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HomeMy WebLinkAbout20061594 Ver 1_Complete File_20061005!? SU17F0? Y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR September 28, 2006 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator O ?O 9y'4 v - O op, UG LYNDO TIPPETT SECRETARY 061594 Subject: Proposed placement of rip rap along piles in Little Creek at Bridge No. 110 on SR 1110 in Durham County. The North Carolina Department of Transportation (NCDOT) proposes to place rip rap along piles at an in-stream bent in Little Creek at Bridge No. 110 on SR 1110 in Durham County (Figures 1 - 2). This activity is addressed below: Impacts to Waters of the United States A recent bridge inspection was conducted at the bridge site crossing Little Creek (NCDENR-DWQ Index No. 16-41-1-15-(0.5), Best Usage Classification WS-IV NSW, HUC 03030002) in the Cape Fear River basin. An analysis of streambed soundings recently conducted at the site indicated significant scour adjacent to piles 2-6 along the in-stream bent located in Little Creek (see Figure 2 and Photograph 1). Only four feet of these pilings is now embedded in the streambed, making the site very susceptible to failure. The source of this recent scour cannot be definitively determined at this time; however, it may be attributable to the release of water from the impoundment located 100 feet upstream of the bridge (Photograph 2). The NCDOT proposes to place Class B rip rap in Little Creek adjacent to piles 2-6 along the in-stream bent which will provide some protection against additional scour. This will result in 0.01 acre fill in surface water. The Department also proposes to install a temporary causeway along the west streambank to provide access to install the rip rap along piles 2-6. This will result in 0.01 acre temporary fill in surface water. The temporary causeway will be constructed of Class B and Class II rip rap. All rip rap material associated with the temporary causeway will be removed from the stream. Waters of the U.S. Mitigation Avoidance: All surface waters not affected by the project will be protected from unnecessary encroachment. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 IN REPLY REFER TO Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 October 23, 2006 Subject: Action ID No. SAW-2006-41007-121 and Nationwide Permit No. 14 Mr. Anthony Roper, Division Engineer North Carolina Department of Transportation 113 Airport Drive, Suite 100 Edenton, North Carolina 27932 Dear Mr. Roper: oco 14 C b u Reference your application of September 26, 2006, for Department of the Army (DA) authorization to discharge fill material within waters of the United States, impacting a total of 0.12 acres of wetlands and 25 linear feet of perennial stream to upgrade NCSR 1110 (Sycamore Road) from a gravel surface road to a paved surface roadway. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, the March 9, 2000, Federal Register, Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (65 FR 12818), lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided by Nationwide Permit #14 for fills for linear transportation crossings of waters of the United States (including wetlands and other special aquatic sites). Review of this project indicates that the improvements to the roadway will adversely impact 0.12 acres of riparian Cypress-Gum swamp wetlands and 25 linear feet of perennial stream channel. Your work is authorized under Nationwide Permit 14, provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. The unavoidable impacts to 0.12 acres of riparian Cypress-Gum swamp wetlands and 25 linear feet of perennial stream channel associated with this project shall be mitigated by NCDOT by providing 0.24 acres of restoration equivalent riparian wetlands, and 50 linear feet of restoration equivalent warm water stream channel in the Pasquotank River basin (Hydrologic Cataloging Unit 03010205). For wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration. NCDOT shall provide a plan to the USACE for addressing this mitigation requirement by November 23, 2006. It is recommended that NCDOT provide this M mitigation in accordance with the procedures suggested in our letter dated September 13, 2004 from Mr. Ken Jolly to Dr. Gregory J. Thorpe. b. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. c. All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent spillover of solids into any wetlands or surrounding waters. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or any activities that cause the degradation of waters or wetlands, except as authorized by this permit, or any modification to this permit. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands associated with this permit without appropriate modification of this permit, including appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. f. To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USAGE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. The permittee shall ensure that all such areas comply with condition (e) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with the preceding condition (e). All information will be available to the USACE upon request. NCDOT shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. 2 1 g. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and any Corps approved modifications shall be available at the project site during construction and maintenance of this project. h. Any violation of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the violation. i. Failure to institute and carry out the details of special conditions a. - h., above, may result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with this project, or such other remedy as the District Engineer or his authorized representatives may seek. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until March 18, 2007, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Thank you for your time and cooperation. If you have any questions, you may contact me at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina, 27889, or telephone 252-975-1616, extension 26. Sincerely, 'w &&"C William J. Biddlecome Project Manager 1 Enclosures Copies Furnished (without enclosures) Mr. Brian Wrenn Water Quality Section North Carolina Division of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. William D. Gilmore, P.E. EEP Director NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Ms. Cathy Brittingham Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, NC 27909 Mr. Garcy Ward NCDWQ Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 4 J 11 V' 0 1W w EN j ?`C? .j -., -.? ? . • T ?!' `?-? ?'Q 1. y' ? _ r,??,r ,j ?^?H' ?'i^r l r ? ?,? ? __ ? .: i.-: z ?._"? - s?iLJ • '*?,?.,?,.* ? ?//? J[) ey Fy ?...:?°?); / __ " ?1 r ` l Mfr "? m r r, ?;::• y t ,, ? :;: ? •.,?ti..,r-;;? '?Iv ('f ./??' ` ? of-- ?r - ? ,•y \?? ?!\. /?? 'J' ?, ' ?,-?? % <S?- ?. C. 1.. - ?'? /"' J'am' ,? ??1 -- ? -2-. ? --I i? 1 .'i)>!? ? ti r 1 / 1- lv!oc ZE A (j it- 421- fns , Site 1 :ram„ • ? = it ?r i 1 / )l//n/,-• -..? ?