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HomeMy WebLinkAbout20050234 Ver 2_Application_20080416s,.a STA7~ o ~, '~a„".~- STATE of NORTH CAROLINA it ~.,, .>/' ~, F ' ~'~~' ~ 7 f ~' ~yU;~~r. ~ , 0~.~ '~~ ZqI ,, ~U °j~,~R . y DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR April 8, 2008 N.C. Division of Water Quality Transportation Permitting Unit 2321 Crabtree Blvd./Suite 250 Raleigh, NC 27604-2260 Attention: Mr. Rob Riding, NCDOT Project Coordinator Reference: DWQ Project No. 050234, dated February 11, 2005. LYNDO TIPPETT SECRETARY o ~~23~--I v. z Subject: Secondary road improvements to SR 1506 (Currin Road) from SR 1507 (Brookston Road) to dead end in Vance County. WBS element 5.209111. Please note the referenced Water Quality Certification (WQC) issued for this project in 2005 (see attached) has expired. No written approval was ever received as the USACE's 45 day review period terminated granting us autoneatic issuance. This project wasn't built yet due to change in priorities and. funding. However, this project is once again up for construction. By copy of this letter we'd like to reapply for this WQC and are providing a new cover letter and new PCN for your review, although the proposed project impacts remain the same. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1506 (Currin Road) from SR 1507 (Brookston Road) to dead end in Vance County (Figures 1-3). Total project length is 0.5 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. SR 1506 is scheduled to be paved in the 2008 Secondary Roads Construction Program. Impacts to Waters of the United States Site 1 -Waters of US Construction at this site will impact an unnamed intermittent tributary to Fishing Creek (NCDENR-DWQ Index No. 28-79-(1), Best Usage aCl ssiTication C NSW; HUC 03020102) Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 220-4600 Fax: (919) 560-3371 (Figure 3) in the Tar-Pamlico River Basin. The existing structure that conveys the creek is a 24-inch reinforced concrete pipe (rcp) that is 40 feet long .(see Photographs 1 and 2). This pipe will be replaced with a 48-inch rcp that is 60 feet long. Permanent impacts at the site associated with the longer pipe and minimal amounts o ri ra to protect the new structure include 36 linear feet existing channel impacted. The Site 1 work zone will be temporarily dewatere~'ftn~ approximately 5 days. This will involve the temporary placement of impervious dikes in the creek at the upstream and downstream limits of construction. Either sand bags or sheet piling will be used as an impervious dike. Once the stream has been dewatered, the replacement pipe will be installed. To maintain water flow during construction, water upstream of the impervious dike will be temporarily pumped out and conveyed around downstream of the impervious dike. Temporary concurrent impacts to the stream from this activity will result in dewatering 361inear feet of stream. All materials used for the impervious dikes will be removed after construction. Riparian Buffer The activities at both sites involve road crossings of a stream that is subject to the Tar Pamlico River Buffer Rules. The unnamed intermittent tributary to Fishing Creek at Site 1 is depicted on the most recent version of the Middleburg (1970/1982) topographic quadrangle (Figure 1) as well as on the Soil Survey of Vance County (USDA-SCS, 1977) (Figure 2). Construction impacts at Site 1 total 1,611 ft2 in Zone 1 and 842 ft2 in Zone 2 (totaling 36 lft of riparian buffer impacts). - Please note: One additional drainage way feature has been identified that could be subject to protection under the Tar-Pamlico River Riparian Buffer Rules (see Appendix One for photographs and a NCDWQ-Stream Identification Form). In addition to the labeling for Site I, Figures 1-2 also have feature `A' labeled. This feature appears on the Soil Survey for Vance County and also on the USGS Middleburg Quad map. NCDOT requests your assistance in providing a buffer call on this feature. Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Miti atg ion: Due to the minimal impacts proposed, no mitigation requirements are expected. Therefore, NCDOT proposes no compensatory mitigation. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and 3 Section 9 of the ESA. As of April 2008, there is only one federally protected species listed for Vance County: the dwarf wedgemussel (Alasmidonta heterodon). The UT to Fishing Creek at Site 1 is intermittent and does not provide suitable habitat for mussel fauna. Please note that the bald eagle (Haliaeetus lei~coceplzakrs) was delisted as of August 8, 2007 and is no longer protected by the Endangered Species Act. It is however, protected under the Bald and Golden Eagle Protection Act. This project will have no effect on the bald eagle since no habitat is present in the project area. Additionally, a review of the Natural Heritage Program database (last updated February 2008) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 02/12/08, 11/29/04, and 06/22/04 site visits and the NHP database review, biological conclusions of No Effect have been rendered for each species. Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. A no comment-no historic properties clearance was received from Renee Gledhill-Earley with the NCSHPO, dated 03/25/04. Summary Application is hereby made for a NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3704 and riparian buffer authorization for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element 5.209111. Apre-construction notification is attached with this request. Per General Condition 27 [Notification provision], the USACE is not copied on this permit request. The proposed activities meet the conditions of the Department of the Army Section 404 Nationwide Permit (NWP) 14 and the proposed impacts do not exceed the 1/10 acre of loss of Waters of the United States. Additionally this project does not involve impacts to a special aquatic site. Therefore we intend to comply with all applicable NWP conditions during construction of this project, working under NWP 14 with no notification required to the USACE. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)220-4632. Sincerely, J.W. Bowman, P.E. 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'f r \ ': / Y• n~ WeD - htn~~..-`-t Project Study Area SR 106 Currin Road ti ante County USDA-SCS {1977) Figure 2 1:20,000 5 WeO~_~' ,, =~ ~ ,~'S1lE ~ .., ~ r~~ Lo6 ~_ .WeD - ss ~ Ap6 1' ~ - _ ~ 'fit ~3 _ - t3$ ~ _ .APB T qpg t \ApB '~` - / ~/ OuB ~ tsos wt! ~. ~ u• _ Begin Project End Project Placement of Impervious dike for dewaltering W ~) ~~ Note: "_~"_~"_ Proposed rip rap ® Fill In Surfiace Waters E T F Existing Transporation Facility N N N N O O O O 7 ] I O m m O m - N N 8 fit rip rap -----~ ---------- ------------------------------------------ 10 ft SW fill ETF._.__...___-_ ______.__........_ ........................_..............................._..........._.._............._................._...........................,........__...____....___..._________.__.__._._______________.___~........... - - T _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T- - - - - - 20ft paved 18ft grovel SR 1506 Currin Rd roadway width Proposed roadway width ~ ~ 60ft ROW E T F -............_ ............................................._..............._..______ _-------_____.__.__ W~10 ft SW fill 8 ft ~yy~ rip rap O ~ N O a ~ ~ ~ m ~ ~ ~ ~ ~ lJ / ~ - N Placemeht of impervious dike for dewatering ~- Site 1 -Construction Plan SR 1506 Currin Road Vance County Figure 3 1 "=30' O 1 /25/05 _______ .O~o~ W H ~ FROG ~ ~ > -i ~ ~ 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 February 11, 2005 Vance County DWQ Project No. 050234 APPROVAL of 401 Water Quality Certification and TAR-PAMLICO RIVER RIPARIAN BUFFER AUTHORIZATION Mr. Jon G. Nance, P.E. Division Engineer NCDOT, Division 5 2612 N. Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of secondary road improvements to SR 1506 (cLJRRIN Road) from SR 1507 (Brookston Road) to dead in Vance County. . Impact Locations Stream Impacts (Linear Feet) Ripazian Buffer Impacts (Square Feet) Site 1 36 2,453 (1,611 Zone 1 + 842 Zone 2) The project shall be consweted in accordance with your application dated received February 7, 2005. After reviewing your application, we have decided that the stream impacts and ripazian buffer impacts described are covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). 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 DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501ineaz 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. I.) 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. 2.) All stormwater runoff shall be duected to sheetflow through streaa-n buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the ccnstructien of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. h~°~ Caro Transportation Permitting Und / vutTllYl 1650 Mai Service Center, Raleigh, North Caroima 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.7"x3• f 786 !FAX 9 f 9-733.8893 ! Internet htta:~`/h2o:enr.state.nc.us/ncwet!ands An Equal C~pporh:nitytA~rmative-Action Empayer-5D°k Aecyded/l0°~ Post Consumer?aper 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) 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. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) All mechanized equipment operated neaz surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be cleazly marked by highly visible fencing prior to any land disturbing activities. Impacts to azeas within the fencing are prohibited unless otherwise authorized by this certification. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Pursuant to NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone I is not compromised and that dischazge is released as diffuse flow. 12.) 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. 13.