HomeMy WebLinkAbout20050106 Ver 1_Complete File_20051013STAIJ
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611 -5201
GOvERNOR
September 22, 2005
North Carolina Division of Water Quality
401/Wetlands Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
Reference: DWQ Project No. 050106
NCDOT/SR 1337 Scotland County
Dear Sir or Madam:
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oSroRM?? FRB
LYNDO TIPPEI°I?Nch
SE(RI•`IARY
Attached is certification of completion for the work performed under the above
referenced permit. The certification is signed by our field agent. If additional
information is required please advise.
Sincerely,
PA
Timothy ?son P.E.
Division Engineer
Attachment
c: Tim Welch
Art King
File
DIVISION 8, P. O. BOX 1067, ABERDEEN, NC 28315
Te1ephone: (910) 944-2344 Fax: (910) 944-5623
Certificate of Completion
DWQ Project No.: 05 - O? Olp
County:
S Collar, a
Applicant: W C I) C?T TYt V i 5,% On (% -T: Mp+\r\y 5 o\nn so r\
Project Name: SR N339 SCON Nc%r,6 CoVr?ty
Date of Issuance of 401 Water Quality Certification: P? I ?? a00rj
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to th- ' t of my abilities, due care and
diligence was used in the observation of the construction such th 'ction was observed to be built
within substantial compliance and intent of the 401 WatP,?= and Buffer Rules, the
approved plans and specifications, and other supra ` I
Signature:. U
j b
Agent's Certification I
1 -'? wf- ?G M , hereby 1 .,,a, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the constriction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Date:
Signature:
If this project was designed by a Certified Professional
as a duly registered Professional
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
A ? A
NCDENR
North Carolina De nrtment of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross, Jr., Wrb,dWry
Alan Klimek, P.E., Dir?o
Colee Sullins, of Water Direct ???e"'?
Division -?
Quality +Cf
April 8, 2005
Scotland County
DWQ Project No. 05-0106
DOT Project No.813.208311
APPROVAL of 401 Water Quality Certification
Mr. Timothy Johnson, P.E., Division Engineer
North Carolina Department of Transportation, Div. 8
P.O. Box 1067
Aberdeen, North Carolina 28315
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill material in a total of 20 linear feet of stream for the purpose of replacing a deficient pipe culvert
under SR 1337 in Scotland County. The project shall be constructed in accordance with your application
dated 18 January 2005 (received 24 January 2005), and explained in further detail in correspondence from
Mr. Art King, DEO for Division 8, dated March 23, 2005. Specifically, this project involves replacement
of a single 60"x 40' CMP with a single 81 "x 59"x 60' CMP. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3404, which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification corresponds to the
Nationwide Permit 14 issued by the Corps of Engineers. 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.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has
been completed.
1. NCDOT shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If DWQ determines that such standards or laws are not being met
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-1541/FAX: 910-486-0707 \ Internet: www.enr.state.nc.us/ENR
An Fniml Onnorhinity 1 Affirmative Action Fmnlovpr-.50% RPrvrlari 110% Post Cnnsiimar Paner
Mr. Timothy Johnson
April 8, 2005
Page 2
(including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, DWQ may re-
evaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503,
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any
new or revised conditions shall be provided to NCDOT in writing, shall be provided to the
US Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Ken Averitte at 910-486-1541. ext 722.
Sincerely, 1,,
Alan W. Klimek, P.E.
AWK/KA/ka
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville Regional Office, DWQ
Rob Ridings, 401 Wetlands Unit
Central Files
Art King, DEO, Div. 8, NCDOT
Scot.sr I 337.doc
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION `ter
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDo Tu prn'i'
GOVERNOR SECRETARY
March 23, 2005
Ms. Belinda S. Henson
Acting Regional Supervisor
DWQ Surface Water Protection Section
Fayetteville, NC
Dear Ms. Henson:
The following information is being submitted to you in response to your letters dated March 7, 2005. In
this response to your letter, I will make an effort to address the concerns you have raised about our PCN
applications for the following Highway Division 8 Secondary Road projects.
