20050897 Ver 1_Complete File_20050526

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?W A TF,
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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 ouality
May 26, 2005
Durham County
DWQ Project No. 050897
APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
secondary road improvements on SR 1723 (Lakeside Drive) in Durham County.
Impact Locations Stream Impacts -Permanent Fill Riparian Buffer impacts (Square Feet)
?Llllvua ? ??/
!Site 1 5 1,478 Zone 1 + 959 Zone
ite 2 0 2,007 (1,117 Zone 1 + 830 Zone 2)
Site 3 0 1,977 (1,496 Zone 1 + 481 Zone 2)
The project shall be constructed in accordance with your application dated received May 23, 2005. After reviewing
your application, we have decided that the stream impacts and riparian buffer impacts described are covered by
General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14
issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 213
.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water
Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ 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 remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
forma and return itlto tthe Certification has been completed.
Un t of the Divis on ofe
Completion Formshall complete DWQe when
responsible party p
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
One
riparian buffers.
Npr hCaro ina
Xturallb
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htt://h2o.enr.state.nc.us/ncwetlands
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) 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 depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) 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.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
11.) 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.
12.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
13.) If the above condition (#12) is unable to be met, due to bedrock or other limiting features, encountered during
construction, please discontinue activities and contact the NCDWQ for directions on how to proceed.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) 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.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
hall 19.) All riparian buffers impacted by the Plted with native woody spec eslupongomplet onsof the proje?t d to the
preconstruction contours and reveg
construction. A post-construction as-built with the restoration activities included shall be submitted tot 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 receive this
letter, ask for a hearing, send a written petition that conforms
act within 60 days of the date that you nistr
ox 27 to Chapter 150B of the North Carolina G General andSttutes to the ats conditions are fina and binding unlessryousaskOfora hear?ng.
Raleigh, N.C. 27611-7447. This certification
This letter completes the review of the Division reen at ter Quality Oder Section 401 of the Clean Water Act. If you
have any questions, please contact Christina Sin rel ,
yyt,
A n W. Klimek, P.E.
JEH/cmb
Attachment
cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Chris Murray, Division 5 Environmental officer, 2612 N. Duke Street, Durham, NC 27704
NC DWQ Raleigh Regional Office
Central Files
File Copy
c:\Correspondencc\20050therProj ects\D W Q05 0897\052605 wqc. doc
d,w STAT[ o ? ?0
M,A ,,? ? qy lL,
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPH'T
GOVERNOR SECRETARY
May 19, 2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609 0 5 0 8 9 7
Attention: Mr. Eric Alsmcyer
NCDOT Coordinator
Subject: Secondary road improvements to SR 1723 (Lakeside Drive) from SR 1640
(Goodwin Road) to end of maintenance in Durham County. WBS element
5C.032052
The North Carolina Department of Transportation (NCDOT) proposes to upgrade and
pave SR 1723 (Lakeside Drive) from SR 1640 (Goodwin Road) to end of maintenance in
Durham County (Figures 1-5). Total project length is 0.23 miles. Transportation and
highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and
136-44.9) require the NCDOT to develop annual work programs for construction and
maintenance of secondary roads. These general statutes specifically set forth
requirements for annual construction and paving of existing unpaved roads. Paving of
these roads is performed in priority order as established by the NCDOT for each unpaved
road within a given county. This number is based on characteristics of each road,
including number of homes, schools, churches, businesses, industries, recreational
facilities, traffic counts, presence of school bus routes, and value as a thoroughfare.
SR 1723 is scheduled to be paved as part of the Secondary Roads Construction Program.
Impacts to Waters of the United States
Site 1 -- Waters of US
Construction at this site will have NO impacts to the unnamed intermittent tributary to
Cabin Creek [NCDENR-DWQ Index No. 27-2-21-7, Best Usage Classification WS-IV
NSW; HUC 03020201] (Figure 3) in the Neuse River Basin. The existing structure at this
site will not be altered.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2
Site 2 - Waters of US
Construction at this site will have NO impacts to the unnamed intermittent tributary to
Cabin Creek [NCDENR-DWQ Index No. 27-2-21-7, Best Usage Classification WS-IV
NSW; HUC 03020201 ] (Figure 4) in the Neuse River Basin. The existing structure at this
site will not be altered.
