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HomeMy WebLinkAbout20060994 Ver 1_Complete File_20060919? W A j F Michael F. Easley, Governor \O?? RpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ?- Alan W. Klimek, P.E. Director Division of Water Quality O ? DWQ Project No.: 2:001p 09 9 4 VfV- Z County: Applicant: NC-1>D T- PIV 5 ?o?+ G ?wnc.Q Project Name: 52 19 x 01 (Rwr Nett ?? ? - e+w¢^o,Qn ? f A-po,; Y Date of Issuance of 401 Water Quality Certification: 0-7.1 IS0lp Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, Ton/ G. /Jan" hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent o e 1 Water Quality Certification and Buffer Rules, the approved plans and specifications, and o er sup materials. Signature: Date: / Agent's Certificatio I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date pr 44 ? l; SEP ? 20q ?C H One NwhCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: httgJ/h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 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 DWQ Project No.: 200(0 0 99 `f County: tAlCc ke Applicant: AlCboT TPIV 5, art/ 9. A 4,1ce Project Name: 59 1909 (PUirAt // Road) - @ vNGY9Cr?Gy ?.??a: r Date of Issuance of 401 Water Quality Certification: 04,12010(o Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, 73-j? G, Nance , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent oft 1 Water Quality Certification and Buffer Rules, the approved plans and specifications, and oth sup materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date #Ik4? sep ??4w, 1 IIV T 1-1'0S,q SiT-? Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Intemet: httpJ/h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper \ NAT ?94G - 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 July 13, 2006 Wake County DWQ Project No. 20060994 ver.2 SR 1909 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2312 North Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of emergency pipe repair to SR 1909 in Wake County: Stream Impacts in the Neuse. River Basin Site Culvert Impact to Perennial Stream (linear ft). Rip Rap Impact to Perennial Stream linear ft Temporary Dewatering to Perennial Stream linear ft Total Stream Impact linear ft). 1 14 20 34 Concurrent 34 2 8 20 28. Concurrent 28. Total: 22 40 62 Concurrent 62 Total Stream Impact for Project: 62 linear feet. Neuse Rinarian Buffer Impacts Site Zone 1 minus = Zone 1 Zone 1. Buffer Zone 2 minus = Zone. 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) (using 1.5:1 . s ft ratio) 1 1,780 0 1,780 N/A 1,186 0 1,186 N/A 2 2,345 0 2,345 N/A 1,629 0 1,629 N/A Total: 4,125 0 4,125 0 2,815 0 2,815 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 6,940 square feet. The project shall be constructed in accordance with your application dated received July 12, 2006. This certification replaces the one issued for this project on June 20, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3494 and 3366. This certification corresponds to the Nationwide Permit 03 and Nationwide Permit 33issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233).. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. c Caro a Transportation Permitting Unit 1Vp ailtura J? 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 "? 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper W ATF Michael F. Easley, Governor Q Q? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` r Alan W. Klimek, P.E. Director ] Division of Water Quality o ? This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below. Conditions of Certification: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the. transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the. next growing season following completion of construction.' 3. Pursuant to. NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,. sediment and erosion control devices. shall be allowed in Zone 2. of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 4. Placement of culverts and other structures. in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48. inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48. inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds. or banks, adjacent to or upstream and down stream of the above structures. The applicant is. required to. provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, the culvert shall be placed as low as possible and DWQ informed in writing that this was the case. 5. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Ane Caro? a Transportation Permitting Unit 1Vp;th?U ail 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?/1/a 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper W A 7-? Michael F. Easley, Governor ?Q ?? pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ Vj Alan W. Klimek, P.E. Director ] Division of Water Quality o -c 9. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BUT measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into. the stream. 13. 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. 14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. The. permittee and its authorized agents shall conduct its. activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance,. DWQ may reevaluate and modify this certification. 17. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition,. the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities.. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 19. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.. 20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. ?n ?ffiCarolina Transportation Permitting Unit NKturall,# 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper OF W ATL- 9 7 ? o -? C 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 23. 