described in your application dated November 17, 2003. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. _ ? All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. ? During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. ? The post-construction removal of any temporary impacts will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is also required. ? Riparian vegetation must be reestablished around the entire new borrow pit by the end of the growing season following completion of construction. ? 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. ? Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1 anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 LO NlAT Michael F. Easley, Governor ?Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director y Division of Water Quality Coleen H. Sullins, Deputy Director r Division of Water Quality ? All protected 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 upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask fora hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This authorization 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 the "No Practical Alternatives" determination required in 15A NCAC 2B .0233(8). If you have any questions, please contact John Hennessy at 9.19-733-5694. Sincerely, Alan W. Klimek';, P.E. Director cc: US Army Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files Jan Gay, Environmental Services, Inc., 524 S. New Hope Rd, Raleigh, NC 27610 C:\ncdot\TiP Nance Borrow Pit\wgc\040546 buffer authorization 02.doc N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 ENVIRONMENTAL SERVICES, INC. 524 South New Hope Road Raleigh, North Carolina 27610 919-212-1760 / Facsimile 919-212-1707 www.esinc.cc )NETLANDS 1401 GROUP MEMORANDUM YIAY 2 7 2004 LATE UALIT,3 SECTION TO: John Hennessy, DWQ FROM: Jan Gay Z4?? DATE: 27 May 2004 RE: Nance Pit Buffers, DWQ Number 040546 In a letter dated 11 May 2004, DWQ approved impacts to the Neuse Riparian Buffers associated with a borrow pit expansion in Wayne County, North Carolina. The letter further stated that client actively chose to mitigate the impacts through an in lieu payment to WRP. There are some points outlined in Authorization Certificate which do not seem consistent with our submittal. Based on our conversations prior to submission, it is my understanding this project would be considered an Allowable use. It appears to be considered Allowable with Mitigation. We understand that any changes in the conditions set forth require an adjudicatory hearing. Prior to requesting the hearing we would like to discuss the submittal. I am available at your convenience to discuss the submittal. + 40 WE- G. Wes Jr., Secrftry ad el Nonh carding Dopartmont of Errvtrcinmont and Natural Resources y Alan W. Klhnok. P.E. Director } .i 10MR100 of Wator Quality A .? Coteau M, Seems, Deputy Director Divi5lon of water Quarty May 11, 2004 DWQ No. 040346 wayno County Mr, Ralph Nance PO Box 374 C:hadbo urn. NC 29431 Re: wuyno County, lsxpansion of an existing bom,w pit for tJS 117 Cmidstsoro t<) Wilmon (I'IP R-1030). Little River 127- 57; WS it HQW CN APPROVAL ofNEU5le. RIVER IIIIJrrETC RULKS AUTIIORI'LATION CERTIFICATE with APDMONAI„ CONDITIONS rkAr Dr. Ttrorpc, You have our approval. its accurdanee with the attached i xintlltionx, to impact 9600 square foeet of protected riparian buffers in %ono 1. and 640D square feet of protected riparian buffers in Zone 2 fur the purpotic of expanding an existing harrow pit tin the property in Wayne County. The project chaff he constructed according us your application dated April 6, 2004 and any etmditions listed below. This approval shall act as your Authorization Certificate as required within the Name River Area protection Rules (I SA NCAC: 2B .0233). In addition, you should get any other required federal, state or Itx;al fxxrnitK beforo you go ahead with your project including (but nut limited to) Scdinwznt and Fxositn Control. This approval is only valid for the purpose and [design that you described in your application dated Novombcr 17, 2003. If you change your Project, you mum notify us and you may be required to rend u.q a new application. If the property is sold, the now owner must bo `iven a copy of this authorizatitm and ;tpprnval letter and ix thereby responsible for complying with all conditions. IW thix approval to be valid, you muf;t lbilow the cnnditiortr listen below. a All stormwater runolT rtlsull be directed to sly.