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic fife. Design and placement of culverts and other structures including temporazy erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 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.) All work shall be performed during low or normal flow conditions. 17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 18.) A copy of this Water Quality Certification shall be posted on the construction site at all rimes. In addition, the Water Quality Certification and all subsequent _modincations, if any,. shall be maintained with the Division Engineer and the on-site project manager. 19.) For 10 linear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with native vegetation. 20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. Apost-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 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 heazing, send a written petition that conforms to Chaptei•750B of the North Cazolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a heazing. 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 Nicole Thomson at 919-7I5-3415. S~c~ly, Alan W. Klimek, P.E. JEH/njt Attachment cc: Wilmington District, US Army Corps of Engineers Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\2005 SR Projects\DWQ050233\020905wgc.doc D~JQ No. OSOZ3c~. DWQ Project No.: 050 2 3~ County: Y0.nC 2 Applicant: f~IC.~oT ~tJ S Project Name: s2 1504 ~C'..rl;n 2oa~~ Date of Issuance of 401 Water Quality Certification: oZ~ -- ~~ 5 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'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 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: 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 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: Date: Engineer's Certification 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 Certificatior. and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No, Date Office Use Only: •~ Form Version March OS USACE Action ID No. DWQ No. ~~~ ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 (non-reporting) 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information Name: NCDOT Division 5, J.W. Bowman Mailing Address: 2612 N. Duke St., Durham, NC 27704 Telephone Number: (919) 220-4600 Fax Number: (919) 560-3371 E-mail Address: wbowman(a~dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe 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: Proposed pipe replacement of a structure conveying an unnamed tributary to Fishing Creek in association with upgrading and paving SR 1506 (Curtin Road) in Vance County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS Element 5.209111 3. Property Identification Number (Tax PIN): N/A 4. Location County: Vance Nearest Town: Henderson Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Henderson take Hwy 158 northeast to SR 1507 (Brookston Road) Make a rig~it onto Brookston Road then left onto SR 1506 (Curtin Road). 5. Site coordinates (For linear projects, such as a road or utility Iine, attach a sheet that separately lists the- coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.3754 °N 78.33841434 °W 6. Property size (acres): 3 6 acre (0 5 mile long,~roject with 60ft right-of--way) 7. Name of nearest receiving body of water: UT to Fisting Creek 8. River Basin: Tar Pamlico (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded b~agricultural land and residences. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The NCDOT will replace the existing_pipe with a new pipe 20 feet lon eg r pipe and add rip rap armoring at both ends. The NCDOT will also dewater the work zone during construction. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The existing structure is only 40 ft long and does not allow for adequate shoulder widths. This project is part of the secondary road paving_program. The existing_gravel roadway will bepaved with asphalt. 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. DWQ Project No. 050234, issued on February 11, 2005 r~ anting approval to impact 36f t of streams, and 2,453 SF of riparian impacts - in accordance with the application dated February 03, 2005 (received by the NCDWO on February O5, 2005). No USACE written approval was obtained as their 45 day review period terminated rag ntin~ NCDOT automatic issuance. This project wasn't built vet due to change in priorities and funding However, this project is once again up for construction. By copy of this letter we'd like to reapply for this WQC and are providing a new cover letter and new PCN for .your review, although the proposed project impacts remain the same. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,. permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 3 of 8 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: The NCDOT will replace the existing_pipe with a new pipe 20 feet longer pipe and add rip rap armoring at both ends. The NCDOT will also dewater the work zone during construction. 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 and flooding. Located within Distance to Area of .Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 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 Iinear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial o~ Intermittent. Average Stream Width Before Im act p Impact Length (• ) linear feet Area of Impact ) (acres Site 1 UT Fishing Crk Fill (piped length) Intermittent 2.5 20 0.001 Rip rap armoring Along stream bank 16 0.001 Temporary dewatering 36 conc 0.002 Total Stream Impact (by length and acreage) 36 0.002 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_ excavati~n_ dred~in~_ flooding. drainage, bulkheads, etc. Open Water Impact Site Number Name of Waterbody Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, Area of Impact (indicate on map) (if applicable) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A Page 4 of 8 6. List the cumulative impact to all Waters of the U.S:~resultina from the nreiect~ 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 USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe 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. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment durinu construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction Only the smallest amount of fill necessary to complete the project will be placed in waters of the United States VIII. Mitigation DWQ - In accordance with 15A iV'CAC 2H .000, 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. Stream Impact (acres): r-- - 0.002 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.002 Total Stream Impact (linear feet): 36 Page 5 of 8 USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe 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 USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Due to the minimal impacts associated with this Rroiect no mitigation requirements are anticipated. Therefore no mitigation is proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federalistate/local) funds or the use of public (federal/state) land? Yes ® No ^ Page 6 of 8 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is _the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water ®pply Buffer Requirements), or other (please identify )? Yes No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. bite 1 Zone* Impact (s uare feet) Multiplier Required Miti ation 1 1,611 3 (2 for Catawba) N/A 2 842 1.5 N/A Total 2,453 N/A LVIIC ~ cxienas our ~e reef perpenu~wiar from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within l5A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious Level. >~xisting: 1.1 acre impervious surface (av 18 foot Page 7 of 8 wide gavel road) of 3.6 acre total project size. Proposed: 1.2 acre impervious surface (proposed 20 foot wide asphalt paved road) of 3.6 acre total project size. The erosion control plan for this project is designed for 3600 cubic feet of storage per acre. Temporary erosion control measures will be utilized until shoulders, ditches, and back slopes become established with vegetation. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project will not generate wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This secondar r~ oad project will not result in additional development. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control}. . gow~o,,,_ ~}~rv~, o`f1 og ~yf~ vApplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Appendix One (Photographs of Feature `A' and a NCDWQ -Stream Identification Form) r A. Geomor holo (Subtotal = 3.5 Abse t Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain ~ 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 1 2 3 9 a Natural levees 0 1 2 3 10. Headcuts 1 2 3 11. Grade controls ' 0 0.5 1 1. 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. o = 0 Yes = 3 rvian-mane aitcnes are nor rates; see aiscussions m manual B. Hvdrolrxrv fSuhtntal = ~ 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or rowi season 0 1 2 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C. Biolocty (Subtotal = ~ 1 20 . Fibrous roots in channel 3 2 1 0 21 .Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0' 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5 29 °. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; ther = 0 iiC~ns cu ana c ~ rotas on me presence or upiana plants, item za rocuses on the presence of aquatic or wetland plants. f~ ~' !d o de~',N aF Notes: (use-back side of thisform for additional notes.) Sketch: J r+ N ~~annC /lG ~oX ~/ // / ; ~ iN j2'/ - >7v Gla~yllct' c~nxl~ Q ~a/~° ~~u / / r - rl ~ r-C;"~rto ~ ~ fare n{ f ~o /a,. ~ ,o,;;`..;.e ----- '/~ ! / ~, ~~ ~9 ~ ~ ld v North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 ;, .~ „ ~. ~, ~ ,~ „r ,. ~$ 1~, ~~ ~ ~ ~ EGG Photograph 1. View of `Feature A' above pipe inlet, looking South. SR 1506 (Currin Road) -Vance County Photograph 2. View of `Feature A' below pipe outlet, looking North. SR 1506 (Currin Road) -Vance County Photograph 1. View of inlet at Site 1. Photograph 2. View downstream from outlet at Site 1.