SR-1461 Moore County SR-1261 Moore County
9/06 SR-1521 Moore County SR-1415 Scotland County
SR-1337 Scotland County
I have spoken with both Ken Averitte, of the DWQ, Fayetteville Regional Office, and with Richard Spencer
of US Army Corps of Engineers, (USACOE) Wilmington Office, concerning the issues in your letters. As a
result of our conversations, we have agreed to revise the way we report impacts on our PCN applications.
For example, in the applications for the projects listed above, the stream impacts were listed as the total
length of the newly installed pipe, rather than the net (new length greater than the existing) length of pipe
impacts. The PCN applications for these projects were done in a fashion that had been approved of by both
the DWQ and USCOE staff, who were responsible for reviewing our PCN applications. In all future
applications permanent impacts will be listed as net impacts. The Net impacts will be calculated by
subtracting the existing (old) pipe length from the newly installed pipe length.
Another concern you have raised is the listing of temporary impacts, and the connection to our use of rip
rap. The temporary impact reporting and the listing of rip rap in this manner was in response to a request
made by DWQ staff. The temporary impacts listed on our PCN applications are normally within the
existing DOT right of way, and directly related to the construction of the project. These areas would
typically include slope disturbance by installation of erosion controls, dewatering activity, or areas of
equipment access. When the projects are completed the temporarily impacted areas are restored to their
original contour. Once grading is completed, we stabilized the restored area by applying rip rap, or by
mulching and re-seeding, depending on the slope or the need for armoring. Our usual practice is to allow at
least 20ft of temporary impact at each end of the pipe for these purposes. The listing of rip rap on page 8 of
the PCN was per a request made by the DWQ Wetland office in Raleigh. To my understanding this request
was made in order to track the use of rip rap on our projects. The rip rap used on Division 8 projects is
typically installed for slope stabilization only, and is normally installed above the plane of ordinary high
water. The USACOE does not require us to list rip rap that is installed above the plane of ordinary high
water as an impact. In the future rip rap usage will not be listed on page 8 of our PCN applications along
with other site impacts. The use of rip rap (if any), will be addressed in the cover letter as a component of
the project, and will be depicted on the plan drawings as needed.
P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315
PHONE (910) 944-2344 FAX (910) 944-5623
You had also expressed concerns about the two projects in Moore County on SR-1261 and SR-
1521. First, on SR-1261 you had a concern related to the issue of the existing perched pipe. Our
Bridge Maintenance Department had inspected this site prior to the submission of the PCN. They
had concluded that the combination of an oversized pipe and lowering the buried invert at the
inlet would allow us to lower the outlet end to the pool level, while reducing the slope through the
pipe. We feel that taking these steps should reduce or eliminate the perched condition on the
outlet end of the pipe. The engineers have also determined that the streambed has scoured to rock
at the inlet of the pipe. If the rock is consolidated it may make it difficult to bury the invert as
deeply as we would like. If this is the case we will set the pipe as deep as possible, and reduce the
slope of the pipe as much as we can. The rocky bottom of the streambed itself should act as a
grade control against the possibility of a head cut. However, if during construction it is
determined that additional structures are needed to prevent a head cut, we are prepared to install a
series of notched logs at the invert of the inlet of the pipe, to act as a grade control. To our
understanding, logs as grade controls, do not constitute a fill under sec. 404 of the Clean Water
Act, and do not require a permit for their use in non-navigable waters of the US. It is possible that
we will not be able to completely level this pipe due to the bedrock at the site, but we should be
able to correct the perched condition and reduce the slope through the pipe to an acceptable level,
and maintain downstream stability.