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. If you do. not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date. that you receive this letter. To ask for a hearing, send a written petition that conforms. to Chapter 150B of the. North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,. Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.. If you have any questions, please contact Rob Ridings at (919)733-9817.. Attachment cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy ) , CarO%j r"turQ"y Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htti):!/h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Jul-12-2006 16:03 Fran-DIV 5 819-560-33T1 T-100 P.002/018 F-331 D6D99yv.a g aF ST?a . A' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. ]EASLEY LYNDO T1PP>E"1'T GOVERNOR SECRETARY July 12, 2046 U.S. Army Corps of Engineers Raleigh Regulatory Field Office v D 6508 Fails of the Neuse Road, Suite 120 Raleigh, IBC 27609 JUL 12 2006 Attention: Mr. Eric Alsimeyer, NCDOT Coordinator DENR-WATER QUALITY WETLANDS AND STORMWATER BRANCH Subject: Revised Application and WQC mod request for emergency replacements of structures conveying an unnamed tributary to Lowery Creek (Site 1) and Lowery Creek (Site 2) on SR 1909 (Purnell Road) near Wake Forest in Wake County. Re: DWQ Project No. 20060994 Heavy rains associated with Tropical Storm Alberto On June 14, 2006 have resulted in damage to two existing structures conveying an unnamed tributary to Lowery Creek (Site 1) and Lowery Creek (Site 1) on SR 1909 (Purnell Road) Northwest of Wake Forest in Wake County (Figures 1 - 4). Flooding in the area of these crosslines caused the pipes to disconnect and the roadway shoulders above these pipes have failed, The North Carolina Department of Transportation (NCDOT) proposes to replacement these structures with longer structures. Please note that the extra pipe length is needed in order to provide safe roadway shoulder widths and slopes above these pipes. Impacts to Waters of the United States Site I; The project crosses a perennial stream, an unnamed tributary to Lowery Creek, [NCDENR-D'WQ Index No. 27-16.7(1), Best Usage Classification WS-IV NSW; HUC 03020201] in the Neuse River Basin. The existing structure that conveys the creek is a 24-inch concrete pipe that is 34 feet long. Please note that the existing structure has separated on the outlet end and roadway shoulders above both ends of this pipe have failed (Photographs 1 and 2). This pipe is beyond repair and will be replaced with a 36- inch corrugated metal pipe that is 48 feet long. Once the pipe is replaced the associated roadway shoulders will be rebuilt and the area surrounding the pipe ends will be stabilized using riprap for armoring. The NCDOT proposes to temporarily dewater the work zone during the construction. This will involve the temporary placement of sandbags in the creek upstream and downstream of construction. Once the stream has been dewatered, the pipe will be replaced. Permanent impacts at the site involve a total of 14 feet of surface water fill and 20 feet of rip rap placed along the streambanks to protect Division 5,2612 N. Duke Street, Durham, NC 27704 Phone: (919)560-6081 Fax: (919) 560-3371 JUL-12-2006 WED 15:45 TEL:9197336e93 NAME:DWO-WETLANDS P. 2 Jul-12-2006 16:03 From-DIV 5 919-560-33T1 T-100 P.003/018 F-331 the pipe ends. The work zone will be dewatered for approximately 2 days. Temporary impacts to the stream from this activity will result in the dewatering of 34 linear feet of stream. Please note the location of the sandbags on the downstream side. By dewatering to beyond the riprap that was washed away from our roadway shoulder, NCDOT will be able to remove this stone from the stream channel while the site is dewatered. The materials used for dewatering will be removed after construction. S_ite_ 2: The project crosses a perennial stream, Lowery Creek, (NCDENR-DWQ Index No. 27-16.7(1), Best Usage Classification WS-1V NSW; HUC 03020201] in the Neuse River Basin. The existing structure that conveys the creek is a 36-inch corrugate metal pipe that is 42 feet long. Please note that the existing structure is rusted out and beyond repair. The roadway shoulders above both ends of this pipe have failed. This pipe will be replaced with a 36-inch corrugated metal pipe that is 50 feet long. Once the pipe is replaced the associated roadway shoulders will be rebuilt and the area surrounding the pipe ends will be stabilized using riprap for armoring. The NCDOT proposes to temporarily dewater the work zone during the construction. This will involve the temporary placement of sandbags in the creek upstream, and downstream of construction. Once the stream has been dewatered, the pipe will be replaced. Permanent impacts at the site involve a total of 8 feet of surface water fill and 20 feet of rip rap placed along the streambanks to protect the pipe ends. The work zone will be dewatered for approximately 2 days. Temporary concurrent impacts to the stream from this activity will result in the dewatering of 28 linear feet of stream. The materials used for dewatering will be removed after construction. Please note that although soils mapping for this crossing indicates the present of hydrie soil, Worsham sandy loam soil, no wetlands exist within the project site and therefore no wetlands will be impacted by this repair. Riparian Buffer Construction at these sites involve crossings of streams that are subject to the Meuse River Riparian Buffer Rules. The UT to Lowery Creek at Site 1 and Lowery Creek at Site 2 are both depicted on the most recent version of the Grissom (USCS 1978/1987) topographic quadrangle (Figure 1) as well as the Soil Survey of Wake County (USDA- SCS 1970) (Figure 2). Construction impacts at these sites are presented in the attached PCN form (Site 1: 34 linear feet) and (Site 2: 28 linear feet). Based on the impacts to the riparian buffer at these sites, these crossings are EXEMPT. Waters of the U.S. Mitigation ,Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment. or storage of construction supplies will be allowed in wetlands or near surface waters. _Minimizatiow. The side slopes have been steepened to the extent possible at jurisdictional sites. 