HomeMy WebLinkAbout20051030 Ver 1_Complete File_20060222Certificate of Completion FEB Z 2
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WETLANDSARpSTTERWU LITy
??: ?1 1 TER BRANCH
DWQ Project No. 1 15 - I O ?7 county:
Applicant: h1c ?? ?? I ? -
`7 (p ?ur, ?,i od_v
Project Name: S k
Date of issuance of 401 Water Quality Certification: M h e I -7 a 0 ° S
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, fo. (. - /-lvl d e! , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
F-44
Signature: 0,49• Date: - ??
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Registration No.: Date:
Pine Inlet
Pipe Outler
y
Upstream of Pipe Inlet
J N
Downstream of Pipe Outlet
0? \ NAT ?
r
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
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
QIN ( _51"yo on2:3?
JUN 2 2 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
June 17, 2005
DWQ# 05-1030
Iredell County
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 17 linear feet (If) (12 If for pipe replacement and 5 If for riprap inlet stabilization) of an unnamed
tributary* to Shinns Creek. The impacts are proposed for the purpose of replacing and extending an existing
pipe in anticipation of secondary road paving as described in your application received by the Division of Water
Quality (DWQ) on June 9, 2005. The location of the project is State Road 2376 (Dunwoody Road) in Iredell
County. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3404. This certification corresponds to Nationwide Permit 14 issued by the U.S.
Army Corps of Engineers (USAGE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations. This approval will expire with the
associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if 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 and those listed below:
1. Due to the nature of the soils in this stream, DWQ will not require the burial of the culvert at the inlet end in
the streambed in these locations. Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. The structures shall be designed and installed to
allow for fish and other wildlife movement as well as prevent headcutting of the stream. The applicant may
be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ.
2. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions.
3. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards:
'No stream determination performed.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Intemet h2o.enrstate.nc.us Mooresville, NC 28115
Phone (704) 663-1699
Fax (704) 663-6040
ivy Carolina
atura!!y
An Equal OppoAunity/Affirmative Action Employer - 50% Recyded110% Post Consumer Paper
- It
Page 2
a. 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 pit sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. 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.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
6. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
7. 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.
8. 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.
9. All work-shall be performed during low or normal flow conditions.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
11. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
12. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation maybe required since it
is a direct impact from road construction activities.
13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please
include photographs upstream and downstream of the structure to document correct installation.
14. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act]
and any other appropriate requirements of state and federal law.
Page 3
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 to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided
to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions,,please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1699.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Steve Lund, USACE Asheville Field Office
Rob Ridings, DWQ Wetlands Unit
Central Files
File Copy
051,030
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STATE OF NORTH CAROLINA %0ti
DEPARTMENT OF TRANSPORTATION
MICHAEL. F. EASLEY
GOVERNOR
DIVISION OF HIGHWAYS
May 25, 2005
Mr. Steve Lund
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
LYNDO TIPPEIT
SECRETARY
SUBJECT: Pipe replacement on SR 2376 (Dunwoody Road), Iredell County
Dear Mr. Lund:
The North Carolina Department of Transportation requests authorization to replace an existing pipe on SR
2376 (Dunwoody Rd) in Iredell County associated with a secondary road paving project. The existing
24", 36-foot pipe will be replaced with a 24", 48-foot pipe with 5 feet of associated riprap at inlet for
structure stabilization. The pipe will be buried 5 inches below the existing streambed elevation at the
outlet based upon the thalweg profile. A small wetland area is located immediately upstream of the
project site. There is a concern due to the nature of the soils in this area, that headcutting would initiate if
the inlet were to be buried below the streambed elevation, therefore, the pipe inlet will be placed on
streambed grade. NCDOT request a waiver from the Regional Condition 2(b)(e), permit depth
specification, for the construction of this project.
The stream is a low flow intermittent stream; therefore, it is anticipated that the flow can be temporarily
dammed and the pipe installed within an eight-hour period.
The scope of the work will result in 12 linear feet of pipe fill and 5 feet of riprap impacts to an unnamed
tributary to Shinns Creek, which is classified as Class C Waters by the Division of Water Quality.
