HomeMy WebLinkAbout20061037 Ver 1_Complete File_20060718?OF W A TF?p D
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
2 Alan W. Klimek, P.E. Director
y. ^ Division of Water Quality
o?MwgrFRg
Ch July 18, 2006
Cherokee County
DWQ Project No. 061037
Hiwassee Dam School Emergency Entrance
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. David Badger, County Manager
Cherokee County
75 Peachtree Street
Murphy, North Carolina 28906
Dear Mr. Badger:.
You have our approval, in accordance with the attached conditions and those listed below, to impact 45 linear feet in an
unnamed tributary to Thompson Branch (45 linear feet of new pipe and temporary dewatering), in order to construct and
emergency entrance to Hiwassee Dam School in Cherokee County. The project should be constructed in accordance with
your application dated June 20, 2006 (received June 28, 2006), including the environmental commitments made in the
application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,
you must acquire any other federal, state or local permits before you proceed with your project including (but not limited
to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This Water Quality
Certification will expire with the accompanying 404 Permit issued by the US Army Corps of Engineers.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
One
fthttCarolina
NVp
'aturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service
Intemet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. David Badger
July 18, 2006
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. Placement of culverts and other structures in waters, streams and wetlands, shall 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, streambeds or banks, adjacent to, or upstream and down stream
of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if
requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate
seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
6. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
7. All stormwater runoff shall be directed as sheet flow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
8. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
9. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
10. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement.
13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
15. If concrete is used during construction (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
A
Mr. David Badger
July 18, 2006
Page Three
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
18. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the culvert installation.
19. 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.
20. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek P.E. Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Staff Report
Project Num: 20061037 Version: 1
Name: Hiwassee Dam School Emergency Access
County: Cherokee
Location: Thompson Branch Murphy
Latitude: +35°06'27"
SW Plan Location:
Owner: Cherokee County
Contact Person: Title:
Inspection Date: 06/29/2006
Reason for Inspection: Routine
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s):
Phone: 828-296-4500
Question Areas:
0 Site Visit
Inspection Summary:
David Badger, Cherokee County Manager has made application for the construction of an Emergency entrance for the Hiwassee Dam
School. The proposed project is for 45 linear feet of new pipe in an unnamed tributary to Thompson Branch. NCDOT will construct
this project for Cherokee County.
It is is recommended that WQ Certification No. 3404 be issued.
The 401 Certification was issued on July 18, 2006.
Status: Issued
Project Type: School
Region: Asheville
Longitude: -83°14'49"
Phone: 828-837-5527
Entry Time: 01:10 PM Exit Time: 01:30 PM
Inspection Type: Staff Report
Page: 1
Project Num: 20061037 Owner: Cherokee County
Inspection Date: 06/29/2006 Inspection Type: Staff Report Reason for Visit: Routine
Site Visit Yes No NA NE
Do impacts described in the application differ those seen in the field? ? E ? ?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application? ? M ? ?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application? ? M ? ?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification? ? 0 ? ?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification? ? M ? ?
Are there additional stromwater conditions that should be required due to the following classifications: ? M ? ?
# 303(d)list, Class WS, NSW, ORW, HQW
Describe:
Is this a subdivision or otherwise part of a larger project? ? ? N ?
# If yes, what phase is this?
Are there prior impacts from prior phases? ? 0 0 ?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment:
Page: 2
r
v "` SfATF
a ?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION ?y
MICHAEL F. EASLEY
GOVERNOR
June 2012006
Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
Rail Cove Road - SR 1503, Cherokee County.
State Project No. 40498 (Minor Permit $200.00)
Dear Mr. Lund:
SUN ??
?FTIgNPIS 2 6'
*V, 9.
??r ADO
°STOF,p4?U f)'
RB?N
LYNDO TIPPETT
SECRETARY
061046
d7
The North Carolina Department of Transportation (NCDOT) is proposing to construct an access road for
Hiwassee Dam School off NC 294 in Cherokee County. However the permit should be issued to
Cherokee County. The proposed road has been determined to be necessary in an event of an emergency.