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. JUL-12-2006 WED 15:46 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 Jul-12-2006 16:04 From-DIY 5 919-560-3371 T-100 P-004/018 F-331 3 Compensatory Mitigation: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. 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 ESA. There are four federally protected species listed for Wake County- They include bald eagle (Hallaeetus leucocephalus), red-cockaded woodpecker (Ficoides borealis), dwarf wedgemussel (Alasmidonra heterdon), and Michaux's sumac (Rhus michauxii). The project sites are not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The open residential and agricultural land surrounding this roadway do not offer suitable forging or nesting habitat for. red-cockaded woodpecker. Roadway shoulders along these sections of SR 1909 are heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area. Additionally, these small streams are within the headwaters of their system between two ponds and do not provide suitable habitat for dwarf wedgemussel. Based on lack of suitable habitat observed during the 06/16/06 site visit, biological conclusions of No Effect have been rendered for each of these species. Summary The NCDOT proposes to replace existing structures at two sites and rebuild the associated roadway shoulders. permanent impacts to surface waters and riparian buffers are proposed. Extra pipe length proposed is to ensure safer roadway shoulder widths and slopes above these pipes. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the NCDWQ as Section 401 Water Quality Certification (WQC) No. 3494 and No. 3366 will be utilized for construction of this project. The NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919) 560-6081. Sincerely, y? on G. Nance, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit Mr. Battle Whitley, NCDOT District 1 Engineer Mr. Jeff Allen, NCDOT Wake County Maintenance Engineer Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Tech JUL-12-2006 WED 15:46 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 Jul-12-2006 16:04 From-DIV 5 JI_IL-1L'_-L 919-560-3371 T-100 P.005/018 F-331 Photograph 1. View of inlet. Jul-12-2006 16:05 From-DIV 5 919-560-3371 T-100 P. 006/018 F-331 /- -- a 'c r r r 1 1 1 y' r, , S 1 J lir ! V xr r.. L t , ?? 9 r???•r r ? ? 1:./! r , r.`t •_1 r.. - ?'.? 1i \?a'L?"? .t •?I! ?.?-. '? x ?? lr , ' r ( hS! - `eT+ 4l ,)_ [ l 1 r J . J S 7 < r ? jr . sue. r t ? r ! 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I Ir \1 \ 1 -\ 7 / / 7 l \1 ?t ? J r?• / } Project Study Area SR 1909 (Purnell Road) • , S tf ?.., l ' J }jar Wake County v?,? jPfr' \? ` ?r c°f ??• l?--? Grissom ,-? USGS Topo Map (1978/1987) 1 ?'m,- 7::?. ??.? _? , c'=' `' ?? lv?;r' lc r Figure 1 1 X24.000 JUL-1E-2AOG WED i s4( TEL:9197336593 NAME:DWQ-WETLANDS P. 6 Jul-12-2006 16:06 From-DIV 5 919-560-3371 T-100 P.007/018 F-331 VNAKF COUNTY, NORTH CAROLINA - sh.e,e+ Q NAME:DWQ-WETLANDS s.. Project Study Area 5121909 (Purnell Road) Wake County USDA-SCS (1970) - sheet 7 _TUL-1E-200 WED 15748 TEL:9197336893 P. 7 Jul-12-2006 16:07 From-DIV 5 V O c ? o L + 47 Q Cl Q L r 4 Bc O O CL c o L a L U U7 C L CL U) O c L X Q R+ µJ U (L d7 Li O ,' A??\^\\tVyl zi `. m 0• v v C c o L N m 4- O O 3 O t V C m L 9 O 4- Q 0 a L O 4n O O ? - L.1 m C VS Vy L CL 919-560-3371 T-100 P-008/018 F-331 W u c w A, e e ? w O ? ? ~ 3 yy O U v M 1 ICE H r-? N 0 a ? v c C L v to y- ? C 4 ? m r v C m L o m °' U D 0. 0 r 4 3 4 L JUL-12-2006 WED 15:49 TEL:9197336893 NAME:DWO-WETLANDS P. 8 Ju1-12-2006 16:07 From-DIV 5 Office Use Only: USA.CE Action ID No. (If any particular item is not I. Processing 919-560-3371 T-100 P-010/016 F-331 Form Vmion March 05 DWO No. o60?FZ1 e. to this project, please enter "Not Applicable" or "NIA".) 1. Check all of the approval(s) requested for this project: Section 404 Permit [K Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Managernent 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 Ion G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: 919 560-6851 Fax Number: 919 560-3371 E-mail Address: JNance@dot.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: Fax Number: E-mail Address: Page 1 of 9 JUL-12-2006 WED 15:50 TEL:9197336893 NAME:DWQ-WETLANDS P. 10 Jul-12-2006 16:08 From-DIV 5 III. Project Information 919-560-3371 T-100 P-011/018 F-331 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 fall-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 emergency replacements of structures convey an unnamed tributary to Lowery Creek (Site 1) and Lowery Creek (Site 2) on SR. 1909 (Purnell Road) in Wake County. _- 2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA 3. Property Identification Number (Tax PIN): N/A 4. Location County: Fake Nearest Town: Wake Forest Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.):_ from US 1 junction with Hwy 98 near Wake Forest, follow US 1 North for approximately 2.0 miles. Make a left onto SR 1909 Purnell Road) and travel Vilest for aotfroximately 3.4 miles to Site 2. Site l .is 0.2 mile West of Site 2. 5. 