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HomeMy WebLinkAbout20041367 Ver 1_Complete File_20040819Mr. J.M. Mills, PE September 2, 2004 DWQ# 04-1367 Page 4 DWQ Project No.: U'1 - 1 3 4 -? County: 6 /f 5 ??/iLL Applicant: ?V e- .y 0 7- 4 1 / 12 / 7 0 A--, 3- Project Name: D 0 L'Z ,LO 6V 0 S z ?v Date of Issuance of 401 Water Oualitv Certification: S ?' rl'2t?-rd 2n -b, L U J cr Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/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?e ifcatio I, \ % A kkd],-, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 411 ?tiX ?? Date: Agent's Certifii-f n I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin material Signature: ? Date: Engineer's Ce ification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date I #°_ o?o? w A r?RQ? r? ? ? r 1 L.^Ar` 1 O 15E?0010111W "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 September 3, 2004 Caswell County DWQ Project No. 04-1367 Poole Rd (no SR#) APPROVAL of 401 Water Quality Certification Mr. J.M. Mills, P.E. Division Engineer, Division 7 North Carolina Department of Transportation 1584 Yanceyville Street Greensboro, North Carolina, 27415 Dear Mr. Mills: WITIANDS/401 GROUP SF p 0 s? 2004 WA T&? QUALITY SECTION You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to pave and improve traffic safety on Poole Rd in Caswell County. • 95 linear feet of new impacts to an unnamed tributary to Pumpkin Creek (35 feet of new pipe and 40 feet of rip-rap); • Temporary dewatering impacts of approximately 50 square feet for sandbags and rock silt dam. The project shall be constructed in accordance with your application dated August 13, 2004 (received August 19, 2004) and with the modifications requested during a site visit conducted by NCDWQ and NCDOT on September 2, 2004. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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, unless otherwise specified in the Water Quality Certification. 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 Division of Water Quality (Division) and submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, 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 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 any additional conditions listed below. 1. NCDOT will conduct a pre-construction meeting and ensure that the project manager understands the issues with stream and pipe alignment that were identified during the site visit conducted September 2, 2004. 2. NCDOT will align the new pipe as best as possible with the natural stream. This will require the pipe to be installed slightly south of the existing pipe and on skew. 3. 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. N r hCarolma Vaturally North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-4600 Customer Service Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal OpportunitylAifirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. J.M. Mills, PE September 2, 2004 DWQ# 04-1367 Page 2 ~ ?Y 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. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. 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 six months of the completion of the project. 6. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 8. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow through without freefalling or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or fish passage. 9. The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. 10. Disturbed floodplains and streams should be restored to natural geomorphic conditions. It. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 12. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 13. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 14. 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. 15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 16. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 17. All work shall be performed during low flow conditions. J Mr. J.M. Mills, PE September 2, 2004 DWQ# 04-1367 Page 3 18. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality 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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Sue Homewood at 336-771-4600 extension 287 or at Sue.Homewood@ncmail.net. Sincerely, Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers John Thomas, USACE Raleigh Field Office Jerry Parker, Division 7, Division Environmental Officer Wetlands/401 Unit Winston Salem Regional Office Central Files Mr. J.M. Mills, PE September 2, 2004 DWQ# 04-1367 Page 4 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ 1 the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all c these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence w, used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence w, used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Wa Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date eY s? oI, STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR August 13, 2004 Ms. Beth Barnes Wetlands/401 Unit NC DENR Division of Water Quality 7 1650 Mail Service Center 4 J Raleigh, NC 27699 (Seven Copies) Mr. John Thomas US Army Corps of Engineers 6508 Falls of the Neuse Suite 120 Raleigh, NC 27615-6814 (Two Copies) Subject: Caswell County, Pipe Replacement on Poole Road Project Number WBS Element # 37636 To Whom It May Concern: WETLANDS/ 401 GROUP AUG 1 9 2004 WATER QUALITY SECTION LYNDO TIPPETT SECRETARY . The North Carolina Department of Transportation (NCDOT) proposes to replace an undersized pipe on Poole Road in order to accommodate proposed road widening and paving which will