-ctf7tsw through xt znm buffm at noncrt>sive vokwitics. unless approved otherwi.,ze ny this certification. CI During the construction of the project, no Hinging of equipment of any kind is permitted in waters of the U.S., or protected riparian buf'forc. ? The ptxstt:unstructicm removal of arty temporary impacts will n=4 to return the projewt rite to its preconstruction contours and clevatitins. The revegctation of the impactc;d areas with appropriate native %pecies is alAo required. U Riparian vcgcwtion must loo rc=AAblished around the entire now hnffow pit by the end of the growing season following completion of construction. d All meehanizod equipment operated now surface water. must be regularly inxp wled and maintained to prevent contamination of sto cam waters from fuels, lubricants, hydraulic fluids, or other toxic materiliN. U pursuant to NCACI5A 2B_0233(6), sediment and cnosiuft control dcvice-s shall not be placed in 7Ane I of any Ncuµw nuf'fet withoot prior approval by the NCDWQ_ At this time, the NCDWQ hats appmvcd not sediment and erosion control devices in 7xino l anywhere on this pri, ject. Moreover. sediment and erosion control devices shall he allowed in Zonc '3 of the buff" pmvidcd that ;Gone 1 i5 not compromim d and that dixcharge is rolans d w; diffuse flow. E Q M N. c. Division of water Otudity 1650 Malt Service Center Raleigh. NC 2M99-1650 (019) 733-1785 CusWrner Senrloo: I WO 628-7Y48 01-irS*59016 a[ IQN d9itZi *0 02 ReW ZO 39bd 0608Hdl T1IHN8C13 LEZOEZSZSZ i5:bT b00Z/ZZ/50 ?pF WA r?,Q p MIChaat F easloy. ckwem" wmiarn e3. Ran Jr., Sel3n aiy b G North Carotlrta Dopmlment of Envhonment and NaWmA Rbmoun:oa y 7Atari W. Ktimak, P.L. Dirwtor -,! Owfakx, V1 Water Quality G1 Y Coloon H. Suttins, Dopulyr arnCtor Pivision of Water Quatiiy U 01'the total 16.001) square f"t Of irtiptud to protected riparian buffers, compc-nsaltwy mitigation for impacts; to IW W syctarc feat e?f Neusc Riparian Buffers shall be provided for as rlo-rcribcd below. 7A1ny of )Il9 iiWis - Replim elm ent Total S'4st Impact _ (Sgiuure Fact) Ratio Mrrt' allots lone 1 4.6(10 3:1 28. Zone 2 6AX1 13:1 9 't'otal 1620041 O are Feet of Rcfiulrni taxi ><xl 4W We understand that you have chosen to perform compensatory mik.llion for impacts U) prole ctexl buffibm through an In lieu payment to the North C un)lina Watlantl Restoration Frograin (NLWRP). and that the WRP has agreed co implcmcnt the mitigation for the project. Mitigation for unavoidable impactx to Neusc Riparian Buffers shall he providod through an in-lieu payment to the North Carolina Wctlandx Restoration Nn?prarn (N('WKI') at a rata of $0.96 per acre for 3,1%,4(l) squaw foot or buffer impact. Theruli-,rL,. a total p:tyincnt ol'$36.864 shall be subatitt«1 k> the N("WRIr to QVwt the impacts. No construction aetivitiex in Ncuse River Riparian buffers shall begin until paymcut for bulTcr mitigation is made and the Wetland Restoration Program roeceive4 and cleare your check (made payable to DENR - Welland Reston ttiun Yrttgram), 't'he payment to NCWRF shall be sent within two months of i%Kuancc of the 4(14 lxrmit. if you havc any questions concerning the Wctland Restoration Program please conlc?c:t t1A4tn at 419-733-5208. All prxAccled riparian bul9ers impacted by the place rnant of temporary fill or cloaring activities shall be restonxi to tho precorextruc:tion contours and revegctated with native womly species upon completion of the project construction, A ptnsi-cunedruclion :w-built with the restotatinn activities inchided shall be submitted to the DWQ no later than 60 day. after the pn?jcc:t is closes! out by the Department of Tanttportaticxi. Zf you do mot accept any of the conditions. of this authorization, yrur may ask for an adjudicawry hearing. Ycm must act within 60 datyn of the date that you receive, thin lattor. To aak for a hearing..end a written petition, which conforms to Chapter 15011 of the North Carolina General Statute: to the Office of Adminixtrative Ile iringn, P.O.13e?x 27447, Raleigh. N.C. 27611-7417. This autherivatiots and its c-anditians are fins) and hinging unless you ask for a hearing. This letter completes the reviow of the Division of Water Quality under the "No Practical Alternatives- determination required in 15A NCAC 213 .023:1(8). if ynia havc any qucsyions. please contact John ilenncssy at 919-73.1-,5694. Sit14?41y, I Alan W. Klimek, P?a-? Director cc: [JS Array Corps of Lnginem Raleigh Field OITcc VWQ Raleigh Kegional Office Ftlc Copy Central Filcr. C`lneeWfiv Nance: Borrow 15t%wgs;XWWP buffer auduartintim.dw N. C. Division of water Qu#lCity 1 &W Mai Sorvico C.cnwr Cuatornor SoMm, I WO 62377x8 ?•d ozrs?s9ais 60 39dd MUSdtil -nIHNHVH Raleigh, NO 27elW1 MO (919) 793-1786 dIWN dsi ti3i *0 OZ Row LEZ0EZ8Z5Z ZS:bi 1700Z/iZ/50 a May 11, 2004 DWQ No. 040546 Wayne County Mr. Ralph Nance PO Box 374 Chadbourn, NC 28431 Re: Wayne County, Expansion of an existing borrow pit for US 117 Goldsboro to Wilson (TIP R-1030), Little River [27-57; WS II HQW CA] APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Dr. Thorpe, You have our approval, in accordance with the attached conditions, to impact 9600 square feet of protected riparian buffers in Zone 1, and 6400 square feet of protected riparian buffers`in Zone 2 for the purpose of expanding an existing borrow pit on the property in Wayne County. The project shall be constructed according to your application dated April 6, 2004 and any conditions listed below. This approval shall act as your Authorization Certificate as required within the Neuse River Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control. This approval is only valid for the purpose and design that you described in your application dated November 17, 2003. