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HomeMy WebLinkAbout20140905 Ver 4_401 Application_20181228Ron Sullivan NC Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 am 16Y qorali4 NORTH CAROLINA December 12, 2018 Crabtree Creek Stream Restoration/Stabilization Sawmill Road Site USACE File SAW -2014-01764 112 cl)OgOS Vq Dear Mr. Sullivan: PAID Please find the attached 5 copies of the PCN for the Sawmill Road Stream Restoration / Stabilization project. The PCN was orginally submitted in April of 2014 but was later withdrawn/canceled by the USACE and in April 2016 the project was approved. The City submitted paymentof $570.00 to NCDWR in April of 2014. The site was selected bt the city of Raleigh because of the extensive incision and erosion along this short reach of stream. It is estimated the eroded stream banks in this area are contributing approximately 191 tons of sediment per year to the Mine Creek watershed. Relocation of the channel will eliminate this erosion. The relocation will also eliminate two sanitary sewer crossings of the tributary, one of with is exposed. Two existing greenway bridges crossing the stream will be removed. These wooden bridges are often washed out and destroyed during flood events. Stream functions likely to see increase include: • Improved benthic macroinvertebrate communities • Improved sediment transport competency • Improved water quality through reduction in nuetrient inputs (phosphorous and nitrogen that attaches to sediment) The City is resubmitting for permits because the April 2016 approval has expired. One Exchange Plaza 1 Exchange Plaza, Suite 1020 Raleigh, North Carolina 27601 City of Raleigh Post Office Box 590 • Raleigh North Carolina 27602-0590 (Mailing Address) Printed on Recycled Paper Municipal Building 222 West Hargett Street Raleigh, North Carolina 27601 If you have any questions regarding this information or need additional information please do not hesitate to contact me at at (919) 996-4071 or dale.hyattgraleighnc.gov Sincerely, Dale Hyatt, Engineering Supervisor One Exchange Plaza 1 Exchange Plaza, Suite 1020 Raleigh, North Carolina 27601 City of Raleigh Post Office Box 590 • Raleigh North Carolina 27602-0590 (Mailing Address) Printed on Recycled Paper Municipal Building 222 West Hargett Street Raleigh, North Carolina 27601 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NW 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Crabtree Creek Stream Restoration/Stabilization - Sawmill Road Site 2b. County: Wake 2c. Nearest municipality / town: City of Raleigh 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: City of Raleigh 3b. Deed Book and Page No. DB 2943 PG 175 - 3c. Responsible Party (for LLC if applicable): N/A DEOMATER RESOUMDEO—A S 401 & BUFFER PERMITTING 3d. Street address: 222 West Hargett Street 3e. City, state, zip: Raleigh, NC 27607 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: S. Wayne Miles, P.E. 4c. Business name (if applicable): City of Raleigh / Public Works Department / Stormwater Utility Division 4d. Street address: 127 West Hargett Street, 8th Floor 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: 919-996-5585 4g. Fax no.: 4h. Email address: robert.kirkpatrick@ci.raleigh.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Ron Johnson 5b. Business name (if applicable): AECOM 5c. Street address: 701 Corporate Center Drive, Suite 475 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: 919-854-6210 5f. Fax no.: 919-854-6259 5g. Email address: ron.johnson@aecom.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1707256559 1 b. Site coordinates (in decimal degrees): Latitude: 35.881016 Longitude: -78.653427 1c. Property size: 10.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: unnamed tributary to Mine Creek 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See attached sheet for additional information. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,400 3d. Explain the purpose of the proposed project: To stabilize the existing channel and remove a source of sediment to the Mine Creek Drainage 3e. Describe the overall project in detail, including the type of equipment to be used: See attached sheet for additional information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑X No ❑ Unknown Comments: No wetlands are resent - see attached sheets a 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See Additional Information regarding jurisdictional determinations 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑x Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. See additional information sheet for details. SAW -2014-01764 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands Q Streams — tributaries Q Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 _ Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0 2h. Comments: No wetland impacts are anticipated. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill UT to Mine Creek PER Corps 15 245 S2 T Stabilization UT to Mine Creek PER Corps 15 112 S3 P Indirect UT to Mine Creek PER Corps 15 576 S4 P Culvert UT to Mine Creek PER Corps 15 25 S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 958 3i. Comments: S3 Impacts are Indirect. See attached sheet for additional information on each impact. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) —Temporary 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0 4g. Comments: No open water impacts are anticipated 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? © Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number– Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 T Stream stabilization UT to Mine Creek No 31,675 7,059 B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 31,675 7,059 61. Comments: Buffers to be reestablished on new channel. Disturbed buffers on old/intermittent channel will also be replanted. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Buffer impacts minimized by not accessing or disturbing west side of new stream bank. Stream impacts have been minimized by eliminating the culvert greenway crossing within the sewer line right-of-way. See additional information Section D for information regarding sediment reduction and over all benefits to stream functions. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work will be performed in the dry. Flow will not be directed into the new channel until the banks are stabilized with coir matting or vegetation. Strict erosion control measures will be in place. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program Q Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: NSA 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Project is to restore an unstable stream system. See attached Additional Information - Section D. Impacts for installation of greenway crossing to be discussed with USACE following submittal of PCN. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes Q No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Buffers that are disturbed during construction will be replanted with trees. New buffers will be established along the new channel. 6h. Comments: Stream stabilization activities are listed as Exempt. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. No increase in impervious surface - no stormwater will be generated by the project ❑ Yes ❑X NO 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? off, 2b. Does this project require a Stormwater Management Plan? ❑ Yes 9 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Raleigh ❑x Phase II ❑X NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. The project will not generate any wastewater. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ❑X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ❑X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Review of NC Flood mapping and Wake County mapping. Wayne Miles, PE Applicant/Agent's Printed Name Date Applicant/ gent's Sigture (Agent's signature is Valid only if a authorization letter from the gplicant isprovided.) Page 10 of 10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2014-01764 County: Wake U.S.G.S. Quad: NC-Bayleaf GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Raleigh / Blair Hinkle Address: 127 West Hargett Street, 8th Floor Raleigh, NC 27601 Telephone Number: 919-996-7638 Nearest Town: Raleigh Nearest Waterway: Mine Creek Coordinates: 35.8810160 N, -78.653427° W River Basin/ HUC: Neuse / 03020201 Location description: The project is located off Sawmill Road, Raleigh, Wake County, North Carolina. Description of projects area and activity: This verification authorizes impacts to 933 LF of an unnamed tributary to Mine Creek for a stream restoration project. The stream will be relocated. Cross vanes will be installed, bed material will be added to riffles and the banks will be sloped and stabilized (NWP 27). Additionally, 25 LF of stream will be permanently impacted to install a culvert for a greenway trail crossing (NWP 14). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 27 & 14 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated April 29, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regafdirig this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tasha Alexan r t 919 54-48 t. 35 or tasha.I lexander@usace.army.mil. #I YrN Corps Regulatory Official: Date: May 31, 2016 sa lexn Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: There are stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary to Mine Creek which flows Crabtree Creek which flows into the Neuse River. The Neuse River ultimately flows to the Atlantic Ocean. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, jt must be received at the above address within 60 days of the date below. **It is not necessary to submitW RFA,form to tIADiyision Office if Corps Regulatory Official: not object to the determination in this correspondence.** Issue Date of JD: May 31, 20N6 Expiration Date of JD: Five years from Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://re ug lato_ty.usacesurvey.com/. Copy Furnished: Ron Johnson, AECOM, 701 Corporate Center Drive, Suite 475, Raleigh, NC 27607 2014-01764 SPECIAL CONDITIONS Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. * The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by- case basis. All requests for waiver must be in writing and shall include rationale for the request. Visual monitoring of the restoration project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer). Failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with our office. r Action ID Number: 2014-01764 County: Wake Permittee: City of Raleigh / Blair Hinkle Date Verification Issued: May 31, 2016 Project Manager: Tasha Alexander Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: City of alei h / Blair Hinkle File Number: SAW -2014-01764 Date: May 31, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of ermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1 -The following identifies your rig hts and options regarding an administrative appeal of the above decision. Additional information may be found at littp://www.usace.army.miI/Missions/CiviIWorks/Re ug lato!yProgyamandPermits.asL) or Cors regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer Tasha Alexander CESAD-PDO 919-554-4884 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NATIONWIDE PERMIT 14 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Linear Transportation Proiects. Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2 -acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3 -acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10 -acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 31.) (Sections 10 and 404) Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. dawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Mi rg atory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA - approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 3 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered_ Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until no by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 4 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/il2ac and http://www.noaa.gov/fisheries.html respectively. 19. Mi rg atory Birds and Bald and Golden Eales. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre -construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee -responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of 7 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee -responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 8 26. Coastal Zone Management. In coastal states where an NWT has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee - responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 0 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 10 (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 11 (2) For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre -construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there. is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 12 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district . engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 - acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period, with activity -specific 13 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 14 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably. foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 15 flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological. characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 16 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of "independent utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater mana eg ment: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 17 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or neighboring — to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. 18 Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT - The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the "Permits " section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWT's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 19 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NW's. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre -Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.army.mil/wetlands/ESA Applicants who do not have intemet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 20 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Inland Primary Nursery Areas" (IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: http://portal.ncdenr.ora/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 21 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Swain Telephone: 828 452-2546 Burke I Surr Transylvania Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: 828 452-2546 Graham Madison Transylvania Fax: 828 452-7772 Haywood I McDowell I Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links") 22 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 23 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by LAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5 -minute quadrangle maps. Circular Culvert Streambed Material f 12 Inches Rise (Diameter) Invert In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 24 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 25 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #14 - Linear Transportation Crossings_ 4.1.1. If appropriate, applicants shall employ natural channel design (see definition below and NOTE below) to the maximum extent practicable for stream relocations. In the event it is not appropriate to employ natural channel design, any stream relocation shall be considered a permanent impact and the applicant shall provide a mitigation plan to compensate for the loss of aquatic function associated with the proposed activity. Natural Channel Design: A geomorphologic approach to stream restoration based on an understanding of valley type, general watershed conditions, dimension, pattern, profile, hydrology and sediment transport of natural, stable channels (reference condition) and applying this understanding to the reconstruction of a stable channel. NOTE: For projects located within the Coastal Plain ecoregion of North Carolina and within headwater areas across the state, applicants should reference the following links for more information regarding appropriate stream design: http://www.saw.usace.anny.mil/wetiands/Hermits/nwp 4.1.2. Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -full channel cross sectional area. Additional culverts at such crossings shall be allowed only to receive flows exceeding bank -full. Approach Fill Roadway Culvert buried Bankfa belowstreambed - - - - - to appropriate depth (if required). Bafllef Stream Blockage Bottom 4.1.3. Where adjacent floodplain is available, flows exceeding bank -full should be accommodated by installing culverts at the floodplain elevation. 4.1.4. This NWP authorizes only upland to upland crossings and cannot be used in combination with Nationwide Permit 18 to create an upland within waters of the United States, including wetlands. 4.1.5. This NWP cannot be used for private projects located in tidal waters or tidal wetlands. 4.1.6. Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The final width of the impacted streams at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing. The waiver will be issued if it can be demonstrated that it is not OR practicable to limit the final width of the culvert to that of the impacted stream at the culvert inlet and outlet and the proposed design would result in less impacts to the aquatic environment. 27 NATIONWIDE PERMIT 27 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non -tidal wetlands and riparian areas, the restoration and enhancement of non -tidal streams and other non -tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in -stream habitat structures; modifications of the stream bed and/or banks to restore or establish stream meanders; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to establish or re-establish wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non -tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior -converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting. For those activities that do not require pre -construction notification, the permittee must submit to the district engineer a copy of. (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. 2 Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing any activity (see general condition 31), except for the following activities: (1) Activities conducted on non -Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in -lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. 3 NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 4 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA - approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 5 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS.or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which -actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 2 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA 7 section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACNP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Miti ag tom. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre -construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee -responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of Z the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee -responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 10 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) - (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee - responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 11 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 12 (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 13 (2) For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre -construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 14 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 - acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period, with activity -specific 15 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatorymitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 16 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 17 flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 18 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of "independent utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 19 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or neighboring — to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. 20 Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT. - The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the "Permits" section of our. web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 21 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP's. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre -Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.a=.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 22 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Inland Primary Nursery Areas" (IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (LAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: hqp://portal.ncdenr.ora/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 23 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Swain Telephone: 828 452-2546 Burke Surr Transylvania Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: 828 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nw 2p 012 (see "Quick Links") 24 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 25 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5 -minute quadrangle maps. Circular Culvert 12 Inches T Invert Rise (Diameter) In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 26 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 27 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #27 — Aquatic Habitat Restoration, Establishment, and Enhancement Activities. 