20060319 Ver 1_Complete File_20060313

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Alan W. Klimek, P.F. Director
Division of Water Quality
,,cH BRANcH
March 13, 2006
Henderson County
DWQ Project No. 060319
NCSR 2021 Greenwood Drive and NCSR 1449 (Indian Hills Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer: eet You have our approval, in accordance with the attached conditions and those listed
oval of 40 linear feet of trip e barrel,culverts and installation of a
Britain Creek at NCSR 2021 (Greenwood Drive) and rem feet of
new new bridge at NCSR 1449 (Indian Hills Road). 'I'ota] stream impacts will 0
to1NCSR 2021 (Greelnwood Drive) and
linear feet of culvert and temporary dewatering), to order to
your NCSR 1449 (Indian Hills Road) in Henderson County.S he project
the environmental comments made in the
application dated February 21, 2006 (received February 2,
14
application letter. After reviewing your application, we have??d Ctih st ofiEngineers Nvered ationwide Qersuality
Certification Nos. 3404 and 3366, corresponding to the U.S y
and 33. In addition, you must acquire any other federal, state or local permits before you proceed with your project Water Supply Watershed regulations.
including (but not limited to) Sediment and Erosion Control, unless otherwise specified in the Water Quality Certification.
This approval will expire with the accompanying 404 Pen-nit This approval is valid solely for the purpose and design described in your application (unless modified below). Should
new
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the lying
with
all owner must be given a copy of this Certification and approval axceed one acrepor iftotal? mpacps to streams (nohw
conditions. If total wetland fills for this project (now or to the future) e descr or in the future) exceed 150 linear feet, compensatory mitigation the cond'tionsul'stded in the abtached certNCAC 2H
and any
(h) (6) and (7). For this approval to be valid, you must foil
additional conditions listed below. governing 1. Erosion and sediment control practices must be in full
BemPManaeemwith ent 1Practicelsanoorder to protecthe t surfacedwaters
installation and operation and maintenance of such g
standards: led, a. The erosion and sediment control measures of the NorthtCarolna Sedimenttalnd E>°p'ontControl
maintained in accordance with the most recent version o
Planning and Design Manual. ion control b. The design, installation, operation, and maintenance oin the most recentsvers on of the NorthsCarolina
such that they equal, or exceed, the requirements specified borrow Sediment and Erosion Control Manual. The devices
col orl maintained on all
leased borrow prts?associated with the
sites, and waste pile (spoil) protects, including ntrac
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operrated,lt?v
y?,(rotina
and maintained in accordance with the most recent version of the North Carolina Surface Mining d
rolls
Customer Service
296-4500 Customer Service
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828
Internet: www.ncwaterquality.org FAX [phone]
An Equal opportunity/Affirmative Action Employer
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. J. B. Setzer, P.E.
March 13, 2006
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below
the stream bottom to allow natural stream bottom material to become established in the culvert following installation
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and
re-installed correctly, unless demonstrated that this is topographically unfeasible.
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 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 this work, should not be modified by widening or
narrowing the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to
natural geomorphic conditions.
7. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
8. Riparian vegetation should be preserved to the extent possible. Native trees and shrubs (e.g. Rhododendron, dog
hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be restored wherever possible
along the repaired slope and streambank to reestablish the riparian zone and to provide long-term erosion control.
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 stream
channels in such a manner that it impedes aquatic life passage.
10. Heavy equipment should be operated from the bank rather than in the stream channels in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream. This equipment should be
inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
11. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement.
12. Excavation in the stream channel should be conducted in the dry, if other diversion structures should be used to minimize excavation in flowing lwat Sandbags, cofferdams, flexible pipe or
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
14. If concrete is used during culvert 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 fish kills.
15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the bank stabilization work. In-stream dredging has catastrophic effects on aquatic life, and disturbance of
the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other
landowners.
'1
' Mr. J. B. Setzer. P.E.
March 13, 2006
Page Three
work and dirt into the stream or riparian cone except for
e rock
16. This certification does not authorize the discharge of
permitted areas associated with the bank stabilization
17. All work shall be performed during low flow conditions (below bankfull).
18. Upon completion of the project, the NCDOT shal c401omplete and return the
at on has been aompl ted i11Che respons bletparty shall
to notify NCDWQ when all work included in the §
complete the attached form and return it to the Transportation
enidgn pUnit of the NC hoto graphs upstream and downstreamlof
upon completion of the project. The NCDOT is strongly advised to
each structure to document correct installation.
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 6714 ,which conforms
Centeno,
are fi all and b nding unless you ask for a hearing.
Chapter 1 of the NortThis l certification and is conditions to the Office
Raleigh, N.C.C. . 27699-6714.
This letter completes the review of the Division of Water Quality
Asheville Regional Office at of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the 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
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Q
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
February 21, 2006
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers O ? 0319
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 2021, Greenwood Drive and SR 1449, Indian Hills Road
Henderson County
State Project No. 14B.204511 (DWQ Minor Permit Fee $200)
Dear Ms. Pennock:
The North Carolina Department of Transportation (NCDOT) is proposing to replace an existing triple barrel metal culvert under SR 2021, Greenwood Drive, in Hendersonville. Due
to development upstream, the three 54-inch metal culverts no longer have sufficient flow
capacity to handle stormwater runoff.
The existing triple culvert is to be replaced with a single span bridge. The new bridge will be
a timber abutment and steel I-beam structure with a single span of 35 feet long by 30 feet
wide. The foundation of the new bridge will be timber mudsills. Traffic will use the existing
shoulder to detour while half of the new bridge is constructed downstream. Then, traffic will
be moved onto the new half to complete construction on the upstream side. Sandbag
cofferdams will be used if necessary to ensure a clean, dry area, and to minimize impacts to
aquatic habitats and allow the existing stream gradients to remain as unchanged as physically
possible. Greenwood Drive is a dead end road serving as a collector for the subdivision. It
conveys only local traffic.
Upstream of the above project, NCDOT is proposing to replace an existing metal culvert
under SR 1449, Indian Hills Road. Due to development upstream, the 60-inch metal culvert
no longer has sufficient flow capacities to handle storm runoff. Indian Hills Road is a dead
end road serving as a collector for the subdivision and conveys only local traffic.
Drain calculations show that a 96-inch drain is required. Due to cover requirements, a 112" x
75" pipe arch is to be installed. The photographs included show a smaller water diversion
pipe that goes through the highway culvert and what appears to be bedrock below the outlet.
The water pipe feeds a pond. This pipe will be relocated and installed in conduit through the
road fill during the repair. What appears to be a bedrock shelf at the outlet is concrete that