Hazardous spill basins are not required. Enclosed is the NCDOT hazardous spill basin checklist.
This office has conducted a GIS and field survey for this project and is recommending a finding of "no
effect" for T &.E species and historical structures. Enclosed is concurrence dated May 5, 2001 from the
State Historic Preservation Office for the construction of this secondary road project.
I have enclosed a PCN application for a NW#14, sketches of planned activities, and a location maps
relative to the project.
SIB 2376, Dunwoody Road
Page 2
May 25, 2005
If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank you for
your time and consideration to this matter.
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
BY:
Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: John Hennessy, 401/Transportation Permitting Unit
Polly Lespinasse, DWQ, Mooresville Regional Office
Ron Linville, Wildlife Resources Commission (Courtesy Copy)
?n
?v
Office Use Only: 0 c' O 3 O I v n
USACE Action ID No. DWQ No. _ 2°s*-9?F `9
(If any particular item is not applicable to this project, please enter "Not Applicable" or W914,1114
?? ?S'
L 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
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: Mike Holder N.C. Department of TranVortation
Mailing Address: P.O. Box 47
Sher North Carolina 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Trish Simon
Company Affiliation: N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby, North Carolina 28151
Telephone Number: 704480-9044 Fax Number: 704-480-5401
E-mail Address: tsimon@u,dot.state.nc.us
Page 1 of 9
I1L 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: Dunwoody Road (SR 2376), Pipe replacements/Secondary Road Paving
2. T.I.P. Project'Number or State Project Number (NCDOT Only): 12C.049055
3. Property Identification Number (Tax PIN): NA
4. Location
County: Iredell Nearest Town: Troutman
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Hwy 21 south from Troutman.
left onto SR 2375, left onto SR 2376.
5. Site coordinates, if available (UTM or Lat/Long): Site #1: 35°40'45"N/80°50'21"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Pipe replacement = <0.10 acre: Entire project = 2.7 acres lNCDOT
right of wavy.
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Shinns Creek.
Class C Waters (from source to Weathers Creek
8. River Basin: Yadkin
(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/mVs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:Existing Conditions -pipe on unpaved secondary road. General
Land Use- residential homes/yards.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
Upcoming road paving project consists of the upgrade of the road to paved road standards with
no alignment changes At the permit site, a 24" 36-foot pipe will be replaced with a 24". 48-
foot pipe with five feet of dprap used at inlet for structure stabilization. Work will be done
ers, and pavers.
usirrg`tyni M construction equipment- bulldozers pans backhoes. roll
11. Explain the purpose of the proposed work: The pMose of the proposed work is to replace
the existing pipe so as to allow for construction/paving of SR 2376 to current paved road
standards.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (ncluding 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). Nthis is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NA.
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.
No future permit requests at this site are anticipated.
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent im-acts from increases in
Rim length.
Page 3 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
upcomin road oad paving project consists of the upgrade of the road to paved road standards with
no alignment changes. At the permit site, a 24", 36-foot pipe will be replaced with a 24". 48-
foot pipe with five feet of riprap used at inlet for structure stabilization. Work will be done
using toical heavy construction equipment: bulldozers, pans, backhoes, rollm and pavers..
11. Explain the purpose of the proposed work: The purpose of the proposed work is to replace
the existing pipe so as to allow for construction/paving of SR 2376 to current paved road
standards.
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). ff this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NA
V. Future Project Plans
Are any future permit requests anticipated for this project? N so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests at this site are anticipated.
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be fisted herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed .to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. N this proposed impact is strictly for wetland or. stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent impacts from increaser in
pike length.
Page 3 of 9
2. Individually list wetland impacts below: NO WETLAND IMPACTS
Wetland Impact
Site Number
(indicate on
map)
Type of
Impact* Area
of
Impact
acres Located within
100 Year
Floodplain**
es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding; ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains are identified dmigh the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps (FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service
Center at 1-800-358-9616, or online at bW://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina. Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Perennial or
Site Number Type of Impact* Impact Stream Name** Average Width of Intermittent?