reduce future maintenance needs and increase traffic safety. In an effort to obtain the necessary permits for the subject pipe replacement, we are providing a pre-construction notification application with supporting documentation. We believe this project can be permitted under the Nationwide Permit numbers 14 and 33. It, is the department's opinion that the project has been designed to have minimal disturbance, to provide maximum nutrient removal and erosion protection, to have least adverse effects on aquatic life and habitat, and to protect water quality to the maximum extent practical through the use of best management practices. Mussel pre-screenings were conducted on August 11, 2004 by NCDOT biologists. It was determined that the site had low probability of supporting mussel fauna and no furtherscreening was deemed necessary. It was determined that there was no habitat for the James spinymussel and therefore a biological conclusion of "NO EFFECT" was issued for the James spinymussel (see attached letter) The following information is being provided to satisfy condition I of General Water Quality Certificate #3404 and #3366. P. O. Sox 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637 PROJECT INFORMATION Road Name SR Number Project Length miles Classification Poole Road No SR # N/A Rural/Residential River Basin: DWQ ID Water Quality Designation % Impervious Surface Roanoke 22 - 49 B N/A Buffer Rulesa Buffer Rule Conditions where applicable) No Request Exemption Protected Species Presentb Mapped Historic Pro erti& CAMA AEC Essential Fishery Habitat No No No No a Separate documentation attached as needed: b See the attached Endangered Species Review Sheet for further information: -When Applicable - See the attached Historic Review Letter for further information PIPE REPLACEMENT INFORMATION Site Poole Road Stream Type Perennial Station Existing Pipe (1) 45'X 60" CMP Proposed (1) 80'X 83" X 59" Pi CMPA Construction Pump around with offsite detour Dewatering Sandbags & rock silt dam Method Device* Burial Depth Minimum of 20% of pipe diameter E/C Plan Date Construction As soon as practicable Duration Four weeks Date Impacts (ft.) 35 ft-enclosure; 20 linear ft-rip-rap dissipaters; 50 sf-temporary sandbags and rock silt dam Special Conditions Restoration Within 15 working days of the pipe replacement the natural stream contours Plan will be restored and seeded. Temporary silt screens will be cleaned and removed following vegetation establishment. RCP = reinforced concrete pipe; CMP = Corrugated metal pipe; CMPA = Corrugated metal pipe arch; EEC; = Erosion control. *A less intrusive dewatering device may be used in lieu of the one proposed. P. O. Box 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637 MINIMMTION RIFORLIATION Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters and wetlands, restrictions against the staging of equipment in or adjacent to waters of the US, and coordination (including a pre-construction meeting) with the Division Environmental Officer. TWIGATION WFORLIATION Stream mitigation is not anticipated, as the impacts to any individual stream do not exceed 150 feet Wetland mitigation is not anticipated, as wetland impacts do not exceed 0.10 acres and do not occur in a unique natural wetland. APPLICATION INFORMATI011 Enclosed please find the Pre-construction Notification Form and supporting documentation for the above referenced project. If you have any questions or need any additional information, please contact Jerry Parker at (336) 256-2063. Your time and effort are appreciated. Sincerely, Mr J. . Mills, P.E. Di 'sio Engineer, Division 7 Enclosures CC: Jerry Parker. NCDOT Derek Dixon, NCDOT Barry Harrington, NCDOT Herbert McDowell, NCDOT Sue Homewood, NCDWQ P. 0. Box 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637 Office Use Only: >?• Form Version May 2002 USACE Action ID No. DWQ No. (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: X 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: NWP Wand 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 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: ? H. Applicant Information 1. Owner/Applicant Information Name: Mr. J.M. Mills RE Division Engineer - Division 7 Mailing Address: P.O. Box 14996 Greensboro, NC 27415 Telephone Number: (336) 334-3192 Fax Number: (336),334-3673 E-mail Address: mmillsndot.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: Jerry A. Parker Company Affiliation: NC DOT Mailing Address: P.O. Box 14996 Greensboro, NC 27415 Telephone Number: (336)_256-2063 Fax Number: (336) 334-4149 E-mail Address: -jparker@dot.state.nc.us Page I 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: Poole Road State Road Number Not Yet Assigned) Caswell County 2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS Element #37656 3. Property Identification Number (Tax PIN): Not Applicable 4. Location County: Caswell Nearest Town: Danville, Va. Subdivision name (include phase/lot number): Not Applicable Directions to site (include road numbers, landmarks, etc.): Project site is south of Danville, Virginia in Caswell County North Carolina. From 1-85/40, take Exit 131A (I-840) to Burlington/Wendover Avenue: turn right and head west for approximately 4 miles to US 29. Take US 29 North for 37 miles to the Elizabeth St. Exit. Turn right on Elizabeth: drive 0.2 mile to Holland Rd. Turn left, take Holland Rd for 0.5 mile and veer right onto Indian Valley Rd (in Virgina). Turn right at first road (maybe unnamed): This road becomes Poole Rd at State Line. Site is approximately 1,000 feet south of state border. 