4.1.1. If you are under contract to the North Carolina Ecosystem Enhancement Program (NCEEP) and are supplying a PCN for impacts associated with a mitigation project that will be used to supply mitigation credits to NCEEP, the PCN must include a cover letter from the NCEEP stating that they have reviewed and approved your restoration plan. 28 Water Resources ENVIRONMENTAL QUALITY January 9, 2017 City of Raleigh, Public Works Department Attn: Blair Hinkle 127 W. Hargett St., 8th Floor Raleigh, NC 27601 ROY COOPER Govemor S. JAY ZIMMERMAN Director DWR #14-0905 v3 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Crabtree Creek Stream Restoration — Sawmill Road Dear Mr. Hinkle: You have our approval for the impacts listed below for the purpose described in your application dated April 12, 2016 and received by the Division of Water Resources (Division) on October 20, 2016 with additional information received on December 16, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This 401 Certification for DWR #14-0905 v3 replaces the 401 Certification for DWR #14-0905 dated September 3, 2014. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream 958 (linear feet) 0 (linear feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Crabtree Creek Restoration — Sawmill Road DWR# 14-0905 v3 401 APPROVAL Page 2 of 4 No Waste, Spoil, Solids, or Fill of Any Kind 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 Pre -Construction Notification. 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. [15A NCAC 02H .0501 and .0502] 3. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail If sending via delivery service via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Crabtree Creek Restoration — Sawmill Road DWR# 14-0905 v3 401 APPROVAL Page 3 of 4 (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. Sincerely, �r Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3885 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 Crabtree Creek Restoration — Sawmill Road DWR# 14-0905 v3 401 APPROVAL Page 4 of 4 Ron Johnson; AECOM; 701 Corporate Center Dr., Ste. 475; Raleigh, NC 27607 DWR RRO 401 file DWR 401 & Buffer Permitting Unit --A Water Quality Certification No. 3885 Water Quality Certification Number 3885 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 02H .0500 and 15A NCAC 0213.0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 026.0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 If conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division' ): a) All proposed fill or modification of wetlands and/or waters, including streams and streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or creation activity, except for single and independent projects involving in -stream structures for the sole purpose of streambank stabilization, which are designed based on current natural channel techniques, and do not exceed a total of three structures within 100 feet or less of streambank; or b) Any stream relocation; or c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize non -natural armoring such as riprap, gabion baskets, deflection walls etc of greater than 150 feet in streambank length; or d) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize natural streambank sloping, vegetation, and other natural channel protection techniques of greater than 500 feet of streambank length; or e) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B.0200); or f) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Water Quality Certification No. 3885 -"L Water Quality Certification No. 3885 Activities Included in this General Certification that do not most one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1. Activities shall meet the definitions, design, and monitoring protocols specified within the US Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these documents. 2. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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 Pre -Construction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 3. Standard Erosion and Sediment Control Practices 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. 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. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -I, WS -ll, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Water Quality Certification No. 3885 Water Quality Certification No. 3885 4. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 5. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at hftp://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 6. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. Water Quality Certification No. 3885 'ry Water Quality Certification No. 3885 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan. or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 0213.0233-0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 11. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 13. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 15. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Water Quality Certification No. 3885 4 Water Quality Certification No. 3885 16. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. 17. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 18. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 19. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 21. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 22. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 23. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. Water Quality Certification No. 3885 5 Water Quality Certification No. 3885 This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007; WQC Number 3495 issued December 31, 2004; and WQC Number 3399 issued March 2003. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits and/or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3885 6 • .. I MAP a. a, f 9�NTS Mxb1eM er 01, �O � - V•ixY � q - 4a. ya 4 p - 1 P�M1Y' AT a•e snn ¢. TaPP•RiUgeq_ (�. �CATC10N e s� ct_ - - -- ; - - Y �' J o Trrx•u ci- 9'� Q!.. tHM 0 1820 ` snei o•nx� g'':r•.rana a° ] E Ngey Ct ,Q- 1827 n Table of Contents: Plans Prepared By: CAD File Path: �-s133:-cl�'.auc Fd1ii,11LL J4ECO-Fn,Lorts APPROVED Storm Water Manager DATE RECOMMENDED FOR CONSTRUCTION I DEPARTMENT I DATE SIGNATURE THE CITY OF RALEIGH RUFFIN L. HALL CITY MANAGER PUBLIC WORKS DEPARTMENT 0EC 2 8 2018 NANCY McFARLANE MAYOR City of Raleigh t rwa tied Crabtree Creek Stream Restoration/Stabilization Sawmill Rd. Site Project No. SM 2014 - 0064 Mine Creek Basin FEBRUARY 2014 PROJECT FEATURES CLEARING GRADING SEEDING AND MULCHING GRAPHIC SCALES 40 so 120 Plan View ................. 20 40 60 Hore. Profile............ - - -2 -- - --..__----------- Vert. Profile ............. 1 - - -- Title Sheet 2 -- General Notes and Construction Sequence 3 - Site Overview 4 -- Existing Conditions 5 - - Site Plan, Grading and Drainage 6 ----- -- Proposed Channel Profile 7 -- - -- -- Typical Cross Sections 8 through 13 -- General Details 14 Erosion and Sediment Control 15 Reforestation Plan 16 through 17 - - Reforestation Details IS through 26— Cross Sections Plans Prepared By: CAD File Path: �-s133:-cl�'.auc Fd1ii,11LL J4ECO-Fn,Lorts APPROVED Storm Water Manager DATE RECOMMENDED FOR CONSTRUCTION I DEPARTMENT I DATE SIGNATURE THE CITY OF RALEIGH RUFFIN L. HALL CITY MANAGER PUBLIC WORKS DEPARTMENT 0EC 2 8 2018 NANCY McFARLANE MAYOR City of Raleigh t rwa tied Crabtree Creek Stream Restoration/Stabilization Sawmill Rd. Site Project No. SM 2014 - 0064 Mine Creek Basin FEBRUARY 2014 PROJECT FEATURES CLEARING GRADING SEEDING AND MULCHING GRAPHIC SCALES 40 so 120 Plan View ................. 20 40 60 Hore. Profile............ - - -2 -- - --..__----------- Vert. Profile ............. GENERAL NOTES 1.CONTRACTOR SHALL CONDUCT THEIR OWN UNDERGROUND UTILITIES INVESTIGATIONS BEFORE COMMENCEMENT OF CONSTRUCTION. CONSTRUCTION SEQUENCE OF EVENTS A. Initial Site Preparation 1. Contact nursery and coordinate plant orders. 2. Close both ends of Greenway Path to pedestrians (see Pedestrian Barricade detail). Contractor to provide two week notice tc closing Greenway Trail 3. Stake construction limits, Neuse River Buffer and clearing limits as shown on the Plans or as directed by the Engineer. 4. Install construction entrances, tree protection fence'safety fence, and temporary silt fence. Environmentally sensitive areas, tree trees to be saved shall be fenced, marked ancVor staked (Coordinate with Engineer). 5. Prepare waste areas and staging, & stockpiling areas. Use safety fence and/or temporary silt fence to demarcate boundaries. 6. If applicable, salvage and stockpile vegetation transplants. (Coordinate with Engineer). 7. Begin invasive species removal operations according to the Project Manual and as directed by the Engineer. 8. Perform clearing activities in areas necessary to install sediment and erosion control devices. 9. Install primary sediment and erosion control devices as directed by the Plans or the Engineer. 10. Perform clearing activities in areas necessary to grade channel and install structures. Grubbing operations will be limited to disturbed area prior to installation of adequate sediment and erosion control devices (i.e. 250` increments). 11. Install any remaining erosion & sediment control devices as required by the Plans. Engineer prior to protection areas, and restrict the amount of 12. Remove other debris from within construction limits. Dispose of debris according to the Project Manual or as directed by Engineer. B. General Channel Construction I. Locations with Pumping'Diverting Within each segment, the following sequence will be followed: 1.Install stream crossings as necessary to locate equipment to the opposite side of the stream channel. 2. Install erosion & sediment control measures. 3. Set up diversion pump, piping, and outlet pad. 4. Install sediment pump and special stilling basin at location of downstream impervious dikesilt screen. If downstream structure is a silt screen or other sediment catching device, the sediment pump may not be necessary. 5. Install upstream impervious dike at location indicated under the Construction Sequence or shown on the plan and begin pumpingdiverting of the mainstream flow. 6. Install downstream impervious dikesilt screen at location indicated under the Construction Sequence and initiate pumping of sediment -laden water from construction area as needed. 7. Construct the stream in maximum 250 -foot lengths. Within each 250 -foot construction length, the following will be done: a. Excavate and stockpile any existing bed material to a depth of one foot for later placement in the newly constructed channel. b. Grade proposed stream to elevations specified in the profile, stockpiling oil topsoil for later use on planting areas. Construct from downstream to upstream or as directed by the Engineer. Only remove existing dam with Engineer approval. c. Stockpile all remaining soil to use as backfill for filled channel. d. Install structures in locations as specified in the Plans or as directed by the Engineer. e. Replace topsoil, install seeding, mulch, and coir fiber matting on all disturbed stream banks per the Plans before moving on to the next 250 -feet construction length. 