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HomeMy WebLinkAbout20060869 Ver 1_Complete File_20060623I ?OF W A rERo ?O ?? r_ ONiV < Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 23, 2006 DWQ# 06-869 Stokes County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Dr. Thorpe: The North Carolina Department of Transportation has our approval to conduct buffer and riparian restoration, and stream and wetland enhancement activities, in accordance with the attached conditions at the Martin Mitigation Site conservation easement situated adjacent to NC 704 in Stokes County, near Lawsonville, as described in your application received by the Division of Water Quality on May 26, 2006. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3495, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: ¦ Approximately 7710 linear feet of enhancement along Little Peters Creek consisting of removing cattle and planting a riparian buffer; ¦ Approximately 1070 linear feet of enhancement along an unnamed tributary (UT2) to Little Peters Creek consisting of removing cattle and planting a riparian buffer; • Approximately 720 linear feet of enhancement along an unnamed tributary (UT2) to Little Peters Creek consisting of restoring dimension and bedform, and stabilizing the confluence of Little Peters Creek and UT2; and Approximately 0.1 acre of wetland enhancement through planting native wetland species. No Caro ina Naturallly North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:www.ncwaterguality.org Customer Service Number: 1-877-623-6748 ??ti Ob ?T?N? FNS 2 7 SgNp ?qT '-20O sTOR????Rry 6 cy An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper June 23, 2006 Page 2 2. This certification is issued specifically to approve in-stream, wetland and riparian activities. This work is being conducted as buffer replacement requirements related to NCDOT projects B-3045 and B-2639. This certification does not approve specific mitigation credits for any stream enhancement conducted as part of this project. Approval for stream mitigation credits from this site will require further discussions between NCDOT abd regulatory agencies. 3. If any mussels are observed in the work area during stream construction, professional identification should be provided by a certified mussel biologist prior to continuing work to ensure that impacts will not occur to federally listed mussel species. 4. If in-stream activities along UT2 are constructed during warm water fish spawning season, the activities shall be accomplished in the dry while maintaining current active stream flows. 5. Natural Resource Conservation Service NRCS approved cattle ford designs must be used for any wet crossings. Concrete or other flat crossings or aprons must provide aquatic life passage. 6. 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 7. 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 measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 8. 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 Pre-Construction Notification. 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. 9. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. Where practicable, 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 in 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. These measurements must be based on natural thalweg depths. 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. All waters must flow 'tregory J. Thorpe, PhD June 23, 2006 Page 3 through without freefalling or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or fish passage. 11. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 13. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing all restored stream reaches. 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 Sue Homewood in the DWQ Winston-Salem Regional Office at (336) 771-4964 or sue.homewood@ncmail.net. Sincerely, Alan W. Klimek, P.E. Attachments cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Kathy Matthews, US EPA Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Service Marissa Rodman, NCDOT PDEA Diane Hampton, NCDOT Division 9 DEO DWQ Winston-Salem Regional Office DWQ 401 Transportation Unit DWQ Central Files 14014 MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION May 18, 2006 WL Subject: Request for Nationwide Permit 27, Section 404 and 401 for the Martin Mitigation Site in Stokes County for TIP No. B-3045 State Project 8.1640901, $475.00 to Work Order WBS Element 32835.1.1 [Jd* ? ww s' 060$69 N1. Uont. Of tNK MAY 2 3 2006 Winston-Salem Regional Office LYNDo TIPPETT SECRETARY 4%, 0 9tios!Iel, <006 icy Dear Sir: x,. NCDOT purchased a Conservation Easement on the Martin property for buffer mitigation requirements related to B-3045 and B-2639. The Martin Site is located near Lawsonville in Stokes County. The property is adjacent to NC 704 and Little Peters Creek serves as the majority of its eastern property boundary. Two unnamed tributaries to Little Peters Creek can be found on the property as well as a 0.1-acre jurisdictional wetland. The NCDOT proposes to enhance approximately 720 linear ft. of UT2 to Little Peters Creek as described in the Buffer and Stream Mitigation Plan for Little Peters Creek (Martin Site) dated August 2005. The mitigation plan and site construction plans have been previously provided to regulatory personnel. The mitigation plan consists of enhancing UT2 through restoring dimension and bedform, stabilizing the confluence of UT2 and Little Peters Creek through re-alignment and cutting a bankfull bench, enhancing approximately 7710 linear ft. of Little Peters Creek and 1790 linear ft. of UT2 by removing cattle and planting a riparian buffer, and enhancing a 0.1 acre jurisdictional wetland through planting native wetland species. As shown in the construction plans, cross vanes will be installed in the channel as needed for grade control. The channel will be stabilized with matting and live stakes will be placed along the