Site 3 - Waters of US
Construction at this site will have minor impacts to the unnamed intermittent tributary to
Cabin Creek [NCDENR-DWQ Index No. 27-2-21-7, Best Usage Classification WS-IV
NSW; HUC 03020201] (Figure 5) in the Neuse River Basin. The existing concrete
structure at this site has separated joints on the outlet end (Photographs 1). This has
resulted in a loss of material and a failed shoulder. NCDOT proposes to excavate these
joints, reset them, and stabilize the structure with 5 feet of riprap along the outlet of the
reset joints. This activity will not require dewatering of the site and will not result in
additional fill.within this creek and adjacent lake.
Riparian Buffer Impacts
Site 1 - Buffers
The construction at this site involves a road crossing of a stream that is subject to the
Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Cabin Creek at Site 1
is not depicted on the most recent version of the Northwest Durham (1973/1987)
topographic quadrangle (Figure 1) but is depicted on the Soil Survey of Durham County
(USDA-SCS, 1971) (Figure 2). Erosion and sediment control devices along the project
are comprised of temporary rock silt checks, temporary silt basins, and temporary silt
fence. The NCDOT proposes to install temporary erosion and sediment control devices in
Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once
the vegetation has been established and then seeded with a seed mixture of fescue and
bahia grass. Please note that the placement of these structures are within the 60 right-of-
way width and their associated impacts are included within the site total of 1,478 ft2 in
Zone 1 and 959 tt'` in Zone 2 (totaling 24 linear feet of riparian buffer impacts). Based on the
impacts to the riparian buffer at this site, this crossing is EXEMPT.
Site 2 - Buffers
The construction at this site involves a road crossing of a stream that is subject to the
Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Cabin Creek at Site 1
is depicted on the most recent version of the Northwest Durham (1973/1987) topographic
quadrangle (Figure 1) as well as on the Soil Survey of Durham County (USDA-SCS,
1971) (Figure 2). Erosion and sediment control devices along the project are comprised
of temporary rock silt checks, temporary silt basins, and temporary silt fence. The
NCDOT proposes to install temporary erosion and sediment control devices in Zone 1
and Zone 2 of the riparian buffer. The temporary structures will be removed once the
vegetation has been established and then seeded with a seed mixture of fescue and bahia
grass. Please note that the placement of these structures are within the 60 right-of-way
width and their associated impacts are included within the site total of 1,177 ft' in Zone 1
and 830 ft' in Zone 2 (totaling 24 linear feet of riparian buffer impacts). Based on the impacts
to the riparian buffer at this site, this crossing is EXEMPT.
It
3
Site _3 - Buffers
The construction at this site involves a road crossing of a stream that is subject to the
Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Cabin Creek at Site 1
is depicted on the most recent version of the Northwest Durham (1973/1987) topographic
quadrangle (Figure 1) as well as on the Soil Survey of Durham County (USDA-SCS,
1971) (Figure 2). Erosion and sediment control devices along the project are comprised
of temporary rock silt checks, temporary silt basins, and temporary silt fence. The
NCDOT proposes to install temporary erosion and sediment control devices in Zone 1
and Zone 2 of the riparian buffer. The temporary structures will be removed once the
vegetation has been established and then seeded with a seed mixture of fescue and bahia
grass. Please note that the placement of these structures are within the 60 right-of=way
width and their associated impacts are included within the site total of 1,496 ft- in Zone 1
and 481 ftz in Zone 2 (totaling 24 linear feet of riparian buffer impacts). Based on the impacts
to the riparian buffer at this site, this crossing is EXEMPT.
Waters of the U.S./Riparian Buffer Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. Strict enforcement of sedimentation and erosion control Best Management Practices
for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to these sites.
Compensatory Mitigation: Construction of the project will result in only minimal impacts
to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and riparian buffer impacts will not be provided for
this project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of January 29, 2003, there are three federally protected species
listed for Durham County. They include bald eagle (Haliaeeti.ts leucocephalus), smooth
coneflower (Lchinacea lacvigata), and Michaux's sumac (Rhus n ichauxii). Lakeside
Drive is not adjacent to open water suitable of supporting foraging habitat for the bald
eagle. The roadway shoulders along Lakeside Drive are regularly maintained from the
gravel to the woods line, eliminating the possibility for smooth coneflower or Michaux's
sumac to exist in this area. Additionally, a review of the Natural Heritage Program
database (last updated April 2005) revealed no occurrences of protected species within
the project area. Therefore, based on lack of suitable habitat observed during the 03/15/05
site visit and the NHP database review, biological conclusions of No Effect have been
rendered for each of these species.
Historical Compliance
This project has been screened by all pertinent parties to ensure historic compliance.
Summary
NCDOT proposes to upgrade and pave SR 1723 (Lakeside Drive) in Durham County.