8. Perform ripping, spreading of topsoil, application of fertilizer and lime, discing, temporary and permanent seeding, and mulching operations in all disturbed areas for the reach segment. 9. Unless construction is outside the dormant season, install permanent plantings. This work includes all landscaping, plantings, and seeding. If segment construction is outside the dormant season, plant ppermanent vegetation according to 'Vegetation Installation' below. 10. The pumpingydiverting systems and impervious dikes 1t screens may be relocated as approved by the Engineer. 11. Water may be diverted into the newly constructed channel after inspected by Engineer and approved. (Note: Water shall not be diverted into the newly constructed channel until structures and coir fiber matting have been Installed. 12. Fill the existing abandoned channel immediately after water is diverted into the newly constructed channel. II. Locations without PumpingDiverting Within each segment, the following sequence will be followed: 1. Install stream crossings as necessary to locate equipment To the opposite side of the stream channel. 2. Install erosion & sediment control measures. 3. nstall sediment pump and special stilling basin at downstream limit of segment. 4. Install structures in locations as specified in the Plans or as directed by the Engineer. 5. Install seeding, mulch, and coir fiber matting on all disturbed stream banks per the Plans. 6. Perform ripping, spreading of wood chips and topsoil, application of fertilizer and lime, discing, temporary and permanent seeding, and mulching 7. =coperations in all disturbed areas for the reach segment. onstruction is outside the dormant season, install permanent plantings. This work includes all landscaping, plantings, and seeding. If segment construction is outside the dormant season, plant permanent vegetation according to 'Vegetation Installation' below. C. Construction Sequence 1. Active Stream Relocation Procedure Portionsof the proposed channel not coincident with the existing channel shall be constructed in the dry while maintaining flow in the existing channel. Disturbed areas draining into the active channel shall pass thru appropriate erosion & sedimentation control measures prior to entering the active channel. The 'Method of Grading for Erosion Control' detail shall be used to minimize sediment -laden water entering the active stream. Sediment pumps shall be used to remove sediment -laden water that has infiltrated into the construction area during construction. (See "Pumping` detail.) Water from these dewatering operations will be filtered prior to discharging into the active channel. Wherever possible, the sequence is arranged to allow completed proposed channel areas time to establish vegetation . The order of construction listed below may be revised by the Engineer to better meet the needs of specific issues encountered during construction. The order of the new channel construction and in -stream restructure is as follows: 1. Install temporary stream crossing over existing channel where noted on plans. 2. Install earthen berm at Sta. 16+25. 3. Begin constructing new channel between Sto. 16+25 thru Sta. 12+00. This section shall be constructed in the dryand the 250' construction limitation is not applicable to this station range. Install coir fabric. Coir fabric must be installed prior to beginning new channel construction. Install silt fence along completed channel as shown on the plans. 4. Install impervious dike #1 and impervious dike #2 for a pump around of approximately 50 feet. Complete channel between Sta. 16+25 thru 16+73, grading right bank only. Leave existing channel on left bank intact. Install coir fabric. Coir fabric must be installed prior to beginning new channel construction. Install silt fence along completed channel as shown on the plans. 5. Remove impervious dike #1 and impervious dike #2. 6. Install impervious dike #4 and impervious dike #5. Complete channel between Stu. 10+00 thru 12+00. 7. Remove Impervious dike #4 and impervious dike #5. 8. Remove berm at16+25. 9. Install impervious dike #3. Complete left side of channel between Sta. 16+25 thru Sta. 16+72. Install coir fabric. Coir fabric must be installed prior to beginning new channel construction. Install silt fence along completed channel os shown on theplans. 10. Fill existing stream channel at locations noted on plans, placing select impervious fill where noted. Place fill in 61ifts, compact each lift prior to the next lift being installed. 11. Install rock check dams on tributary where noted on plans. D. Post -Stream Construction 1. Once vegetation has been established, remove all remaining sediment and erosion control devices, dismantle staging and stockpile areas, and re -grade and remove haul roads at The direction of the Engineer. 2. Seed and mulch staging areas, stockpiling areas, haul roads, and any remaining non -vegetated areas outside of the stream. 