(indicate on (linear Stream Before (please specify)
map) ffeet) Impact
I Pipe Replacement 23 feet UT to Shins Creek 2.0 feet Intermittent
Riprap at inlet for structure
1 stabilization 5 feet
List each impact mparately and identify temporary impacts. impacts include, out are not tmutea to: CWVerrS aIIQ dMUld=
rip-rap, dares (separately list impacts due to both Structure and flooding), relocation (include linear feet before and after,
and net loss(gain), stabilization activities (cement wall, rip rap, crib wall, gabions, etc.), excavation,
ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included
* * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616,
or online at www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
www.=ozone.com, www.matMst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:Permanent impacts =17 ft.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and anv other water of the U.S.) below: 0
Open Water Impact
Site Number
indicate on map) -- -- -
Type of Impact* Area of
Impact
acres Name of Watmbody
(if applicable) Type of Waterbody
(lake' pond, estuary' sound,
bay, ocean; etc.
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
Page 4 of 9
5. Pond Creation: NO POND IMPACTS
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.):-
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storrawater requirement, etc.):_
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The lo?er pipe is necessary for construction of the road to paved road standards. The inlet of
the pipe will be placed on grade in the area close to the small wetland area to prevent the
initiation of a headcut and possible subsequent draining of the wetland.
V11L Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be _ required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ- s Draft Technical Guide for Stream Work in North Carolina, available at
bM://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Page 5 of 9
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 (acreagellinear 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.
NCDOT proposes to provide any mitigation required by USACE in accordance with
guidelines outlined in the USACE letter of 9/1/04 from Mr Ken 7ollv to Dr Gregory Thorne.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrDfindex.htm. If use of
the NCWRP is proposed, please check the appropriate. box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested-(acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federallstate) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
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
Page 6 of 9
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone*
(square fed) Impact
Multiplier
Ran.
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XL
M
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260. NA
Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The new road will follow the existing alignment: therefore. there will be a minimal increase in
impervious acreage. Appropriate erosion and sedimentation control measures will be in place
during the pipe replacement.
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.
NA
XHL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 7 of 9
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/Agent's Signature Date
(Agenes signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
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County e 7-v-za?W NCDOT Division # _ - District #
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL
. REGISTER OF HISTORIC PLACES,
FOR STATE FUNDED SECONDARY ROAD PROJECTS ONLY
Project Description: 3 7 re
?,/ ?JuNWooc?y On 2001, representatives of the
North Carolina Department of Transportation (NCDOT)
North Carolina State Historic Preservation Office (HPO)
Other
Reviewed the subject project at
Q a scoping meeting
photograph review session/consultation
other
All parties present agreed
There are no properties over fifty years old within the project's Federal Permit Site's (or Sites') area (or
,areas) of potential effects (APE).
/---There are no properties less than fifty years old that are considered to meet Criterion Consideration G
within the project's Federal Permit Site's (or sites') area (or areas) of potential effects.
A-__-There are properties over fifty years old (list attached) within the project's Federal Permit Site's (or Sites')
area (or areas) of potential effects, but based on the historical information available and the photographs of
each property, properties identified as are considered not eligible for
the National Register and no further evaluation is necessary.
'-?There are no National Register or Study-Listed properties located within the secondary road project's area
of potential effects.
There are no historic properties affected by this project. (Attach any notes or documents as needed)
Signed:
NCDOT
Date
Representa ' e HPO Date
State Historic Preservation Officer
If a survey report is prepared, a final copy of this form and the attached list will be included.
qz§
9
y s?y9T
19
?O,p??PGq
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GovERNOR SECRETARY
D5103 0
MEMO TO: John Hennessy, DENR/DWQ/401/Transportation Permitting Unit
PAYMENr
FROM: Trish Simon, Division 12 Environmental SupervisorT 5 RCCEI VED
DATE: May 25, 2005
SUBJECT: Pre-Construction Notification/401 Automated Payment
Enclosed are seven copies of a pre-construction notification for a NCDOT project in Iredell County for
your review.
Project information for the 401 Automated Payment Procedure
• Work order number: 150461-55120005-12C.049055-3855
• TIP #: NA
• Project Category: $200.00 Fee
is
Post Office Box 47 Shelby, North Carolina 28151-0047