5. Site coordinates, if available (UTM or Lat/Long): See the attached USGS map. (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): Not Applicable 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Pumpkin Creek 8. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Rural community and farmland 10. Describe the overall project in detail, including the type of equipment to be used: The project will involve paving an unpaved secondary troad and bringing the travel lanes , shoulders ditchlines and drainage structures up to current standards. It will involve replacing a 45 ft long by 60" corrugated metal pipe with an 80 ft long by 83" x 59" corrugated metal arch The increase in size of culvert has been recommended by the hydraulics section of NCDOT in order to maintain stream stability and to eliminate flooding Proposed right-of- way width is illustrated on the attached site plan. Equipment used will be standard road construction equipment (trackhoe,grader, backhoe and bulldozer). 11. Explain the purpose of the proposed work: To upgrade an unpaved secondary road. Paving and widening are being conducted to maintain traffic safety, eliminate flooding, reduce future maintenance costs and bring the road up to current construction 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). 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. Not Applicable 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. Not Applicable VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Provide a written description of the proposed impacts: Permanent stream impacts will result from 35 additional feet of channel enclosure and placement of 20 linear feet of rip-rap energy dissipaters Fifty square feet of temporary stream impacts will result from placement of cofferdams and silt screens. Silt screens will be cleaned and removed following vegetation establishment. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gradmg, tut, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://ww,,v.fcnii.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: N/A Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Pipe replacement 35 ft(en) 50 sf(tmp) 20ftr UT to Pumpkin Creek Two to four feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.ma x uest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 35 linear feet- enclosure (en) 50 square feet- temporary (tmp), 20 linear ft- rip rap (rp) Page 4 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding„ drainage, bulkheads, eta 5. 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.): Not Applicable Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Not Applicable 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. Pipe replacement activities are necessary to brim the project up to current construction standards and to decrease the possibility of flooding due to the undersized pipes. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of wetland and surface waters, restrictions against the staging of equipment in or adjacent to waters of the US, and coordination (including a pre-construction meeting with the Division Environmental Officer. 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. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://l12o.enr.state.nc.us/newetlands/strmizide.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. A finding of insignificant impact is anticipated• therefore a mitigation plan is not provided. Cumulative impacts are less than 150 feet. The maximum amount of permanent impact to a single stream is 35 linear feet No Outstanding Resource Waters, federally protected species or their habitats or essential fishery habitats occur in the project area. The project is not located in a High Quality Water. 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/wrp/index.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): Not Applicable Amount of buffer mitigation requested (square feet): Not Applicable Amount of Riparian wetland mitigation requested (acres): Not Applicable Amount of Non-riparian wetland mitigation requested (acres): Not Applicable Amount of Coastal wetland mitigation requested (acres): Not Applicable Page 6 of 8 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 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. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 2 N/A 1.5 Total N/A * 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. Page 7 of 8 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. Not Applicable XI. 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. Not Applicable XH. 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. Not Applicable X1H. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes, No X Is this an after-the-fact permit application? Yes No X 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). ?5- p-O4- nt/Agent's Signature Date ire is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Jr ? y3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR August 16, 2004 MEMORANDUM TO: FROM: Mike Mills, PE Division Engineer Jared Gray, Environmental Biologist Office of Natural Environment LYNDO TIPPETT SECRETARY SUBJECT: Protected species survey report for the James spinymussel (Pleurobenta collina) for the proposed pipe replacement project on UT's Pumpkin Branch on Poole Road; Caswell County, Division 7 Project. ATTENTION: Jerry Parker Division Environmental Officer The following memorandum addresses the James spinymussel (Pleurobema collina), federally protected species listed by the US Fish and Wildlife Service for Caswell County. The habitat requirements for the James spinymussel include creeks or river areas with