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HomeMy WebLinkAbout20061232 Ver 1_Complete File_20060816w N ArF?p? > .? 4 "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 August 16, 2006 Wake County DWQ Project No. 20061232 SR 2542 at SR 2551 State Project No. 40181 (RS2574) APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2612 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 intersection improvements to SR 2542 at SR 2551 in Wake County: Stream Impacts. in the Neuse. River Basin Site Culvert Impact to Riprap Armoring Temporary Total Stream Intermittent to Intermittent Dewatering to. Impact Stream (linear ft) Stream (linear ft) Intermittent (linear ft) Stream inear ft 1 51 10 61 concurrent 61 Total 51 10, 61 (concurrent). 61 Total Stream Impact for Project: 61 linear feet. Neuse Riparian 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 (using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) s ft 1 3,040 0 3,040 N/A 993 0 993 N/A Totals 3,040 0 3,040 0 993, 0 993 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: 4,033 square feet. The project shall be constructed in accordance with your application dated received August 2, 2006 and supplemental information received August 10, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 33 issued 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. D Mdri Carolina ?ura!!tf 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 http://h2o.enr.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper F W A Michael F..Easley, Governor O ?? 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 f' '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 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. 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, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 2. 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. 3. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized prior to diverting water into the new channel. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream. 4. All stormwater runoff shall be directed as sheetflow through grass swales and stream buffers at nonerosive velocities, as indicated in the permit application. 5. 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. 6. 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. 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. lV Carolina Transportation Permitting Unit ??'u?llraS 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper F WAT Michael F. Easley, Governor O OCR QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Alan W. Klimek, P.E. Director > Division of Water Quality D 'C 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. 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 BMP 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. lia iv Caron atuPa!!r? 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 http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 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 22. 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. 23. 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. 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. Si cerel , ,,Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: Wilmington US Army Corp District Office 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 IVY Carolina Transportation Permitting Unit NEurallrm 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733.68931 Internet httl)://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aug-10-2006 12:43 From-DIV 5 919-560-3371 T-231 P.001/004 F-601 6 2- NCDOT - DIVISION FIVE FAX a[A@WW191 AUG 1 0 2006 DENR WATER QUALITY WETLANDS AND STQRMWATER BRANCH ?S- 57LI 114Ae CV To: At T)LAW Phone: Fax phone: 7 -33 ^ (0 99 5 CC: - Date: - 0/0 jA i Number of pages including cover sheet:_ From'. NCDOT - DIVISION 5 2612 N. DUKE STREET D><,TRHAM, NC 27704 Phone. 919-560-6851 Fax phone: 919-560-3371 REMARKS; [] Urgent Da, For your review [] Reply ASAP (] Please comment ks s``ws k4 6y rtiSCbG.S tR , ? r}"_ k1s ?6&-h &S" j 4c, sefan.a`tA 91rt S i U C1 '{Yto. Vlfil?q ?to?ES SWO t. ?oY?t iA ?4CL. o `'Y?t ?ov ij+4e.,??), TV.a ?oA.;4 ?.ra?na9c ;s frca{i<J 7 rorts?} ? f?rass swales irsf 61for? rMrk;nCci r?ilr/1 ' AtjC' e(r.4',ta /(t. p Q see , afi?Gk?dP s9n ? i Pa'1e 2- dfja4- S,, s4G rr . ac a gC B{• i1e-? ;•?/ '? y,•sv.s ana a5 d? ?vi?rc 7;Cc C -tl a.Cd. w S sX*j0'1 ??,??bQo a r Herod e yyL?. c%39,j 7' ?+ecf ire fi`ta,/•nc„f rr?vlrc?e??s a? Jo0? {- / ?aG? oY O?'?Gi,'?R.q,? Iri' '+1<H/ ' ?iiti/J?itVi ? 1 t c?. R?So 4 QC/?(O' !$ Ot'" 6j?'4SS j"4 I[?Yi'sce6?«91 7 W G PC,11 ?vrrn. 73e fo7?CC! '?ew'?iwf??iP7?? oKCd %s ,357cec . ir pCIV fecfiu? ?: Wa3 rT? y.,or?a,d e?lQr'ff/G?