banks during the dormant season. The floodplain will be graded and planted with an appropriate mix of US Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ATTN: John Thomas NCDOT Coordinator MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS NATURAL ENVIRONMENT UNIT 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1334 or 919-715-1335 FAX: 919-715-5501 LOCATION: PARKER LINCOLN BUILDING 2728 CAPITAL BLVD. SUITE 240 RALEIGH NC 27604 WEBSITE: WWW.NCDOT.ORG woody species. The existing ford crossing on UT2 will be replaced with a dry crossing consisting of four 36" RCPs. Also, a new ford crossing will be installed downstream of the dry crossing within the enhancement area of UT2. All above work will be done in the dry utilizing a pump around as shown in the Martin Site construction plans. Regulatory Approvals Application is hereby made for a Department of the Army Nationwide Permit 27 and a 401 Water Quality Certification 3495. In compliance with Section 143-215.3D(e) of the NCAC we will provide $475 to act as payment for processing the Section 401 permit application previously noted in this application (see Subject line). We are providing five copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. Thank you for your assistance with this project. If you have any questions, please contact Marissa Rodman at (919) 715-1492. Sincerely, Grego J. Thorpe,.Ph.D.Environmental Management Director Project Development and Environmental Analysis Branch CC: Ms. Sue Homewood, NCDWQ Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Ms. Kathy Matthews, USEPA Mr. Jamie Lancaster, NCDOT NEU Ms. Diane Hampton, NCDOT Division 9 NJ- UOUL of tNK MAY 2 32006 Winston-Salem Regional Office Office Use Only: USACE Action ID No. Form Version April 2001 No20060869 . If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. II. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 3 of 12 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: Martin Site 2. T.I.P. Project Number (NCDOT Only): B-3045 and B-2639 3. Property Identification Number (Tax PIN): No. 602100630965 and 602100758046 4. Location County: Stokes Nearest Town: Lawsonville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Located 0.5 miles east of the intersection of Creasy Road (SR 1438) and NC HWY 704. From Raleigh: take HWY 220 N to 311/704 N near Madison, stay on 704. Site is on the right approximately 3.5 miles after the intersection of Hwy 8. 5. Site coordinates, if available (UTM or Lat/Long) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Pastureland used for cattle and hay production. Site contains Little Peter's Creek and two unnamed tributaries. Both have narrow riparian buffers and cattle have previously had access to the streams and are currently partially restricted. 7. Property size (acres): two parcels totaling 177.1 acres, conservation easement on 19.3 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Little Peters Creek, UT 1 and UT 2 9. River Basin: Roanoke - Upper Dan River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 4 of 12 10. Describe the purpose of the proposed work: to enhance approximately 720 linear ft. of UT2 through restoring dimension and bedform, to stabilize the confluence of UT2 and Little Peters Creek through re-alignment and cutting a bankfull bench and to enhance approximately 7710 linear ft of Little Peters Creek and 1790 linear ft. of U12 by removing cattle and planting a buffer, and to enhance 0.1 acre jurisdictional wetland through planting native wetland plant species. 11. List the type of equipment to be used to construct the project: Heavy duty construction equipment 12. Describe the land use in the vicinity of this project: Rural farmland and low density residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Wetlands on the site were delineated, flagged and mapped in November 2003. The total wetland acreaize on the site is 0.1 acres. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No 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 Page 5 of 12 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. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 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 tloodplains 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 littp://www.feina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.1 acres Total area of wetland impact proposed: none 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Enhancement 720 Lower reach of UT 2 11.5 - 16.8 ft Perennial * 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 Page 6 of 12 www.usV's.P'ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www tupozonc.com, www.mapouest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 720 feet 2. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres (if Name applicable) Wat) 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. 3. 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. The impacts are due to plans to enhance UT2 through modification of cross-sectional dimensions, bedform, and stabilization of its confluence with Little Peters Creek. These activities will eventually aid in returning this reach to its natural, and more stable, form. Page 7 of 12 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. The Buffer and Stream Mitigation Plan for Little Peters Creek (Martin Site) dated August 2005 and the Stokes County Buffer and Stream Mitigation construction plans (updated 5/06 based on comments from the agency meeting on 4/04/06) describe the stream mitigation and buffer plans in detail. Both documents have been previously provided to agency personnel. In general, the plan consists of re-establishing the natural, stable dimension and bedform of UT2 and stabilizing its confluence with Little Peters Creek through cutting a bankfull bench and re-alignment. These enhancement activities cover approximately 720 linear ft. The floodplain of the stream will be established through grading and replanted with appropriate woody species. Revegetation is planned for the entire project including the approximate 0.1- acre wetland. The plans also include conversion of an existing ford crossing tv crossing on UT2, installation of a new ford crossing on new location on UT2 and fencing out the cattle. Page 8 of 12 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at httn://h2o.enr.state.nc.us/wrp/index.htni. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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 (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/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 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 N X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify) Page 9 of 12 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 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. NCDOT BMP's will be utilized during project construction. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) 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 Page 10 of 12 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). $ to Applicant/Agent's Signature - bate' (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 C?CoG73 -N e5eS °l North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Cyndi B. Karoly, Supervisor 401 Oversight and Express Permits Unit ?J NCDWQ Wetlands and Stormwater Branch p 9 ow U Q u FROM: Ron Linville, Regional Coordinator Z JUN _ 9 2006 Habitat Conservation Program DENR - WATER QUALITY DATE: June 5, 2006 WETLANDS AND STORMWATER BRANCH SUBJECT: Martin Mitigation Site, TIP No. B-3045 & B-2639, DWQ No. 060869, Little Peters Creek and Unnamed Tributary Thereof, Stokes County NCDOT is requesting a 401 Water Quality Certification from the North Carolina Division of Water Quality to perform stream enhancement and restoration activities on portions of Little Peters Creek north of NC 704. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d). The proposed project will enhance about 720 linear feet of a tributary (UT2) on the Martin Site by restoring dimension and bedform and stabilizing the confluence with Little Peters Creek. The project will enhance approximately 7710 feet of Little Peters Creek plus enhancement of 1790 linear feet of UT2 by removing cattle, provision of riparian buffers and enhancement of a small wetland (0.1 acre) using autochthonous plants. Natural channel design and live stake/matting (stabilization) will be provided. In addition, an existing ford crossing will be replaced with a dry crossing (four 36" RCPs) and a new ford will be provided within the UT2 enhancement area. Based on an in office review of the project area, the site appears to be in or near Little Peters Creek Bluff, a Significant Natural Heritage Area (1839) and above a known site for the Riverweed darter, Ethostoma podostemone (NCSC) near NC 704 and Little Peters Creek. This darter is believed to be a host species for the James spinymussel, Pleurobema collina (FE) although this area probably does not provide suitable habitats for the mussel and none are known for the specific area. After review of the project proposal, improved aquatic habitats should be forthcoming. Accordingly, we will not object to the mitigation project providing the following non-prioritized recommendations are implemented to the extent practicable: Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Martin Mitigation, Little Peters Creek -Page 2 - June 5, 2006 1. The project should be accomplished in the dry while maintaining current active stream flows if the project is accomplished during warm water fish spawning season. 2. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. 3. Generally, bridges are recommended for all permanent crossings to eliminate the need to fill and/or culvert active floodplains. Bridges should be the standard practice where significant natural resources like trout, listed species, or site limitations like bedrock exist. Floodplain capacities and floodplain functions must be maintained with bridges and culverts. If culverts or pipes must be used instead of bridges, culverts should be designed and installed to allow passage of aquatic organisms. Culverts 48" or larger must be buried at least a foot (12") below the streambed. Culverts less than 48 inches diameter must be buried to a depth equal to or greater than twenty (20) percent their size to provide aquatic life passage. These measurements must be based on natural thalweg depths. Culverts should be situated so that no channel realignment or widening occurs. Widening of the stream channel at the inlet or outlet of structures causes a decrease in water depth and velocity resulting in increased sedimentation and diminished aquatic life passage. Where multiple barrels are used, the base flow barrel should be installed as indicated above while additional barrels should be placed so that their bottoms are located on the active bankful elevation. These bankful barrels must be connected to active floodplain benches to ensure/provide natural dimensions for the base flow channel with sufficient water depth during low water and drought conditions to accommodate movement of aquatic species. 4. Natural Resource Conservation Service (MRCS) approved cattle ford designs must be used for any wet crossings. Concrete or other flat crossings or aprons must provide aquatic life passage as described above for culverts. 5. Any riprap used must not be placed in the streambed or in a manner to impeded aquatic life movement during low flow or drought conditions. 6. If any mussels are observed in the work area during stream construction, professional identification should be provided by certified mussel biologists prior to continuing work to ensure that impacts will not occur to federally listed mussel species. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Ec: John Thomas, USACOE-RRO Marla Chambers, NCWRC Marella Buncick, USFWS-ARO Kathy Matthews, USEPA Diane Hampton, NCDOT