Funds have been allocated for this project and NCDOT would like to perform these activities as soon as
permits are obtained and certainly while school is dismissed for summer vacation.
I am sending a typical section of the road. cross section drawing for pipe culvert replacement as well as a
marked county map and USGS quad map. We propose to install the new culvert slightly below the
existino, streambed elevations where bedrock is not encountered to minimiz, impacts to wildlife habitats
and allow the existing stream gradients to remain as unchanged as is physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and endangered
species. There are no records of threatened or endangered species for the unnamed tributary to Thompson
Branch. Additionally, there are no records for the Thompson Branch watershed. The unnamed tributary
is small and is not of sufficient size to provide habitat for fish or mussels. The impacts from the pipe
replacement will be very minimal. For these reasons, this project will have "no effect" on threatened and
endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation Office
(SHPO) and the Office of State Archaeology determines that further investigations are required, NCDOT
will conduct the, appropriate site investigations and obtain compliance from SHPO prior to project
construction.
The best management practices will be used to minimize and control sedimentation and erosion on this
project. The construction foreman will review all erosion control measures daily to ensure sedimentation
and erosion is being effectively controlled. If the planned devices are not functioning as intended, they
f, .
will be immediately replaced with better devices. The erosion control devices will be in place prior to
pipe culvert construction and will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributary is small and has minimal flow. The channel is composed of sand and gravel and
lacks vegetation. For these reasons, we believe this stream is under the jurisdiction of the U.S. Army
Corps of Engineers. In order to complete the above-mentioned improvements along Rail Cove Road in
Cherokee County, it will be necessary to impact waters of the United States in the Hiwassee River Basin.
Specifically, NCDOT is requesting to install one metal culvert in an unnamed tributary to Thompson
Branch (DWQ Class: Q. Listed below is a summary of the proposed impact.
1
Station Existing
Condition Proposed
Condition Net Impacts Stream
Name
Site 1 Open Channel 45' X 24" 45' UT to Thompson Branch
Total Impacts: 45 feet
Permits Requested
NCDOT is hereby requesting authorization under NWP 14 and Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Westem Mountain Re?zion Coordinator of the North Carolina Wildlife Resources Commission
(NCWRC). to comment directly to you concerning the 404 Nationwide Permit Request.
Also, by copy of this letter. I am requesting authorization to proceed under Section 401 of the Clean
Water Act from the North Carolina Department of Environment and Natural Resources (DEAR), Division
of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside
Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit
request.
If you have any questions or need additional information, please contact me at (828) 321-4105. Your
early review and consideration will be greatly appreciated.
Sincer ly,
Wesley T. Grindstaff,
District Engineer
Copy: Mr. John Hennessy, DWQ, DEHNR (6 copies)
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. W.E. Chastain, County Maintenance Supervisor, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. Mike Parker NCDOT Coordinator, DWQ, DEHNR
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 2 0 0 6 1 n 0_,
(If anv narticular item is not applicable to this proiect, please enter "Not Applicable" or "Nt ".
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: NWP-1
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP 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: ?
II. Applicant Information
Owner/Applicant Information
Name: Cherokee Countv
Mailing Address: 75 Peachtree Street.
MuMhv. NC 28906
Telephone Number: (828)837-5527 Fax Number: (828) 837-9684
E-mail Address:: david.badUer.c :cherokeecounty-nc.2ov
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: David Badger
Company Affiliation: Countv Manager
Mailing Address: (same as above)
Telephone Number:
E-mail Address:
Fax Number:
Page 1 of 8
III. Project Information
Attach a vicinity,, map, dearly 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: Hiawassee High School Emer?zencv Drive
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc. From Mumhv take US 64 west
approximately 4.8 miles and turn right on NC 294 and proceed approximatelv 7.5 miles to
Hiwassee HS on left. Access project from road between the fire dept and EMS facility
5. Site coordinates, if available (UTM or Lat/Long): 35.1075 N 83.2469 W
Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): <
7. Nearest body of water (stream/river/sound/ocean/lake): Thompson Branch - Class C
8. River Basin: Hiwassee
(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. DescriY e the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Wooded
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Erosion control drainage. clearing and grubbing. stabilization. base. and pave.