I WSETMI

NCDOT Division 14 Bridge Maintenance Unit, 178 Henry Bird Rd. Whittier, NC 28779
was poured over rock during the initial installation by the subdivision developer
approximately 30 years ago or during subsequent repair work. This concrete and excess rock
will be removed so the new culvert can be placed below the streambed on the natural
substrate. The new pipe will be buried approximately twelve inches below the streambed and
large rock will be placed below the culvert outlet to dissipate energy and help maintain
aquatic life passage. A floodplain bench will be constructed on the right side of the culvert
outlet to narrow the over widened channel and the left side of culvert inlet to restore the
proper channel width. Large rock will be used to form the toe and soil and gravel will be used
to construct the bench.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records for threatened or endangered species for the
Brittain Creek watershed. Additionally, there are no records listed for Mud Creek between
the confluence with Brittain Creek and the confluence of Mud Creek with the French Broad
River. Brittain Creek is small (5-foot wide) and does not have sufficient flow to support
mussels. The impacts from the culvert replacement will be minimal. For these reasons, there
will be "no effect" on threatened or endangered species.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all sedimentation control
measures during construction to ensure sedimentation is being effectively controlled. If the
planned devices are not functioning as intended, they will be replaced immediately with better
devices. The sedimentation control devices will be in place prior to pipe culvert removal and
will remain in place until the new bridge is in place.
Impacts to Waters of the United States
Brittain Creek originates approximately 3200 feet northwest of the Indian Hills culvert site.
The stream appears to have perennial flow. The channel is composed of sand and gravel and
lacks vegetation. Leaf litter along the channel has signs of deposition. For these reasons, we
believe that the stream is under the jurisdiction of the U.S. Army Corps of Engineers. In
order to remove this culvert and the culverts under SR 2021, it will bP necessary to impact
waters of the United States in the French Broad River Basin. Specifically, NCDOT is
requesting to replace a triple metal culvert in Brittain Creek (DWQ Class: C) with a single
span bridge on SR 2021 and replace/extend one metal culvert on SR 1449. Listed below is a
summary of the proposed impacts.
Site
No. Existing Condition Proposed Condition Net Impacts
Site 1 Triple Barrel 40'x 54" CMP Single Span Bridge 35'L x 30'W (40)
Site 2 40' x 60" CMP 50' x (112" x 75") CMP Arch 10
Total Impact (-30)
Permits Requested
NCDOT is hereby requesting authorization under 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, Mountain Region 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 under Section 401 of the Clean
Water Act from the North"Carolina Department of Environment and Natural Resources
(DENR), Division of Water Quality (DWQ). In addition, I am requesting that 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) 497-
7953.
Sincerely,
C ^
Christopher D. Lee
Division Bridge Engineer
Enclosures
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr. Mike Parker, DWQ, Asheville (1 Courtesy Copy)
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark T. Gibbs, P.E., District Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer
File
Office Use Only: Fonn Version May 2002
USACE Action ID No. DWQ No. 2006031
/TV I
1'— 7 ru==- "_ iu 111 l,, 11ut apyiicauic w tms project, please enter "Not Applicable" or "N/A".)
I. Processing
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: NW. 14
3. If this notification is solely 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: ?
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:_ North Carolina Department of Transportatio
Mailing Address: 178 Henry Bird Road
Whittier NC 28789
Telephone Number: 828-497-7953 Fax Number: 828-497-6544
E-mail Address:
2. 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: Christopher D Lee
Company Affiliation: North Carolina Department of Transportation
Mailing Address: 178 Henry Bird Road
Whittier NC 28789
Telephone Number: 828-497-7953 Fax Number: 828-497-6544
E-mail Address: [e-mail]. nc us
Pagel of 8
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: SR2021 Greenwood Drive & SR 1449, Indian Hills Road
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: Henderson Nearest Town: Hendersonville
Subdivision name (include phase/lot number): Indian Hills
Directions to site (include road numbers, landmarks, etc.): From Hendersonville, take NC
191 north for approx. 0.9 miles from US 25 Turn left on SR 2021 Follow SR 2021 for
approx. 0.15 miles. For the Indian Hills Site proceed 0 8 miles further along NC 191 North