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): Sitel: 36.0151 °N 78.5857 °W Site 1: 36.0161 °N 78.5797 °W 6. Property size (acres): 0.2 acre for each 7. Flame of nearest receiving body of water: owerv Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at Ilug://h2o enr.state.nc.us/admin/maps/.) Page 2 of 9 JUL-12-2006 WED 15:50 TEL:9197336993 NAME:DWQ-WETLANDS P. 11 Jul-12-2006 16:08 From-DIV 5 IV. V. VI. 919-560-3371 T-100 P-012/018 F-331 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Sites are surrounded b agricultural land and residences. 10. Describe the overall project in detail, including the type of equipment to be used: So that the failed shoulders at each site can be repaired. the NC OT will replace existing rusted out and separated ypes with lamer metal pipes Rip rap armoring will be added to stabilize the stream banks and shoulder fill sections above all _vie ends. The NCDOT will also dewater the work zones during construction Equipment may include excavator, backhoe, bulldozer, ader, and crane. 11. Explain the purpose of the proposed work: Hea rains associated with Tropical Storm Alberto on June 14, 2006 caused flooding in the area of these crosslines resulting in disconnected pipes and failed shoulders. 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 Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A 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. Page 3 of 9 JUL-12-2006 WED 15:50 TEL:9197336893 NAME:DWQ-WETLANDS P. 12 Jul-12-2006 16:06 From-DIV 5 919-560-3371 T-100 P.013/013 F-331 Provide a written description of the proposed impacts: Longer pipes are needed at both Site I and Site 2 so that NCDOT can reconstruct safe shoulder widths and Sloes. Existing steep slopes and narrow shoulders have contributed to unstable and unsafe conditions at these sites. Temporary dewaterin of these streuns is necessary to =lace these i es. Once the pipes are replaced. the NCD(?1T will _rena&rebuild_ the existing roadway shotlders by back fillies the slopes and armoring the 1,pe ends and stream banks with rip rap. Stone material that washed into the stream channel at Site 1 will be removed. 1. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, s ara t'el list im acts due to both structure and floodi n . Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (es/no linear feet 'QUA N/A N/A N/A N/A N/A Total Wetland Impact (acres) 2. Dist the total acreage (estimated) of all existing wetlands on the property: N/A NIA 3. 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, ditchingistraightening, 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 or Average Impact Area of Number Stream Name Type of Impact Interrnittent4 Stream Width Length Impact indicate on Ma Before Impact linear feet) acres Site 1 UT Lowery Creek Fill (piped length) Perennial 3.0 14 0.0009 Rip rap armoring 20 0.0014 streb alonp - Temporary 34 0.0023 dewatering 30' concurrent 0.002 con 2 .0 Site 2 bowery Creek Fill (piped length) Perennial 8 0.0004 Rip rap armoring 20 0,0009 along stream bank Temporary 28 0.0013 dewatering cu concurrent oneum cneuYfOrtt Total Stream Im pact (by length and ac reage) from x sites 4'00' Page 4 of 9 JUL-12-2006 WED 15:50 TEL:9197336893 NAME:DWQ-WETLANDS P. 13 Jul-12-2006 16:08 From-DIV 5 919-560-3371 T-100 P.014/018 F-331 4. 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, draina e, bulkheads, etc. Open Water Impact Type of Waterbody Area of Name of Waterbody of Im act (lake, pond, estuary, sound, bay, impact indicate Site on Number (if applicable) T p ocean, etc.) (acres) ma NIA Total Open Water Impact (acres) NIA 5. List the alative irn ct to all Waters of the U.S. resulting from the Project Stream Im act acres): 0.0036 Wetland Irn act acres): NONE en Water impact acres): NONE Total Im act to Waters of the U.S. (acres) 0.0036 Total Stream impact (linear feet): 62 6. 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 USAGE. N/A 7. 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 Current land use in the vicinity of the pond: NIA Size of watershed draining to pond: NIA 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 Page S of9 JUL-12-2806 WED 15:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 14 Jul-12-2006 16:08 From-DIV 5 919-560-3371 T-100 P.015/018 F-331 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 Mana einent Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of fill necessar to complete the roject will be laced in waters of the United States_ V111. Mitigation DWQ - In accordance with 15A NCAC 2FI .0500, mitigation may be required by the ITC 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 USAGE 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 emr state.ne.us/newetlands/strmL-ide.btrnl. 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 (acreageJlinear 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. All compensator mitigation requirements will be left to the discretion of the re Mato y review agencies. 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 wxitten 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 Page 6of9 JUL-12-2006 WED 15:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 15 website at htlp://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): 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 V Yes ® No ? 