Rip rap armoring of reset joints and buffer impacts along the upgraded roadway are the
only permanent impacts proposed for this project. Due to minimal impacts, compensatory
mitigation for stream and riparian buffer impacts will not be provided for this project.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 14, NCDENR-DWQ Section 401 Water Quality Certification (WQC) No.
3404, and riparian buffer authorization for above-described activities. An automated
payment procedure has been implemented between the NCDOT and NCDWQ. This
procedure will enable the Division to apply for the 401 WQC without submitting a check
for this permit application. This procedure will provide payment to the NCDWQ by
charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS
element 5C.032052. A pre-construction notification is attached with this request. If you
have any questions or need additional information, please contact Ms. Heather Montague
at [phone].
Sincerely,
on G. Nance, P.E.
Division Engineer
cc: Ms. Nicole Thomson, NCDWQ
Mr. Battle Whitley, P.E., NCDOT
Ms. Tasha Johnson, P.E., NCDOT
Ms. Katie Simmons, NCDOT

Photograph 1. View of failed shoulder above separated joints.
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Office Use Only: O 5 O 6 A ,`born Version March 05
USACE Action ID No. DWQ No. vu 7
(if any particular item is not applicable to this project, 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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
11. Applicant Information
Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNanceC&,dot.state. nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Natne:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Pagel of 9
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: Upgrading and paving SR 1723 (Lakeside Drive) in Durham County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Durham take Hwy
501 North From the Eno River crossing, continue on Hwy 501 for approximately 1.5 miles
and make a right onto SR 1640 (Goodwin Road) - which is across from Northern Durham
High School Travel onto Goodwin Road for approximately 1.3 miles then make a rZht
onto SR 1723 (Lakeside Drive).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
Site 1: 36.0926 °N 78.8899 "W
Site 2: 36.0917 "N 78.8905 °W
Site 3: 36.0911 "N 78.8911 °W
6. Property size (acres): 1 2 acre 0 23 mi)
7. Name of nearest receiving body of water: UT Cabin Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps -)
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is surrounded by wooded areas and agricultural land.
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain pave and erosion control at SR 1723 (Lakeside Drive). Reset last Lints at endlet end
of concrete pipe at Site 3 crossing Equipment may include excavator, backhoe bulldozer,
grader, and crane
11. Explain the purpose of the proposed work: The project is part of the 2004-2005 secondary
road paving program The existing gravel roadway will be paved with asphalt.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs 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.
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Provide a written description of the proposed impacts: See cover letter for a thorouigh
description of the proposed impacts at each site.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet
N/A
Total Wetland Impact (acres) N/A
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent'?
? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Site I UT, Cabin Creek Fill (piped length) Perennial 2 ft 0 0
Rip rap armoring 5 N/A
along stream bank
Temporary 0 0
dewatering
Total Stream Impact (by length and acreage) 5 N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

N/A

'T'otal Open Water Impact (acres) N/A
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) NONE
Total Stream Impact (linear feet): 5
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6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
N/A
7. 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.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. All wetlands and surface
waters not affected by construction will be protected from unnecessary encroachment during
construction. Strict enforcement of Best Management Practices for the protection of wetlands
and surface waters will be enforced during construction. Only the smallest amount of fill
necessary to complete the project will be placed in waters of the United States or protected
riparian buffers
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 5 of 9
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetIands/strmgide.litm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to detennine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://li2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 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 (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)'?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neusc), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Cite 1
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,478 3 (2 for Catawba) N/A
2 959 1.5 N/A
Total 2,437 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of "Zone I.
Site 2
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,177 3 (2 for Catawba) N/A
2 830 1.5 N/A
Total 2,007 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Site 3
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,496 3 (2 for Catawba) N/A
2 481 1.5 N/A
Total 1,977 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing: 0.6 acre impervious surface (20 foot
wide gravel road) of 1.2 acre (0.23 mi) total project size. Proposed: 0.6 acre impervious
surface (proposed 20 foot wide asphalt paved road) of 1.2 acre (0.23 mi) total project size.
Erosion and sediment control devices along the project are comprised of temporary rock silt
checks temporary silt basins and temporary silt fence. The NCDOT proposes to install
temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The
temporary structures will be removed once the vegetation has been established and then seeded
with a seed mixture of fescue and bahia grass. Please note that the placement of these
structures and within the 60 foot right-of-way and their associated impacts are included
within the site totals listed above.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This project will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
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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).
20/as
Q Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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