Turn left on SR 1449. Follow SR 1449 for approx. 0.15 miles
5. Site coordinates, if available (UTM or Lat/Long): Site 1 35.33389 N, 82.48639 W
Site 2: 35.34000 N 82.49444 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): N/A
7. Nearest body of water (stream/river/sound/ocean/lake):_ Brittain Creek (DWO Class: Q
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htti)://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: Residential
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Greenwood Road Site. The existing pipe will be excavated and replaced b a single span
bridge 35' long by 30' wide The backhoe loader, dump truck and standard hand tools will
be used to complete this work Indian Hills Site: Due to upstream development the 60"
CMP no longer has sufficient flow capacities to handle storm runoff. The existing-Pipe will
be excavated and replaced by a 112" x 75" CMP Arch Old concrete and excess rock that
was poured into the stream channel during_previous construction will be removed before
installation. Also a diversion pipe that was installed through the culvert will be relocated and
pass through the road fill in conduit Floodplain benches will be constructed at the inlet and
outlet ends to restore the appropriate channel width Large rock will be used at the toe and
the bench will be constructed of soil and gravel The grade at the outlet will be raised with
large rock to prevent a perched condition and dissipate energy A backhoe loader dump
truck and standard hand tools will be used to complete this work
11. Explain the purpose of the proposed work: To ensure that the drainage structures have
adequate flow capacities to maintain a safe and usable roadway.
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.
AT/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
Page 3 of 8
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:_ In order to construct the project
in accordance with our current secondary road standards it is necessary to impact waters of
the United States in the French Broad River Basin Specifically NCDOT is requesting _a NW
3 permit to replace a triple culvert with a bridge at one location and replace a 40'x 60" CMP
with headwalls with a 50'x (112"05") CMP Arch with headwalls at a second location Both
structures are in Brittain Creek (DWO Class: C) Impact are listed in table below.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A

* 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 atlittp://www.fenia.go .
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of
Average Width Perennial or
Site Number Type of Impact* Impact Stream of Stream Before Intermittent?
(indicate on map) (linear Name** (please
feet) Impact
s ify)
Remove a Triple Metal Culvert 40'x
Site 1 54" CMP and Replace w/ Spanning (-40 Brittain
5'
Perennial
Bridge Creek
Remove a 40' x 60" CMP with
Site 2 headwalls and install a 50' x 112"x
( 10 Brittain
5'
Perennial
75") CMP Arch with headwalls ' Creek
* 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.coin, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: 00) Linear Feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

List each impact separately and identify 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.
Water will be diverted during the installation of the pipe to minimize sedimentation The pipe
will be placed below the stream bottom to minimize fragmentation of aquatic habitat Sandbag
cofferdams will be used in the bridge construction as needed to insure a dry work environment
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
Page 5 of 8
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 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 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:/ih2o.enr.state.nc.us/newetlands/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
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 Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] 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):_None,this permit has (40) l.f
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetiand mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
VIII. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Page 6 of 8
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 [phone] 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
IX. 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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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.
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.
X. Stormwater (required by DWQ)
Page 7 of 8
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.
XI. 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.
XII. 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
XIII. 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).
2/ 1/06
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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