+d C?,'drr? Prt Send {die ?o7?e/ ri1?r?/ J?.?u?i o?7s a?i4. 7X,:5 O 357 ae %s 4O. Ise Jer f D.48S.t -A O1I.T"e t D 4trfat 'r* LN gyaO j -.44ee_ yA- Apoe A*?rf v-f)4arls 64 eA4W 99,60e /4~ 4)? AUG-10-2006 THU 12:24 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 Aug-10-2006 12:43 From-DIV 5 919-560-3371 T-231 P.002/004 F-601 Cal G IAL) O. s >< ypa ?k ok grass ?orWtals y,y? dGdl Wl d.YA. 'ri*y' 'M"O'a`.IevS G- ray 1 Oki ?'7T? GRASS SWALE DA= 3.10AC Lsw- 25` A Se= 0.0110 h SS= 4 r 02= 6.35cfs V2= 2.OOfps Q10- 8.13Cf s VIO= 2.12fps new impervious 0,143 ACRE ...a•dY Rohs [sA zs% r- new impervious O D85 ACRET? GRASSrSWALE DA= 0.60Ac Lsw= 25' Se= 0.0250 SS= 4, 3 Q2= 1.54cfs V2= 1.99fps 010= 1.98cfs V10= 2.09fps p.0$ 5 et new Sw?t.v a,?s.a X lOP ?? •? ACasC s.?.?a?t ?u aert ?F 9?? ' f+.Ea? iyr.pslJ I?? 5, fi >- I.5 ?k reguirej pct i p f 7- A 5 2 7h? AAAe ?4;_ AUG-10-2006 THU 12:24 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 AuQ-10-2006 12:43 From-DIV 5 919-560-3371 T-231 P.003/004 F-601 c 0 lk 3 ? I x- WI Z J Q cc,j c). its % 10D a? YOLS5P Z45 ?4 > 1 R . S j+- r1t??;?c? GRASS SWALE OA= 1.60Ac Lsw= 25' Se= 0,0175 SS= 4, 3 02= 2.74cfs V2;: 1.97fps 010= 3.51cf s V10= 2.11fps new impervious Q.115 ACRE. Ruck OVAMO a AGA& (s4 2S4 R 4 ^ ? h ? w ? N 0. h new impcrvious 0.014 ACRE GRASS SWALE DA= 2.11Ac Lsw= 12' Ss= 0.0125 SS= 4.75, 3 02= 4.42cf6 V2= 1.97fps 010= 5.66cfs V10= 2.09fps /I i l..0. l G V??-il?"3 0.014 at r%tW iv.-MJ tw,*- 7. 104 1r o? drars sviaL(`- f6t^ J part a? dip` a ? grew' r n,?r.?.J au,p._ MW W 7 1.4 fk nv;icy p? 2 . C Z_ AUG-10-2086 THU 12:24 TEL:9197336893 NAME:DWQ-WETLANDS 45 25 7q- WA& C*P. 3 Atits-10-2006 12:43 From-DIV 5 X. XI. 919-560-3371 T-231 P-004/004 F-601 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 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 (Neese), 15A NCAC 2B,0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15.A. NCAC 2B ,0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 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 Mit' anon 1 3,040 3 (2 for Catawba) N/A 2 993 1.5 NIA Total 4,033 N/A * Zone l extends out 30 fert perpendicular from the top of the near bank of ohannel; Gone 2 extends an additiona120 feet from the Vd9a of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Storniwater (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. Existing im,2Mious area for the project (0.236 miles of roadway x 24 ft wide roadwax} is approximately 0.68 acres. Proposed or `new' impervious area for the project is approximately 0.357 acres of the total project area of 2.9 acres. The project has been desi ed so that the runoff from the `additional' irn ervious surfaces created by theproiect are treated in grass swales prior to entering a storm drainage system or the buffered stream. Page 7 of 8 et-4 site 1 0to AUG-10-2006 THU 12:24 TEL:9197336593 NAME:DWQ-WETLANDS P. 4 r N •? awu ?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR July 31, 2006 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator ?T?NOSN? p2? ?v 9Nas ?rFR. . ` QQ6, Top 0 LYNDO TIPPEWP 4,? SECRETARY ti 061232 0 (3 1 9 Subject: Spot Safety Project RS2574: Improvements to the intersection of SR 2542 (Rock Quarry Road) at SR 2551 (Barwell Road) in Wake County. WBS Element 40181. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 2542 (Rock Quarry Road) East and West of SR 2551 (Barwell Road). Roadway improvements will also be conducted to add turn lanes to both Rock Quarry Road and Barwell Road to increase the safety of the traveling public turning off of SR 2551 onto SR 2542. Construction activities related to widening and drainage will involve impacts to surface waters and associated riparian buffers (see Figures 1-4b). Details regarding this proposal are provided below. Impacts to Waters of the United States Site 1 - Waters of US Construction at this site will impact an unnamed intermittent tributary to Big Branch [NCDENR-DWQ Index No. 27-34-11, Best Usage Classification C NSW; HUC 03020201 ] (Figure 3) in the Neuse River Basin.. The existing structure conveying the creek is 30-inch corrugated metal pipe that will be plugged and replaced with a 48-inch pipe at a new location. Permanent impacts at the site associated with the intersection improvements include a total of 51 linear feet of existing fill in surface water in addition to l Oft of rip rap along the stream banks. The work zone will be temporarily dewatered for approximately 3 weeks. This will involve the temporary placement of an impervious dike in the stream downstream of construction to contain the work site. Once the stream has been dewatered, the new pipe will be installed. Due to the intermittent natural of this stream which only exists to the west side of Rock Quarry Road, pumping around will not be necessary. Temporary concurrent impacts to the stream from this activity will result in dewatering 61 linear feet of stream. The materials used for dewatering will be removed after construction. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 'It , Riparian Buffer Impacts Site 1 - Buffers The construction at this site involves a road crossing of a stream that is subject to the Neuse Riparian Buffer Rule. The unnamed intermittent tributary to Big Branch at Site 1 is not depicted on the most recent version of the Garner (1964/1987) topographic quadrangle (Figure 1), but is depicted on the Soil Survey of Wake County (USDA-SCS 1970) (Figure 2). Please note that an onsite determination was made by staff from the NCDWQ on November 03, 2005. In a letter dated the same day (see Appendix One), it was documented that the stream segment on the east side of Rock Quarry Road was ephemeral; and not subject to the Neuse River Riparian Buffer Rule. However, the stream segment on the west side of Rock Quarry Road is subject to the Neuse River Riparian Buffer Rule. Proposed buffer impacts associated with this project total 3,040 SF in Zone 1 and 993 SF in Zone 21 (totaling 61 linear feet of riparian buffer impacts). Please note that the project has been designed so that the runoff from the `additional' impervious surfaces created by the project are treated in grass swales prior to entering a storm drainage system or the buffered stream (see Figure 4b for location of grass swales and buffer impact areas). Based on the impacts to the riparian buffer at this site, this crossing is ALLOWABLE. Waters of the U.S./Riparian Buffer 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. As of July 2006, there are four federally protected species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus), red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterdon), and Michaux's sumac (Rhus michauxii). This project is not adjacent to open water suitable to provide foraging habitat for the bald eagle. The thick forest and residential land surrounding this site does not offer suitable forging or nesting habitat for red-cockaded woodpecker. The small stream within this project site is within the headwaters of this system and does not provide suitable habitat for mussel fauna. The roadway shoulders along this section of Rock Y 3 Quarry Road are heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area. Additionally, a review of the Natural Heritage Program database (last updated April 2006) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the site visit and the NHP database review, biological conclusions of No Effect have been rendered for each species. Historical Compliance This project will have no historical impacts. Summary NCDOT proposes improvements to the intersection of SR 2542 (Rock Quarry Road) at SR 2551 (Barwell Road) in Wake County. Impacts, including surface water fill, rip rap armoring, and temporary dewatering are proposed to Waters of the United States. Additionally, impacts to the riparian buffers within the Neuse River Basin are proposed. Based on the buffer impacts at Site 1, this crossings is ALLOWABLE. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404, WQC No. 3366, and a Neuse River Riparian Buffer Authorization for the above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS Element 40181. 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, 9 7&VV_C. ?vot Jon G. Nance, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit Mr. Battle Whitley, P.E., NCDOT District 1 Engineer Mr. Jeff Allen, P.E., NCDOT Wake County Maintenance Engineer Mr. Mike Kneis, P.E., NCDOT Division Project Manager Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Techn r Project RS2574 in Wake County Widening of Rocky Quarry Road East and West of SR 2551 (Barwell Road) Photograph 1. View from Pearl Rd looking NW towards Barwell Rd. Car in picture is driving SE on Rock Quarry Rd. Photograph 2. View from 30"pipe outlet, looking NW along Rock Quarry Rd. Car in picture is at the stop sign on Barwell Rd. J {"ta",1' 1 .Cet" , ? r ?„a ?!C -. 1rrt .?f-3 J fi t . tea: 4 ?` Ak A c ?S-\. 1'1 fya C a-? ,yt l,. itI y iW w?b?l; ?Jn 41 Photograph 3. View of proposed stream loss segment, looking SE along Rock Quarry Rd. Photograph 4. View of stream at location of prc posed 48" pipe outlet, looking SW. 