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. ? All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. ? During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. ? The post-construction removal of any temporary impacts will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is also required. ? Riparian vegetation must be reestablished around the entire new borrow pit by the end of the growing season following completion of construction. ? 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. ? Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1 anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources L Alan W. Klimek, P.E. Director Division of Water Quality .? Coleen H. Sullins, Deputy Director Division of Water Quality ;Wti a R) Michael F. Easley, Governor William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director y Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Qualit r y ? Of the total 16,000 square feet of impact to protected riparian buffers, compensatory mitigation for impacts to 16,000 square feet of Neuse Riparian Buffers shall be provided for as described below. Zone of Impact Impacts (Square Feet) Replacement Ratio Total Square Feet of Mitigation Required Zone 1 9,600 3:1 28,800 Zone 2 6,400 1.5:1 9,600 Total 16,000 38,400 We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that the WRP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided through an in-lieu payment to the North Carolina Wetlands Restoration Program (NCWRP) at a rate of $0.96 per acre for 38,400 square feet of buffer impact. Therefore, a total payment of $36,864 shall be submitted to the NCWRP to offset the impacts. No construction activities in Neuse River Riparian buffers shall begin until payment for buffer mitigation is made and the Wetland Restoration Program receives and clears your check (made payable to DENR - Wetland Restoration Program). The payment to NCWRP shall be sent within two months of issuance of the 404 permit. If you have any questions concerning the Wetland Restoration Program please contact them at 919-733-5208. ? All protected 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 upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. If you do not accept any of the conditions of this authorization, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This authorization 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 the "No Practical Alternatives" determination required in 15A NCAC 2B .0233(8). If you have any questions, please contact John Hennessy at 919-733-5694. Sing rely, Alan W. Klimek, P.E. Director cc: US Army Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files C:\ncdot\TIP Nance Borrow Pit\wqc\040546 buffer authorization.doc N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 ENVIRONMENTAL SERVICES, INC. 524 South New Hope Road Raleigh, North Carolina 27610 919-212-1760 / Facsimile 919-212-1707 www.esinc.cc 040546 MEMORANDUM TO: John Hennessey, NCDWQ FROM: Jan Ga n i q/0? DATE: 6 April 2004 RE: Nance Borrow Pit PCN "L NDS NOI GROUP APR 0 6 2004 WATER QUALITY SECTION Attached are 7 copies of the Pre-Construction Notification for a proposed buffer impact to the Nance Borrow pit, located in Wayne County. If you have any questions or comments, or need any additional information, please let me know. ¦ BARNHILL CONTRACTING COMPANY 2311 North Main Street P.O. Box 1529 Tarboro, North Carolina 27886 252-823-1021 Fax: 252-823-0137 www.barnhilicontracting.com March 18, 2004 WETLANDS 1401 GROUP APR 0 0 2004 Division of Water Quality 401/Wetland Unit 1650 Mail Service Center Raleigh, NC 27699-1650 WATER QUALITY SEC-nON Re: Project No. 8.1330510 BCC#29002 Wayne County, N.C. Buffer Rules Appplication Gentlemen: We are submitting herewith for approval in writing seven (7) copies of Application and Reclamation Plan as our application for Buffer Rule Impacts on Ralph Nance Property in Goldsboro, North Carolina. If you have any questions or need any additional information, please advise. Yours very truly, MGT/db BARNHILL CONTRACTING COMPANY U-?L Michael G. Wor Engineer/Estimator Enclosure r Impact Justification (Avoidance and Minimization) The proposed project includes extending a borrow pit for the US 117 project north and tie into an existing water body. The extension of the pit will result in an increase of 8,000 to 10,000 cubic yards of material. By removing material from this area, the need for additional material from different sites within the watershed will be lowered. The existing riparian edge is approximately 260 feet in length and is vegetated with a narrow fringe of trees ranging from 5 to 10 feet in width with the remaining areas vegetated by weedy species. The current buffer does not contain many deep-rooted species, and offers limited riparian buffer function. The borrow site will create approximately 400 feet of additional buffer edge. As part of this project, the riparian buffer along the western edge will be planted with seedlings of tree species. This will result in a net increase in buffer area as well as function. No planted buffers are currently required adjacent to the proposed borrow site. By tying into the existing water body, the borrow site becomes subject to the Neuse Buffer rules.