(`:'r,' "``+a.,,?, y ? ?, __? ? ?? ? i ? • - ? //- // ( J c. ? ? f ??'t ?J ?' l ?v.., j r ~? ?? ? ? \a ;. ? r?,;, 1i - - -- ,--r 1 Via- `?.. { -; ?'' ?//r/ ? ? ;' ? r ? t lI I ?J ) ? tlp C??Oc; F -? X Fri ??n Ito ?A t k _ 11 +•I ?. 1, •`,(1109) ?--???. ,. ?\ / ?'`i.•'"'"'?1.._ J_?\?.? G C"'1?( ?( O ?.• 24 Jr p; it r Prompt Action Activity /g` J« •4 5 Bridge No. 110 on SR 1110 over Little Creek "°'\ Durham County ' a`ui g Southwest Durham USGS topo map (1973, 1987) 169 Figure 1 1:24,000 -ci rn1 /T n !.. • 1 P ' 4 J, jje Copvriaht (C) 1998, Maptech, Inc V a i a ., _ II a. c ? N o a o / z w b £ W v C S df ? +a VI ca = OiL?Oi $ 45 FS-¢Q40 O a EQ t4 Ix +; 4 d 'A r + -0 d ?- -" U °dCN-Na 00 to U w N N V O O! ? w VI d 41 L d ,F, R! IA a u 41 0) -0 Ci ' ,? • , ds tA ? 0 d L d a S? Wit' >E °ni;+? ` O d M d C d C Q C > cis ?p V) 'r co N d u O R Fqq 0) Go L 06 U d 4-b d 4-% c3 e U 0C Gi 4-- W 4+., d W W 9+'.Cd-. U V1a?9WIAa ?v?4141T doM- dsa {d0 do a? UC3CCd.}? %A d 0 41 0) W-C-k i' d > > 2d X L a i W 0 -p1 J2 0 d Go z rry I- LO)ZJto ai' 0 OdW0LO.d Q` ZLa.CLIA ddV 2 Minimization: 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: Compensatory mitigation is not required 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 Endangered Species Act. As of April 27, 2006, the bald eagle (Haliaeetus leucocephalus), Michaux's sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata) are listed as federally protected species in Durham County. No populations of Michaux's sumac or smooth coneflower were observed during the site visit on September 19, 2006. Suitable habitat for the bald eagle is not present at the site. A review of the Natural Heritage Program database (last updated April 2006) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the site visit and the NHP database review, biological conclusions of No Effect have been rendered for each species. Summary Stream impacts at the site include 0.01 acre permanent fill in surface water and 0.01 acre temporary fill in surface water. Application is hereby made for a Department of the Army Section 404 Nationwide Permits (NWP) 3 and 33 and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3494 and 3366. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Mr. Chris Murray at (919) 560-6851. Sincere y, w Jon G. Nance, P.E. Division Engineer cc: Rob Ridings, NCDENR-DWQ Dallie Bagwell, NCDOT Bradley Burton, NCDOT Katie Simmons, NCDOT Office Use Only: Form Version March 05 X0061594 USACE Action ID No. DWQ No. (1t 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 Nationwide, Regional or General Permit Number(s) Requested:NWP 3 and 33 2. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 3. 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: ? 4. 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 1. Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNanceAdot.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.) Name: Company Affiliation: Mailing Address: Telephone Number:_ E-mail Address: III. Project Information Fax Number: 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 Page 1 of 8 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: Proposed placement of rip rap along piles at the in-stream bent in Little Creek at Bridge No. 110 on SR 1110 in Durham County. 2. T.I.P. Project Number or State Project Number (NCDOT Only) 3. Property Identification Number (Tax PIN): N/A 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, travel west on NC 54, turn left and travel south on SR 1110 to project site. 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): 35.8869160 ON 78.9845842 °W 6. Property size (acres): 0.1 7. Name of nearest receiving body of water: Little Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded land and a wildlife impoundment. 10. Describe the overall project in detail, including the type of equipment to be used: The NCDOT will place Class B rip rap in Little Creek adjacent to piles 2-6 along the in-stream bent. A temporary causeway will also be constructed with Class B and Class II rip rap. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: Provide long-term stability to piles that have scoured located in Little Creek. Page 2 of 8 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. 1. Provide a written description of the proposed impacts: The NCDOT will place Class B rip rap in Little Creek adjacent to piles 2-6 along the in-stream bent. A temporary causeway will also be constructed at the site. 2. 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 Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A Page 3 of 8 4. 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, multiply length X width, then divide by 43,560. Stream Impact Perennial Average Stream Impact Area of Number Stream Name Type of Impact or Width Before Length Impact indicate on ma Intermittent Im act (linear feet acres N/A Total Stream Impact (by length and acreage) 5. 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 Site Number indicate on ma Name Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Site I Little Creek Fill Stream 0.01 Site I Little Creek Temporary Fill Stream 0.01 Total Open Water Impact (acres) 0.02 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact acres): 0.02 Wetland Impact (acres): NONE Open Water Impact acres : NONE Total Impact to Waters of the U.S. (acres) 0.02 Total Stream Impact (linear feet): N/A 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 USACE. N/A 8. 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 Page 4 of 8 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. 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 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.html. 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 Page 5 of 8 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Compensatory mitigation is not required for this project. 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 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 http://h2o.enr.state.nc.us/M/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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No Page 6 of 8 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. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 (2 for Catawba) 2 N/A 1.5 Total N/A * Zone 1 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. 3. 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. There is <0.01 acre existing impervious surface with the 0.1_ acre proiect site. No additional impervious surface is proposed at the nroiect. Erosion and sediment control devices at this site will be comprised of temporary silt fence. 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/ncwetlands. If no, please provide a short narrative description: Page 7 of 8 No additional roadway improvements will be associated with this project. No additional development will result from this action XV. 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). ?/Z- ele & Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8