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W.v'p r pn C-) OCR i ?,-IDy DS wom 710 TZrm r cnm -nyrn0 D? <0<CJ(/)NrG'I NN(n(D Of DI x 00 N Ij Cn I NW? JV pN0 MATCH LINE -L- STA 19*50.000 SEE SHEET 6 Z 1 0 0 a r a zMM o f -- r D o - v, < I / 0 0oM v tt n ? ? x cn Tv I •+ I f N? m <O<(JN(A rp C) NN(/)(D (A D ?O OO n u u n n D -??0 li N N N CJ1 _ D p ? , ION= :?5 I-n e rn cO In r,,) n N - D (n DZ DZ -h0_0 n ()I C) > C-) 0 n O -0 -1, (n --h W r --I m -I m CO 0) ?' m ? (J) N N N N O O z z m m N - p coo Cm co v) r r CD (0 D W WFO m WTI DD Wm r r - r-r- (J)??W-(J)D N V) 0 D (n cn cn r M Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 061 Z32- (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 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 Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance(c?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: Fax Number: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Spot Safety Project No. RS2574: Widening of SR 2542 (Rock Quarry Road) East and West of SR 2551 (Barwell Road) in Wake County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS Element: 40181 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Raleigh take SR 2542 (Rock Quarry Road) SE towards Clayton. Site I is on SR 2542 (Rock Quarry Road) between SR 2551 (Barwell Road) and SR 2550 (Pearl Road). 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): 35.7296 ON 78.5564 °W 6. Property size (acres): 2.9 acre (0.236 mile project with approx 100' right-of-way) 7. Name of nearest receiving body of water: Big Branch 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/admin/mUs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land use is generally residential and wooded areas. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: This project involves turn lane additions, widening the existing pavement, and resurfacing the existing pavement. Equipment may include excavator, backhoe, bulldozer, grader, and paving equipment. 11. Explain the purpose of the proposed work: This project is a spot safety project which will involve improvements to the intersection of SR 2551 (Barwell Road) and SR 2542 (Rock Quarry Road). IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. 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: Improvements to this intersection will involve widening SR 2542 (Rock Quarry Rd) and adding turn lanes to both Rock Quarry Rd and to SR 2551 (Barwell Rd). This widening will involve impacts to a stream and associated riparian buffers. An old pipe conveying this stream will be plugged and a new structure will be installed Page 3 of 8 at a new location. This will result in 61 ft of permanent surface water impacts (51ft SW fill and l Oft of riprap armoring). Also 41033 SF of buffer impacts are anticipated with this project. 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, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) es/no) (linear feet) N/A N/A N/A 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 sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) acres) Fill 51 0.0035 Site 1 UT Big Branch Rip Rap armoring intermittent 3.0 10 0.0007 Dewatering 61 0.0042 concurrent concurrent Total Stream Impact (by length and acreage) 61 0.0042 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, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream hn act (acres): 0.0042 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0042 Total Stream Impact (linear feet): 61 Page 4 of 8 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 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: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII, Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Avoidance measures were taken during the planning stages and minimization measures were incorporated as part of the design. Buffer and stream impacts have been minimized by widening to the North side of SR 2542 where possible. In order to effectively construct this spot safety project, complete avoidance of impacts is not possible. 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 mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmt),ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. All compensatory mitigation requirements will be left to the discretion of the regulator 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://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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No Page 6 of 8 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 -213 .0233 (Neuse), 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 3,040 3 (2 for Catawba) N/A 2 993 1.5 N/A Total 4,033 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Existing impervious area for the project 0.236 miles of roadway) is approximately 0.68 acres. Proposed impervious area for the project is approximately 0.85 acres of the total project area of 2.9 acres. The project has been designed so that the runoff from the `additional' impervious surfaces created by the project are treated in jrass swales prior to entering a storm drainage system or the buffered stream. Page 7 of 8 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project will not generate wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This spot safety 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). N" la *%*$- 0713//0 & Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Appendix One (NCDWQ Onsite Determination 11/03/05) \N A TF Michael F. Easley, Governor \o?O 9pG William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources ?- Alan W. Klimek, P.E. Director > Division of Water Quality o ? November 3, 2005 TIP No. RS-2574 Wake County CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James A Byrd, P.E. TranSite Consulting Engineers, Inc. Quail Comers Commons 1300 Paddock Dr., Suite G-10 Raleigh, NC 27609 Subject Property: Widening of Rock Quarry- Road East and West of Barwell Road On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Byrd: On November 3, 2005 at your request Rob Ridings, Amy Chapman and I, conducted an on-site determination to review stream features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The stream features in question are labeled as "Stream 1" and "Stream 2" on the attached map initialed by me on November 3, 2004. The Division of Water Quality (DWQ) has determined that the surface water labeled as "Stream 1" on the west side of Rock Quarry Road (see attached map) is a stream and is therefore subject to the Neuse River Riparian Buffer Rule. "Stream 2" (on the attached map) on the east side of Rock Quarry Road is ephemeral (per the attached DWQ Stream Rating form) and therefore is not subject to the Neuse River Riparian Buffer Rule. This on-site determination shall expire five (5) years from the date of this letter. In addition to the stream rating form, we discussed possible alternatives for the roadway widening including asymmetrical widening to the east side of Rock Quarry Road to avoid any impacts to the stream and buffer (if practicable) on the west side, as well as minor shifting of the roadway curvature to allow for more widening to the east side of Rock Quarry Road and minor widening to the west side (to avoid and minimize to the extent possible the impacts to the stream and buffer). We also discussed the location of the existing transportation facility (defined as existing "toe of slope" to "toe of slope") and that activities within the existing transportation facility that include a buffered area are exempt. And finally, we discussed options for the treatment of stormwater generated by the new impervious surface created with the widening of Rock Quarry Road. This office understands that Barwell Road will also be widened in order to accommodate the new school being built in the area and while that is not directly impacting any jurisdictional areas, it is creating new stormwater runoff from the new impervious surface. As such, if DOT mixes the offsite drainage from the widened Barwell Road with the drainage from the widened Rock Quarry Road, per the Neuse River Rules, DOT will be required to provide treatment for all of said drainage, i.e. level spreaders, pre-formed scour holes, grass swales, etc. DWQ does understand the constraints of this project, i.e. there is not much room for large scale treatment measures, and therefore Nose Carolina Transportation Permitting Unit atunally 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. ne. us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper DWQ respectfully suggests that DOT explore the options of separating the "onsite" and "offsite" drainage, treating the "onsite" (either with pre-form scour hole(s) if feasible or with grass swale(s) if it is not) first before mixing it with the offsite drainage. if DOT provides appropriate treatment to the onsite drainage prior to combining it with the offsite drainage, then it is permissible to put it in a new culvert and then pipe it directly to the stream. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit,.2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the.affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (919) 715- 3415. Sincerely, . p J Nicole Thomson DWQ, Transportation Permitting Unit NT/njt Enclosures: 2 cc: Mr. Clint Morgan, TranSite Consulting, 1300 Paddock Dr., Suite G-10, Raleigh, NC 27609 Mr. Mike Kneis, PE, DOT Division 5, 2612 N. Duke St., Durham, NC 27704 DWQ Raleigh Regional Office File Copy Central Files !~ilename: CACorrespondence\Stream Determinations\RS-2574\110305streamdet.doc