HomeMy WebLinkAbout20061232 Ver 1_Complete File_20060816w N ArF?p?
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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
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AUG 1 0 2006
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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
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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
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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.
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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.
Project RS2574 in Wake County
Widening of Rocky Quarry, Road East and West of SR 2551 (Barwell Road)
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Project No. RS2574
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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