On SR-1261 our engineers believe that the road can be constructed without the use of an offsite
detour. They have suggested installing one half of the replacement pipe during phase one of the
construction, replacing the fill and moving to the other half in phase two. Proceeding in this
manner will keep one travel lane open at all times. An alternative plan would involve the
complete removal of the fill at the pipe section and the use of a temporary bridge span on the
existing alignment. The engineers would like to wait until they have determined the quality of the
material in the existing fill area before they decide on which alternative they will use. In either
case, access to the local residents will be maintained, with no additional impacts or permit
modifications needed.
I am also including a revised drawing of the proposed pump around as requested by Mr. Averitte.
The revision shows the energy deception pad at the end of the discharge pipe outside of the
stream channel. This drawing will be typical for all pump around activity for secondary road
projects within Division 8.
If you require additional information in this matter, please contact me at 910-944-2344
Sincerely,
Art C. King
Division Environmental Officer
NCDOT Highway Division 8
CC: Tim Johnson PE, Highway Div. 8
Ken Averitte, NCDWQ Fayetteville Regional Office
Richard K. Spencer, USACOE Wilmington Office
Rob Ridings, 401 Wetland Unit Central Files
P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315
PHONE (910) 944-2344 FAX (910) 944-5623
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NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
March 7, 2005
Mr. Timothy Johnson, P.E., Division Engineer
NCDOT/Division 8
P.O. Box 1067
Aberdeen, North Carolina 28315
Subject: Permit Applications for Culvert Replacements
DOT Project #813.208311
SR 1415, DWQ project no.050105
SR 1337, DWQ project no.050106
Scotland County
Dear Mr. Johnson:
William G. Ross Jr. retary
Alan W. Klimek, P.E., i rector
Coleen H. Sullins, Deputy irector
Division of Water Quality
The Division of Water Quality has reviewed the applications for both of the subject projects and
conducted a visit to each site. Based on these reviews and findings in the field, we have concluded that
the applications are lacking specific information required for making an informed permit decision. These
deficiencies are as follows:
SR 1415 - On page 8 of the application, 60 feet of stream impacts are indicated. The cover letter
indicates that two 40 ft. culverts will be replaced with two 60 ft. culverts. While the permanent
impacts are actually 60 feet, the new impacts to be permitted are only 20 feet. Also, please explain
the 40 feet of temporary rip rap that is indicated. It is our understanding that the Corps of
Engineers may have issues with any in-stream use of rip rap, permanent or temporary. Is this for
bank stabilization or energy dissipation?
• SR 1337 - Page 8 of this application also indicates 60 feet of stream impacts. The cover letter
indicates that a 40 culvert will be replaced with a 60 culvert. Again, the table should reflect only
the new stream impact of 20 feet. This table also indicates 40 feet of rip rap. Please explain this
impact.
225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-1541 \ FAX: 910-486-0707 \ Internet: ww.enr.state.nc.us/ENR/
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper
Natural Resource
NorthCarolina
,Vatura!!y
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Mr. Timothy Johnson, P.E.
March 7, 2005
Page 2
Pursuant to 15A NCAC 2H .0507(a)(5), we are placing these permit applications on hold until we are
supplied the requested information. Furthermore, by copy of this letter, we are requesting that the US
Army Corps of Engineers review this matter for compliance with Corps requirements.
Hopefully we will be able to work together to reach a quick resolution to these questions and expedite
processing of these permit applications. If you have questions concerning these matters, please contact
Mr. Ken Averitte (910) 486-1541, ext. 722.