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. Site 1 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,780 3 (2 for Catawba) N/A 2 1,186 1.5 N/A Total 2,966 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. Page 7 of 9 Jul-12-2006 16:09 From-DIV 5 Site 2 919-560-33TI T-100 P-017/018 F-331 Zane* Impact (square feet Multiplier Required !Lfi tion 1 2,345 3 (2 for Catawba) N/A 2 1,629 1.5 NIA Total 3,974 N/A * Zone 1 rxteods out 30 fea perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edgy of Zone i _ 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 . Please attach all appropriate information as identified Riparian Buffer Restoration Fund) within 15A NCAC 2B .0242 or .4244, or .0264. N/A XL Stormwater (required by D'WQ) 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 200%, please provide calculations demonstrating total proposed impervious level. No additional ervious surface is proposed with these maintenance pipe replacement proiects Erosion and sediment control devices at these sites are comprised of temporary dey watering and rip ray armoring of new structure ends. XIL 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. These ro'ects will not generate wastewater. XIIT. Violations (required by D'WQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the=fact permit application? Yes 0 No 0 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 ? Na 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 httR://h2o.enr.s Lte.nc.us/ncwetlands. If no, please provide a short narrative description: This maintenance project will not result in additional develgMgnt. Page 8 of 9 JUL-12-2006 WED 15:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 17 Jul-12-2006 16:09 From-DIV 5 XV. Other Circumstances (Optional): 919-560-3371 T-100 P-018/018 F-331 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). 9_ _ ? . n- - 071 a Applicant/Agent's ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 JUL-12-2006 WED 15:52 TEL:9197336893 NAME:DWQ-WETLANDS P. 18 Jul-12-2006 16:03 From-DIV 5 919-560-3371 T-100 P.001/018 F-331 NCDOT - DIVISION FIVE r FAX To: Phone: Fax phone: CC: Date: _ 7 Number of pages including cover sheet: 19- From: NCDOT - DIVISION 5 2612 N, DUKE STREET DURHAKMC _27704_ PeA 14-A Phone: 919-560-6851 Fax phone: 919-560-3371 RFMAM: rgcnt ? Foryowreview [3 Reply ASAP ? please comment ??/? ?y?f?? Z69 O?op9? JUL-12-2086 WED 15:45 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 ?!? WATfi?Q 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 20, 2006 Wake County DWQ Project No. 20060994 SR 1909 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2312 North Duke Street Durham, NC 27704 Dear Mr. Nance:. You have our approval, in accordance with the, conditions listed below, for the following impacts for the purpose of emergency pipe repair to SR 1909 in Wake County: Stream Impacts in the Neuse River Basin Site Culvert Impact to. Rip. Rap. Impact to Temporary Dewatering Total Stream Perennial Stream Perennial Stream to Perennial Stream Impact (linear ft (linear ft (linear ft (linear ft 1 4 20 24 (Concurrent) 31. 7 Additional Total: 4 20 31, 31. Total Stream Impact for Project:. 31 linear feet. Neuse Riparian Buffer. Impacts Site Zone 1 minus. = Zone 1 Zone 2 Zone 1. Buffe minus. = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (sq ft) (sq ft) (using 3:1 ratio 1 (sq. ft) wetlands). (using 1.5:1. s ft ratio). 1 1,970 0 1,970 N/A 1,347 0 1,347, N/A Total: 1,970 0 1,970 1,347 0 0 1,347 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project:. 3,317 square feet. The project shall be constructed in accordance with your application dated received June 20, 2006.. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3494 and 3366. This certification corresponds to the Nationwide Permit 03 and Nationwide Permit 33issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. lVo Carona Transportation Permitting Unit ?"tU a? 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Intemet: htta://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper W A Michael F. Easley, Governor A" 0 ?Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ?r Alan W. Klimek, P.E. Director j =1 Division of Water Quality Q 'C This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below. Conditions of Certification: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegated.. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 3. Pursuant to NCAC15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the. NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,. sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.. 4.. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts. with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less. than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands. or streambeds or banks, adjacent to or upstream and down stream of the above structures.. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, the culvert shall be placed as. low as possible and DWQ informed in writing that this was the case. 5. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. NN?o°OhCarolina Transportation Permitting Unit d ?u?l[rQ??l? 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-68931 Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper \f A T? Michael F. Easley, Governor 0?0 ?QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` CO r Alan W. Klimek, P.E. Director Division of Water Quality 9. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BW measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. 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. 14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is. prohibited. 16. The permittee and its. authorized agents. shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards. or laws. are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that fiuther conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 17. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to. areas within the fencing are. prohibited unless otherwise authorized by this certification. 19., Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless. otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. hone Caro ' a Transportation Permitting Unit Vaturail 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper F NJA7-F Michael F. Easley, Governor `OHO ?QG William G. Ross Jr., Secretary e' North Carolina Department of Environment and Natural Resources C0 Alan W. Klimek, P.E. Director j Division of Water Quality t3 'C 23. 