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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
SECRETARY
June 13, 2007
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(One Copy)
Mr. Rob Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604-2260
(Seven Copies)
Subject: GP 19780080 Notification and Buffer Authorization Request, for stream bank
stabilization on U to Little Creek on US 70 Bypass, Johnston County.
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Dear Sirs:
Please find enclosed the Pre-Construction Notification for the above referenced project. There are 60
linear feet of buffer impacts and no permanent impacts to Waters of the U.S./State associated with this
project. UT to Little Creek is located in the Neuse Basin .Little Creek is classified by the Division of
Water Quality as C NSW 27.43-15-10.
Best Management Practices for the Protection of Surface Waters will be strictly adhered to during this
stream bank stabilization.
Regulatory Approvals
USAGE Section 404 Permit: The project qualifies for GP 197800080. All permit conditions will be
followed. For our files, please provide general permit verification that the activity is authorized.
NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3495.
All conditions of the general certification will be followed.
NCDWO Buffer Rules:. Onl Buffer Rule a royal is sou ht in writin .
(252) 237-6164 x 3532 jguen ero@dot.state.nc.us
Post Office Box 3165, Wilson, North Carolina 27895-3165
Please contact Jamie Guerrero at (252) 296-3530 or Chad Goggins (252) 296-3532 if you have any
questions or need additional information. Your time and effort are appreciated.
Respectfully Yours,
R.E. ., PE
Division Engineer -Division 4
Cc: Mr. Jamie Guerrero, Division Environmental Officer
Office Use Only:
U5ACE Action ID No.
Foam Version October 2001
DWQ Na ~_~ ~~~ ~ 1.~r
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L
Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
^ Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
II.
2. Nationwide, Regional or General Permit Number(s) Requested: GP 197800080
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 Cazolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
Applicant Information
1. Owner/Applicarrt Information
Name: R.E.. Greene Jr. P.E. Division En 'neer
Mailing Address: North Carolina De artment of Trans ortation/Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number:_(252) 237-6164x3501 Fax Number: (2521234-6174
E-mail Address: rsreene(~dot state nc us
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: Jamie Guerrero
Company Affiliation: Division Environmental Officer
Mailing Address: Division 4 - NCDOT
P.O. Box 3165
Wilco NC 27895-3165
Telephone Number: (252) 237-6164x3530 Fax Number: (2521234-6174
E-mail Address: iauerrero(u~dot state nc us
Page 5 of 12
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 lazger 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: US 70 Bvnass
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIl~: NA
4. Location
County: _USGS Powhatan (NC) North Carolina Topo Nearest Town: Clayton
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 42 to Barber Mill Road
then left onto US 70 Bypass ite coordinates, if available (UTM or Lat/Long):
(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.) 36.6169 N 78.4811 W
5. Property size (acres): NA
6. Nearest body of water (stream/river/sound/ocean/lake):_ UT to Little Creek (D_~ ID #
NSW C 27-43-15-10
7. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr state nc us/admin/mans/.)
8. Describe the existing land use or condition of the site at the time of this application: Rural.
agricultural
9. Describe the overall project in detail, including the type of equipment to be used:
Ceate 2 short boulder walls alon 2 meaderin bends of this UT in order to sto stream from
encroachin on ad'a ent fill slo a of US 70 B ass. Hea construction ui ment ackhoe
excavator. dump truck, bulldozer) will be used
Page 6 of 12
10. Explain the purpose of the proposed work: is to stabiize stream bank in order to stop
encroachment of stream into adjacent fill slope of US 70 bypass
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. '
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:
NA
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 cleazly 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 aze 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: 601ineaz feet of stream bank will be
evacuated and replaced with boulder material
2. 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 anci flnnri;no
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100 year Nearest Impact
indicate on ma) herbaceous, bo ,etc. Fl lain Stream acres)
Page 7 of 12
4. 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 acrea e, multi 1 len h X width, then divide b 43,560.
Stream Impact
Number Stream Name Type of Impact Perennial or Average Impact Area of
indicate on ma) Intermittent? Stream Width Length Impact
Before Im act (linear feet) (acres)
St 84+g0 UT Bank stabilization Perennial 2
30
St 85+00 UT Bank stabilization Perennial 2
30
Total Stream Impact (by length and acreage)
5. 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
Site Number Name of Waterbody Type of Waterbody Area of
indicate on ma) (if applicable) TYPe of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc.) (acres)
Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resul
Stream Impact (acres):
from the
Page 8 of 12
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
Wetland Im act acres : 0
O en Water Im act acres : 0
Total Im act to Waters of the U.S. acres 0
Total Stream Irn act lineaz feet : 60
7. 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
Pond Creation
ff 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. Equipment staaina and work
will be performed from the stream bank Strict enforcement of Best Management Practices for
sedimentation and erosion control the rotection of wetlands and surface waters will be
enforced.
VIIL 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 aze minimal. Factors
Page 9 of 12
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 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
httn://h2o.enr.state nc us/ncwetlands/strmgide html.
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.
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 httn://h2o.enr.state.nc us/wrp/index htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ® No ^
Page 10 of 12
X.
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 ®Meets Federal Categorical Exclusion criteria
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 Butlers (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 cleazly 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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Meuse )? 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
* Impact eq .
Zone s uare feet Multiplier R aired
Miti flop
1 810
2 540
Total 1350
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
XI.
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.
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
Page 11 of 12
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
All appropriate best rnanaeement practices for sediment and erosion control will be
implemented.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-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:
XV. Ot6er 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).
Page 12 of 12
Scale:
1:50000 ~TCDO 1
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Div. 4 TOp°~'aPhic Map
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Project #: R-2552B
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