SSincerel/y,
r3di. yticL? ?1. r'kw)'c
Belinda S. Henson
Acting Regional Supervisor
Surface Water Protection Section
cc: Richard Spencer, Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
FRO
Rob Ridings, Wetlands Unit
Central Files
FRO, Land Quality Section
Scotland.hold.doc
Office Use Only: 050106 Dorm Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing DEIrVVR
1. Check all of the approval(s) requested for this project: ka?DSA&Ds ?ro`" c?U
® Section 404 Permit '? ArA %CH
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
IT. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: Timothy Johnson, P.E., Division Engineer
North Carolina Department of Transportation Division 8
P.O. Box 1067
Aberdeen North Carolina 28315
Telephone Number: (910) 944-2344 Fax Number: (910) 944-5623
E-mail Address: TJohnson(a dot.state.nc.us
Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: T. F. Welch PE
Company Affiliation:_ NC Department of Transportation
Mailing Address: PO Box 289
Siler City, NC 27344
Telephone Number: (919) 742-5649 Fax Number: (919) 663-0214
E-mail Address: twelch@dot.state.nc.us
7;t ,Jj
-5-
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 SR 1337 Scotland County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 8B.208311
3. Property Identification Number (Tax PIN): N/A
4. Location
County : Scotland Nearest Town: Laurel Hill
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Laurel Hill follow NC 144
NE for approx. 2 miles, turn left on SR 1337 at Richmond Mills. Site is approx. 1 mile.
5. Site coordinates, if available (UTM or Lat/Long): N 34* 50.05' W 79* 31.60'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Rural
7. Property size (acres): N/A
8. Nearest body of water (stream/river/sound/ocean/lake): Richmond Mill Lake
9. River Basin: Lumber
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.)
-6-
10. Describe the purpose of the proposed work: Replace existing 1 line of 60"x 40' CMP with 1
line of 81"x 59"x 60' CMP.
11. List the type of equipment to be used to construct the project: Excavator
12. Describe the land use in the vicinity of this project: Rural/Residential
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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.
-7-
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet
Type of Wetland***
None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainagc, 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 http://www.f'enia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intennittent and perennial streams
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?
(Please specify)
Perm. pipe 60 ft UT into Richmond Mill
Lake 9 ft Perennial
Temp./ Rip rap 40 ft
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, 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
w%v%v.usts,kov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100ft
-8-
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
None
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
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.
-9-
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/ncwetIands/strmBide.htm1.
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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401 /Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o_enr.state.nc.us/wrn/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
- 10-
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SE,PA)?
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 (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Neither the current impervious cover (asphalt pavement) nor the new proposed impervious cover
(asphalt pavement) will exceed 30% of the total site area. Erosion control devices appropriate to
the site will be utilized on this project which may include silt fences check dams and storm
water retaining basins.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
///f /a
Applicant/Agent's Signat6re Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
-12-
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05010
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEJ, F. EAsLLY DIVISION OF HIGHWAYS LYNllo TinnLrr
GOVLRNOR SECRETARY
January 18, 2005 c r
Rob Ridings
NCDWQ
401 Wetlands Unit
1650 Mail Service Center CDfFmfs 'v
Raleigh, NC 27699-1650
Subject: Nationwide Permit #14
SR-1337 Scotland County
Project # 8111.208311 (DWQ Permit Fee $200)
Mr. Ridings:
The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide
Permit Number 14 for project 8B.208311 on SR 1337 (Gillis Rd.) in Scotland County.
The proposed project will replace an existing deficient crossing pipe as follows:
Site 1- Replace existing 1 lines of 60 x 40 CMP with a I lines 81"x 59"x 60' CMP.
The total percentage of impervious surface within the project area will remain at less than 30%.
All erosion control devices will be appropriate to the location and in compliance with the current
version of the NCDOT Best Management Practices manual.
There will be no Wetland impacts associated with this project. This project is located on an unnamed tributary of
Gum Swamp Creek at Richmond Mill Lake, a class B stream within the Lumber River basin. If dewatering is
required at this site, it will be done with the use of a movable device (sheet metal piles or concrete barrier).
Construction will be done under dry conditions whenever possible. There were no threatened or endangered species
observed within the project area during the required minimum criteria check. Detours for this project will be done off
site using local state roads.
If you require any additional information, please contact me.
S* ely;-,_ PAYMENT
RECEIVED
Art C. King
77
Division Environmental Officer
Highway Division 8
cc: Tim Johnson, PE
Tim Welch, PE
P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315
PHONE (910) 944-2344 FAX (910) 944-5623