sediment of cobble and sand in reaches with slow to moderate current. (Bogan, 2002). Habitat for the James spinymussel does not exist in the UT's Pumpkin Branch. A habitat assessment for James spinymusscl was conducted and there was not suitable habitat for mussels. This project was pre- screened by Alderman Environmental Services, and was considered to have a low probability of containing mussels. Surveys, Habitat and Methods A mussel habitat assessment was conducted on August 11, 2004 by NCDOT biologists, Neil Medlin, Steve Mitchell and Jared Gray. The northern UT Pumpkin Branch below the rock quarry at Poole Road had iron-oxidizing bacteria with unconsolidated substrate. This stream was very shallow with a depth of approximately one-inch. The second UT Pumpkin Branch had no water in the channel. The substrate was mostly sand. The southern UT Pumpkin Branch we assessed was extremely shallow with a water depth of one-inch. The substrate consisted of sand, silt and detritus. The land use was active rock quarry mining in a rural community. Habitat assessment were conducted by visually looking at the streams and taking notes on stream substrate, size and depth, along with a GPS reading of our location. The longitude and latitude of the three streams in which we assessed are 36.53610, -79.468835, 36.53064, -7946999, and 36.52955, - 7947033. There was no evidence of freshwater mussels in 1.00 man-hours of habitat assessment time. MAILING ADDRESS: TELEPHONE 919-733-3141 LOCATION: NC DEPARTMENTOFTRAN:,PORTATION FAX: 919-733-9794 IRAN ;PORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRGNMENTALANALYus 1 SOUTH WILMINGTON STREET 1548IMLSERVICECENTER Minim. wwwNCDOT.ORG RALEIGH NC Qualifications of Investigators Investigator: Jared Gray Education: B.S. Environmental Science, Morehead State University Experience: Environmental Biologist, Enviro-Pro, October 1994 - May 1997 Environmental Technician, Appian Consulting Engineers, P.A., October 1997 - May 1998 Environmental Specialist, NCDOT, October 1998-present Expertise: Endangered species (terrestrial/aquatic) surveys; benthic macroinvertebrate collection, wetland delineation; soils, water quality analysis, and 404/401 permitting. Investigator: Neil Medlin, Environmental Specialist Education: M.A. Biology, Appalachian State University B.S. Biology, Appalachian State University Experience: Environmental Specialist, NCDOT, January 2002 - present Environmental Biologist, NC Division of Water Quality June 1990 - January 2002 Environmental Biologist, FL Department of Environmental Protection (formerly Department of Environmental Regulation), August 1986 - June 1990 Expertise: Freshwater fish and benthic macroinvcrtebrate collection and identification; aquatic habitat evaluations and function; biocriteria and biotic indices evaluations; Endangered species (terrestrial/aquatic) surveys. Investigator: Steve Mitchell, Environmental Supervisor Education: B.S. Biology, East Carolina University Experience: Environmental Specialist/Supervisor, NCDOT, August 2004 - present Environmental Scientist, NC Division of Water Quality, Department of Environment and Natural Resources September 20, 1978 to August 2004 Expertise: Phytoplankton, submersed aquatic vegetation, freshwater fish, and benthic macroinvertebrate collection and identification; aquatic habitat evaluations and function; biocriteria and biotic indices evaluations; Surface water origination determination; Endangered species (terrestrial/aquatic) surveys; Wetland determination/delineation's; 404/401-permit approval. BIOLOGICAL CONCLUSION: No Effect Given that there was no James spinymussel habitat and that there was no evidence of freshwater mussels, it is apparent that the James Spinymussel does not occur in the project footprint. The North Carolina Natural Heritage Program (NCNHP) does not list a known population up or downstream in any of the UT's Pumpkin Branch. File: UT Pumpkin Branch Bogan, Art, 2002. Workbook and Key to the Freshwater Bivalves of North Carolina. Yahoo! Maps Yahoo My Yahool Mail t- • t, Sign In +?? • ' `Lora ?b r New User? Sign Up Maps Starting from: 801 Summit Ave, Greensboro, NC 27405-7856 Arriving at: Poole Rd, Pelham, NC 27311-8567 Distance: 40.3 miles Approximate Travel Time: 1 hour 4 mins Your Directions j 11 10- -N ref a p!e Ln .r r ? .i 02u34 Yahoo! t-ra (1121M GDT Ina Address: Poole Rd Pelham, NC 27311-8567 Copyright ® 2004 Yahool Inc. All rights reserved. Privacy Policy - Terms of Service - Copyright Policy - Yahool Maps Terms of Use - Helo - Ad Feedback When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Your Full Route Your Destination M?1. Page 1 of 1 Searr.h the web i r 1. 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'1' s .4 +t ? ? ?' y r '.,1?6<t s: 'L , ' i1 ?? 'I I r, f. \ % :,\" ?????7!?'T .• 1 \t \?? I?l/r:?-?Ir r .6 r ", -- ? a. ' -`.'`\ ,(iJl s`l` I{ n?.J ` ?`.?j(J i+ `? 7 } '• r' ? I" ` ri .a rY{ i i ? ( l o i? • u.. .? v? f 1 \ ( t y1A -•?`? ??/,I Goo . °1 rd, -?\ 1'i `r .,1 ' \ \ll 1' I/II +` r') t`. -Tcb IIA- s ?, +s r'ti7 J/i .a .yrf lr:? j?. I.` -..f?lf r 8° W ?a l y 6 i f. l- 2• I ! r 1 Name: DANVILLE Location: 036° 32'37.3" N 079° 27'02.3" W Date: 8/17/2004 Caption: Poole Road (No State Road #)) Scale: 1 inch equals 2000 feet Caswell County PUr.1P e-' FL07.J > RIP RAP UVJI UNDERLYING FILTER FABRIC IMPERVIOUS DIRE SILT FENCE AS NEEDED 45' EXISTING 60" CrA PIPE k DAVID'S BROAD (PRIVATE) - 77 SILT UaG POND OWN 33"A S0" CC7 PIPE ARCH - PIPE REPLACEMENT POOLE LOAD PUMP AROUND FOR UT OF PUMPKIN CREED POOLE ROAD (NO SR# ) CASWELL COUNTY NCDOT - DIVISION 7 (NOT TO SCALE) i j. f `.,