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. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days. of the date that you receive this. letter. To. ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the. Office of Administrative Hearings, 6714 Mail Service. Center,. Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Rob. Ridings at (919)733-9817. f? Alan W. Klimek, P.E. Attachments (General Certifications and Certificate of Completion form) cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy Wne ?0 !a Transportation Permitting Unit d vu?U alp 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http:/lh2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Jun-20-2006 12:04 From-DIV 5 919-560-3371 a d? 4 STATE of NORTH CAROLINA io co m DEPARTMENT OF TRANSPORTATION V GOVERNOR SaCRETAR A Attention: Mr. Eric Alsmeyer, NCDOT Coordinator MICHAEL F. EASLEY LYI?O TIPP June 20, 2006 U.S. Army Corps of Engineers Raleigh Regulatory Field office 608 Falls of the Neese Road, Suite 120 ? Raleigh, NC 27609 c z t? O ? C=) 0 0 11r- Subject: Proposed emergency repair of a structure conveying an unnamed tributary to Lowery Creek on SR 1909 (Purnell Road) near Wake Forest in Wake County. Heavy rains associated with Tropical Storm Alberto on June 14, 2006 have resulted in damage to an existing structure conveying an unnamed tributary to Lowery Creek on SR 1909 (Purnell Road) Northwest of Wake Forest in Wake County. Flooding in the area of this crosslines caused the last joint on the outlet end to disconnect and the roadway shoulders above both ends of the pipe have failed. The North Carolina Department of Transportation (NCDOT) proposes to repair the structure and the associated roadway shoulders (Figures 1 - 3). Impacts to Waters of the United States The project crosses a perennial stream, an unnamed tributary to Lowery Creek, [NCDENR-DWQ Index No. 27-16.7(1), Best Usage Classification WS-IV NSW; HUC 030202011 (Figure 3) in the Neuse River Basin. The existing structure that conveys the creek is a 24-inch concrete pipe that is 34 feet long. Please note that the existing structure has separated on the outlet end and roadway shoulders above both ends of this pipe have failed (Photographs 1 and 2). In order to repair the roadway shoulders, the last joint on the outlet end of this structure will need to be reset and one four foot joint will be added to the inlet end of this structure. Once the pipe ends are set, the associated roadway shoulders will be rebuilt and the area surrounding the pipe ends will be stabilized using riprap for armoring. The NCDOT proposes to temporarily dewater the work zone during the construction. This will involve the temporary placement of sandbags in the creek upstream and downstream of construction. Once the stream has been dewatered, the pipe will be repaired. Permanent impacts at the site involve a total of 4 feet of surface water fill and 20 feet of rip rap placed along the strearnbank to protect the pipe ends. The work zone will be dewatered for approximately 2 days. Temporary impacts to the stream from this activity will result in the dewatering of 31 linear feet of stream. Please note the location of the sandbags on the downstream side. By dewatering to beyond the riprap that was washed away from our roadway shoulder, NCDOT will be able to remove this stone Division 5, 2612 N. Duke Street, Durum, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 T-952 P-002/016 F-077 060994 JUN-20-2006 TUE 11:47 TEL:9197336e93 NAME:DWQ-WETLANDS P. 2 Jun-20-2006 12:04 Fron-DIV 5 919-560-3371 T-052 P.003/016 F-077 Z from the stream channel while the site is dewatered. The materials used for dewatering will be removed after construction. Please note that although soils mapping for this crossing indicates the present of hydrie soil, Worsham sandy loam soil, no wetlands exist within the project site and therefore no wetlands will be impacted by this repair. Riparian Buffer Construction at this site involves a road crossing of a stream that is subject to the Neuse River Riparian Buffer Rules. The UT to Lowery Creek at Site 1 is depicted on the most recent version of the Grissom (USGS 1978/1987) topographic quadrangle (Figure 1) as well as the Soil Survey of Wake County (USDA-SCS 1970) (Figure 2). Construction impacts at this site total 1,970 fe in Zone 1 and 1,317 ft2 in Zone 2 (totaling 31 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. 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: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. 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 ESA. There are four federally protected species listed for Wake County. They include bald eagle (Hahaeetus leucocephalus), red-cockaded woodpecker (,Pieoides borealis), dwarf wedgemussel (Alasmidonta heterdon), and Michawc's sumac (Rhus michauxii). The project site is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The open residential and agricultural land surrounding this roadway do not offer suitable forging or nesting habitat for red-cockaded woodpecker. Roadway shoulders along this section of SR 1909 are heavily maintained, eliminating the possibility for Miehaux`s sumac to exist in this area. Additionally, this small UT to Lowery Ceek is within the headwaters of its system between two ponds and does not provide suitable habitat for dwarf wedgemussel_ Based on lack of suitable habitat observed during the 06/16/06 site visit, biological conclusions of No Effect have been rendered for each of these species. JUN-20-2006 TUE 11:47 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 Jun-20-2006 12:04 From-DIY 5 Summary 919-560-3371 T-952 P.004/016 F-OTT The NCDOT proposes to repair the existing structure and