Utilize backhoe trackhoe dozer, dump trucks and crew cab.
Explain the purpose of the proposed work: Construct emer(_Yencv access road to school.
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'.
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.
Page 3 of 8
1. Provide a written description of the proposed impacts: N/A
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A i;
* List each impact separately and identify temporary impacts. 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.
** 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 httn:.',www.tema.soc.
*** 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: N/A
Total area of wetland impact proposed: N/A
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?
(please seci )
Site 1 Culvert 4- UT to Thompson 1 P
* 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
www.us2s.2ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topzone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 45 feet
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Im
act
p
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name
of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba
ocea
t
N/A y,
n, e
c.)
- - -- r°?• ?. t a.a?.,y a„u iucuuiy temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): 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.
Erosion and siltation control measures and BMP's will be used during construction to avoid
environmental impacts
VIII. Mitigation
DWQ - Ih 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 5 of 8
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 )?vatershed.
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/ncwetlands/strm<(zide.htm1.
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.
\'A
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
(919) 715-0476 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
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP 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): 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 6 of 8
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 curfent 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 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
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.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (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.
Currently. the acreal-e is not impervious. EC measures will be utilized to retain silt on project.
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.
N/A
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. 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).
N/A
David Badger/ Mav 31. 2006
plicant/Agent'S'Slg? S a re Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
w
7 1 it
Q
ti
£
41
?v I
A <1
\
I
I
i
v
Y ?
nl i _? d ? I '
_ d J
'966 4
IooyoS 1461H used aassemlH :uolldeo
M „bL'6L ,£L 0690 N „£L'90 ,90 05£0 :uolleoo-l
L L``T?F?J?'.
o t
?4 t1 1. ./ ?? T
;t
?t
% 11
V
i ,
>J1
E 1 ,41,
1
1?1
NI
\\VVI, ?? IIIVVV••• .?
•
0-
V
-ot?*-C
t"':
laal 000 L slenbe youl L :aleoS
900Z/9 L/5 :0380
N33HO NOINWIS83d :aweN
v may..-. ?? ?
l
L-CJi-
F` ?\,1 W
V
c
i1
- ..___. ..-. L.I I;--. i 1 1 1 1 1 II .. I I. 1 1 1 1 1 1 1 1-I I I
I I I I I -i-I I I: I_? . -i. j .. _ I I.•-1 I.I I f.j-j-i I"_I I
_1 -
---_-1 ;
I I I_I I I? I 1'I I I -]_I I I I_!..I_I I I I I - - _- -- __
I I i. i..: l I.I l I i I I I
--
?__ ---
} ------- - - -`- z - I _J_I-1-1
- - -----_------ - - ..I I -CSI C d) 1 - - I-1 I _ - -
-----
1
--I-------?------- - ,. - I 111.1 ? I ? - I-I.I_a-?- ---
I ? II _ f - I ---
d Zi a l i I
II , I
?-I-'---•'--
1I I I .. II ( l II
i .. I L
1 1 I.
-I- 1
?---•-•=1--
I I I i i I I I' 1I Ip I-1d
1 f
=-? - --1------- - I i I i i j j "I 1 i I I
I j-
_ _I I I I I I I I I I I I ?i - I I 'ILII ?(I?JIS
-----
;_._I
.._..... ---- -- --...._--...------•----
- ice- -_ N_N I7; T3 S; ..--p F) 7 - N - - - -- - - - - - - _ -
cilN;) LS I X,I
ZXEXbL
i'NIS,vq lgls
U
"3-S '
U
1® dVh dlU 1 170011JS HDIH
,LSIXI
? ON W21;141 N:)OTl ?
swvQ
ADRHD -------- .. 113 1;)N;•1 L'] I S O41,
-Adld
Cl?l C12SC)c10) ld
d02(d L
bb
IZltII,S dW(ld
- :}i... LZ 90 Sf.
II
'I()Ciil?? -[?I?iU :13SS`dMIH:??y?pl '(12[
_. --_ Cl fl _'IIIIII?S--__-- 0ll ' IlS
U
?
U
Ct
H
N ?
a