rebuild the roadway shoulders, Permanent impacts at the site associated with this repair work involve a total of 4 feet of surface water fill and 20 feet of rip rap placed along the streambank to protect the pipe ends. The work zone will be dewatered for approximately 2 days, Temporary impacts to the stream from this activity will result in the dewatering of 31 linear feet of stream. The materials used for dewatering will be removed after construction. Riparian buffer impacts at Site 1 associated with this maintenance activity total 1,970 fly in Zone 1 and 1,347 ft in Zone 2 (totaling 31 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the NCDWQ as Section 401 Water Quality Certification (WQC) No. 3494 and No. 3366 will be utilized for construction of this project. The NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919) 560-6081. Sincerely, A .nkc' Jon G. Nance, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit Mr. Battle Whitley, NCDOT District 1 Engineer Mr. Jeff Allen, NCDOT Wake County Maintenance Engineer Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Tech JUN-20-2006 TUE 11:47 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 S C] SGNH-l13M-DM0:9WHN 2G992ZZ6Z6:X21 8b:ZZ 3ni 9002-02-Nnf, Xluno,D aVA? - (peon itauJnd) 6061 21S '1apno xuoaj uueal4sumop M41A, 'Z gdu-itoaogd 210-d 910/900 d Z96-1 11 EE-099-616 9 AIC-woad bO:ZI 90OZ-OZ-unr •jalui 3o matte •1 udvatoXogd. 9 ' d SONh-l1SM- JMa : 3WUN 2689rML6T6 : T]1 6t7: T T 3 11 goo2-o -rill, 000`17Z:1 arn3i3 w (LS61/8461) dUIV odo j, SgSn Z 'Not /4unOD WPM tt0 8u.1nd) 6061 US ? rosy J(puls laafe4d • ll ``•? ?' 'f/??1? ../ "{tv ?? 1 ? ??? 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(pro-d 114u-ind) 6061 US ea.ad ApnjS laafoad Q + 2,115 SGNd-l18M-OMG:3WdN - VNIIOdVa HI?JQN 'uNnoo iNvm 110-d 9 10/100d Z96-1 11EE-099-616 9 RIO-woad 90:Z1 900Z-OZ-unf 2689S2Z6T6:-l81 BS:ZZ 8nl goof-o2-Nnl Jun-20-2006 12:07 From-DIV 5 919-560-3371 T-952 P.003/016 F-OTT U D L. c co a L. } AD a o L 4 'x C c ? ? rr _a c sF H + L N C L d c ?- o w c L - x 0 a. u.. w to LU `.. I Co P O d ? ? C C q L m a h- '? P O 3 O ? ro c ? L E O O 4- U P a µ H w r w o?. ao a a7 d W q A a o c ? L v m y„ o a # t v G L ? O E ? m V O CL v P rn O G C rn _ ? C N L 7 a JUN-20-2086 TUE 11:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 8 Jun-20-2006 12:08 From-DIV 5 919-560-3371 T-952 P.009/016 F-077 Office Use Only: F9 V901rch 05 USACE Action ID No. DWQ No.060 (If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA" ) I. 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 9 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section V111, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? U. 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; JNance@dot 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: Page i of 8 Fax Number: JUN-20-2006 TUE 11:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 9 Jun-20-2006 12:06 Fran-DIV 5 III. Project Information 919-560-3371 T-952 P-010/016 F-077 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 USOS Topographic Quad Map and NRCS Soil Survey with the property boundaries oatlined. 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 l l 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. unnamed tributary 1. Name of project: Proposed emergency repair of a structure convevins an to Lowery Creek on SR 1909 (Purnell Road) in Wake County. 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. Wake Nearest Town; Wake Forest Subdivision name (include phase/)ot number): N/A Directions to site (include road numbers, landmarks, etc.): From US 1 junction with Hwy near Wake Forest follow US 1 North for approximately 2.0 miles._ Make a left onto SR 1909 (Purnell Road) and travel West for approximately 3.4 miles to project site. 5. 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): 36.0161 "N 78.5797 °W 6. Property size (acres): 0.2 acre 7. Name of nearest receiving body of water:, UT Lowery Creek 8. River Basin: Neuse (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/adniin/inaRs/,) 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 agricultural land and residences. Page 2 of 8 JUN-20-2006 TUE 11:51 TEL:9197336893 NAME:DWQ-WETLANDS P. 10 Jun-20-2006 12:08 From-DIV 5 IV. V. VI. 919-560-3371 T-952 P.011/016 F-OTT 10, Describe the overall project in detail, including the type of equipment to be used: So that the failed shoulders can be rgRaired, the NCDOT will reset the last joint on the outlet end and add one joint to the inlet end of the existing concrete pipe. Rip rap armoring will be added to stabilize the stream banks and shoulder fill section above the pipe ends. The NCDOT will also dewater the work zone during construction. _Eggipment_may include excavator, backhoe, bulldozer, grader and crane. 11. Explain the purpose of the proposed work: Hea rains associated with Tropical Storm Alberto on June 14, 2006 caused flooding in the area of this crossline resulting in a disconnected pipe and failed shoulders at both the inlet and outlet of this pipe. Prior Project History if jurisdictional detenninations 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 tiSACE 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 Future Project Plans Are any firture 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. 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. Provide a written description of the proposed impacts: Four feet of surface water fill will result from adding a ioint the inlet of the pipe. Dewatering the stream is necessary to make repairs to the Ripe ends Once the giUe ends are set the NCDOT will repair the existingroadway shoulders by back filling the slopes and armoring the pipe ends and stream banks with rip rap. Stone material that washed into the stream channel by the storm will be removed. Page 3 of 8 JUN-20-2006 TUE 11:52 TEL:9197336893 NAME:DWQ-WETLANDS P. 11 Jun-20-2006 12:06 From-DIY 5 919-560-3371 T-952 P.012/016 F-077 1. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc_ For dams, 1!,1 . ..w.. A— +_ 1,-t.U ot -nfitra anal 'FlAA/JinC, Jir Wt R L4' Located within Distance TO Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet NIA N/A NIA N/A N/A N/A Total Wetland Impact (acres) N/A 2, List the total acreage (estimated) of all existing wetlands on the property: N/A 3. Individually list all intermittent and perennial stream impacts, Be surd 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/straiebtening, 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. Strewn Impact Perennial or Average Impact Area of Number Stream Name Type of Impact InterminenO Stream Width I -ngth Impact indicate on map) Before Impact linear feet (acres) Site 1 UT Lowery Creek Fill (piped length) Perennial 3.0 4 0.0003 Rip rap armoring 20 0.00M aloe stream bank P 31 OA0?i tering dewa 24' ccticurrenl Total Stream Impact (by length and acreage) 31 0.0038 4. 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 M11F -+.,.. .i.-r.;-e, 41nnA;r?n tirainnaP hi,11chPArlc_ etC_ Open Water Impact Type of Waterbody Area of , Site Number Name of Watorbody Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma {if applicable) ocean, etc. acres) N/A Tots] Open Water Impact (acres) NIA 5. List the cumulative im act to all 'W'aters of the U.S. resulting from the project: Stream Ira pact acres : 0.0038 Wetland Impact (acres : NONE en Water Impact (acre's): NONE Total Im act to Waters of the U.S. acres) 0.0038 Total Stream impact (linear feet). 31 Page 4 of 8 JUN-20-2006 TUE 11:52 TEL:9197336593 NAME:DWQ-WETLANDS P. 12 Jun-20-2006 12:09 From-DIV 5 919-560-3371 T-952 PA 13/016 F-077 VII. b. Isolated Waters Do any isolated waters exist on the property? [] Yes 0 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 7. 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 Current land use in the vicinity of the pond: NIA Size of watershed draining to pond: N/A Expected pond surface area= N/A 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 necessMto 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 Page 5 of 8 JUN-20-2006 TUE 11:52 TEL:9197336893 NAME:DWQ-WETLANDS P. 13 Jun-20-2006 12:09 From-DIV 5 919-560-3371 T-952 P-014/016 F-077 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 USAGE 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 htw:/,fh2o enr state nc us/ncwetlands/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 reap, ifoffsite), affected stream and river basin, type and arnount (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 constraction. Please attach a separate sheet if more space is needed. All compensatorymitigation requirements will be left to the discretion of the re lgu atory_ review agencies. 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•l/h2o.enr.state.nc.us/wrp/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): 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): 1\/A IX Enviroomental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate/loeal) funds or the use of public (federal/state) land? Yes [K 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 Page 6 of 8 JUN-20-2006 TUE 11:52 TEL:9197336893 NAME:DWQ-WETLANDS P. 14 Jun-20-2006 12:09 From-DIV 5 X. 919-560-3371 - T-952 P.015/016 F-077 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 ? 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 snap, whether or not impacts are proposed to the buffers. Correspondence from the 1.7WQ 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 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 1 SA NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 'Y'es ® No ? 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. site 1 Zone* Impact (square feet Multiplier Required Mitigation 1 1,970 3 (2 for Catawba) N/A 2 1,347 1.5 N/A Total 3,317 N/A * Zonc I extends out 30 f=t ptapcndioular from the top of the near bank of channel, Zone 2 extends an additional 20 fcct 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 2E .0242 or .0244, or .0260. N/R_ _ X1. 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. No additional impervious surface. is proposed with this maintenance pipe replacement g oiect. Erosion and sediment control devices at this site are co prised of temporary dewaterin and nd riRrap armoring of new structure ends. Page 7 of 8 JUN-20-2006 TUE 11:53 TEL:9197336893 NAME:DWQ-WETLANDS P. 15 Jun-20-2006 12:09 From-DIV 5 XII. Sewage Disposal (required by DWQ) 919-560-3371 T-952 P-016/016 F-077 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. MIT. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Z is this an after-the-fact permit application`? Yes ? No 10 XIV. Cumalative 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 httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This maintenance project will not result in additional development. 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). Applicant/Agent's ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 06 JUN-20-2006 TUE 11:53 TEL:9197336893 NAME:DWQ-WETLANDS P. 16 Jun-20-2006 11:42 From-DIY 5 919-560-3371 T-951 P-001/009 F-OT4 NCDOT - DMSION FIVE FAX To: W-r 411 phone: Fax Phone: 7, 33 " !v O / ? --- - - . - CC: Date: yu via Number of pages including cover sheet: l/a From: NCDOT - DIVISION 5 2612 N. DUKE STREET DURHAM, NC 27704 Phone: 919-560-6851 Fax one: 60-3371 REMARKS: Ufgent ? For your review ? -Reply ASAP ? please comment ,,z 2 ? kf e , " '-e /' 1 e/ , ? llv'c A ? ? ?/- Ir 4?yn.,, d er. ?-- e>7z,7S7ktC4V 14 awl 51f ?9v9 rne // ?? JUN-20-2006 TUE 11:26 TEL:9197336893 NAME:DWQ-WETLANDS P. 16