3. Remove sediment and erosion control measures. E. Vegetation Installation Install permanent plantings This work includes all landscaping, plantings, and seeding (permonenNemporary'repair) not done in conjunction with the 'General Channel Construction'. This will only be done as a separate phase if channel construction is done outside of the dormant season and it is a specific request of the Engineer. EARTHWORK LOCATION UNCLASSIFIED EXCAVATION UNDERCUT EMBANKMENT BORROW WASTE 775810.69 (CY) (CY) (CY) (CY) (CY) PROPOSED CHANNEL 2479 775561.27 470 320.376 2009 SITE CONTROL POINTS PT NORTHING EASTING ELEV BL #100 776057.629 2102812.653 336.53 BL #101 775810.69 2102813.982 330.381 BL #102 775685.76 2102745.315 320.967 BL #103 775561.27 2102716.707 320.376 BL #104 775392.782 2102681.26 312.573 BL #105 775170.717 12102656.417 1 310.515 ALIGNMENT DATA STRUCTURE LOCATION DATA STATION' DESCRIPTION 10+00.0 ROCK CROSS -VANE 10+52.0 ROCK CROSS -VANE 11+20.0 ROCK CROSS -VANE 11+50.0 ROCK CROSS -VANE 11+72.0 ROCK CROSS -VANE 12+02.0 ROCK CROSS -VANE 12+32.0 DOUBLE DROP ROCK CROSS -VANE 12+62.0 DOUBLE DROP ROCK CROSS -VANE 12+92.0 DOUBLE DROP ROCK CROSS -VANE 13+16.0 ROCK CROSS -VANE 13+48.0 ROCK CROSS -VANE 14+14.0 ROCK CROSS -VANE 14+89.7 ROCK CROSS -VANE 14+45,2ROCK CROSS -VANE 15+95.6 ROCK CROSS -VANE 16+31.6 ROCK GRADE CONTROL VANE 'Station of upstream sill STATION CURVE RAKE NORTHING EASTNG TANGENT BEARING CURVE/TANGENT LIENGTH (FT) DELTA ANGLE CHORD RADIUS LIENGTH (FT) (FT) 10+00.000 PDT S 9.47'05.00'W 52.248 10+94.338 PC 2,102,654.24 775,708.13 11+03.545 G1 RAD 2,102,688.73 775,702.18 18.006 29°28'33.50"(LT) 17.808 35 11+12.344 PT 2,102,655.78 775,690.39 19° 41'28.50" E 65.312 11+77.656 PC 2,102,677.78 775,828.90 11+83.300 G2 RAD 2,102,643.81 775,620.50 11.191 18° 19' 10.15' (RT) 11.143 35 11+88.847 Pr 2,102,678.70 775,617. S 4° 26' 10.50" W 47.821 12+36.668 PC 2,102,675.00 775,570.12 12+41.975 G3 RAD 2,102,650.08 775,572.05 10.458 23'58'03.47 -(RT) 10.382 25 12+47.126 FT 2,102,672.07 775,560.16 S 28° 24' 13.97"W 19.415 12+66.541 PC 2,102,662.83 775,543.08 12+75.950 C-4 RAD 2,102,698.02 775,524.05 18.481 26° 28' 18.27- (LT) 18.481 40 12+85.022 Pr 2,102,658.04 775,525.40 S 1`55' 55.69' W 31.918 13+16.940 PC 2,102,656.96 775,493.50 13+25.483 G5 RAD 2,102,696.94 775,492.15 16.833 24°O6'Wig- (LTJ 16.709 40 13+33.773 1 PT 2,102,659.90 775,477.05 22° 10' 44.50" E 19.448 13+53.221 PC 2,102,667.24 775,459.04 13+61.333 G6 RAD 2,102,644.09 775,449.61 15.688 35'57 15.30* (RT) 15.432 25 13+68.909 Pr 2,102,668.37 775,443.65 13°46'30.80" W 120.825 14+69.734 PC 2,102,699.80 5,326.30 14+92.625 G7 RAD 2,102,673.60 775,317.97 5.769 9° 26'36.23"(0) 5.762 35 14+95.503 Pr 2,102,638.70 775,320.61 S 4° 19' 54.57' W 49.724 15+45.227 PC 2,102,634.94 775,271.03 15 1.180 8 RAD 2,102,605.03 77 ,273.30 11.753 22°26'44.50'( 11.753 30 15+58.980 Pr 2,102,631.81 775,259.78 26°46'39.07" W 74.637 16+31.616 2,102,596.18 775,193.15 16+46.580 G9 RAD 2,102,633.89 775,175.13 1 28.638 41°01'15.05"(1-7) 28.638 40 16+60.254 Pr 2,102,595.12 775,165.28 14° 14' 35.98" It 1 12.33 15+72.564 POT 2,102,598.16 775,153.33 olr Flo SHEET I OF 26 r ` t 1 Y I Y Q1 F ♦ ,e .;A 4i�L y , a , a+ + fi: Q Y v . -.. �t+� x j ^�'M.v w, � i of „ xF � .1 � I � •. ": i ! Q. s;. c A - All I` w 4 " < YY 4 _ w i 60180535 HORI&SCALE I"- 80'City of Raleigh NO Wil, DESCRIPHON W m SITE OVERVIEW JOB NO. VERT. SCALE Crabtree Creek Stream Restoration/Stabilization St �� a e� I ?I]-11 DRAFT IOOZ SET - Sawmill Rd Site CAD FI LE PATH / �, PRELIMINARY 11TFOR CONSTRUCTION CJ BMD N C ACOM CHECKED BY PROJECT NUMBER: PREPARED BY SDA111 SM 2014 - 0064 APPROVED BY —T DA Bt •100 CLEV,336.53' RESAR WITH CAP NAD 83 GRAPHIC SCALE 40 8.0 120 6mmm� F—X 4 N,6 -STREAM Ez,02156.Q C IE KBAR WITH CAP z C) LEGEND Property Line w,ti.g 1'.. Pin, Properly Corner E. i::in: Righl of Way Line E. in . E . —M Un. Existing Edge of P --n, Shea. ., Body of Water Sanitary Sewer Manhole UG Sanitary $,", Line E.i.liw Neuse Buff., Z.- 1 (30') Existing Neuse Buffer Zone 2 (20') Tree L. -ti.. Existing Mina, Pipe Esist'ingTrae Line Existing Major Can,.., Existing Minor C.nf.., Easfing Stmmms (Fm, Wake County GIS) OF 26 2-- 0­ ELD0231330.311' PEBAR WITH CAP 11Z I 0 Z� Q 0" 0 0 :�9 SSMH ' 00 0 0 0,— l9i cp T 322 BO F—X 4 N,6 -STREAM Ez,02156.Q C IE KBAR WITH CAP z C) LEGEND Property Line w,ti.g 1'.. Pin, Properly Corner E. i::in: Righl of Way Line E. in . E . —M Un. Existing Edge of P --n, Shea. ., Body of Water Sanitary Sewer Manhole UG Sanitary $,", Line E.i.liw Neuse Buff., Z.- 1 (30') Existing Neuse Buffer Zone 2 (20') Tree L. -ti.. Existing Mina, Pipe Esist'ingTrae Line Existing Major Can,.., Existing Minor C.nf.., Easfing Stmmms (Fm, Wake County GIS) OF 26 2-- 0­ sz 11Z I 0 Z� 0 ' 00 :4 cp as 6 Bz I ol.--.. F—X 4 N,6 -STREAM Ez,02156.Q C IE KBAR WITH CAP z C) LEGEND Property Line w,ti.g 1'.. Pin, Properly Corner E. i::in: Righl of Way Line E. in . E . —M Un. Existing Edge of P --n, Shea. ., Body of Water Sanitary Sewer Manhole UG Sanitary $,", Line E.i.liw Neuse Buff., Z.- 1 (30') Existing Neuse Buffer Zone 2 (20') Tree L. -ti.. Existing Mina, Pipe Esist'ingTrae Line Existing Major Can,.., Existing Minor C.nf.., Easfing Stmmms (Fm, Wake County GIS) OF 26 Y: �- Lj vEl s r NAD 83 BRANDY WOOD CTIN t P i GRAPHIC SCALE s 3 IP1 12?r - LP �`L r .. 40 80 120 0 I F 93 IS, C SSWI /L TOP= 726/ �\� \ =8,3 z NF CHErK DAM z. may. ."' 4 ❑ __. CE SELECT FILL AND 1nna 0 rn= r BL •roo _ __. _ _ -.._ —_— L��A $aB ;�T4v 9 i 1: - _ Jl I ;y\ GRADE 2:1 DOWN TO P b� { \ a N.TT6057.62s---^-�- •I c.� Ir If' p i -, t '', ,� EXISTING CHANNEL BED 8 3 EIP " ] 4 ` '' COVER WITH COIR FABRIC l .F 1 E•2102812.653 .c \ ~'•"^•�..,,,,. F° _ ELEV.=336.53' %'' - r exec, NO EQUIPMENT CROSSING a 0 REBAR p1TH CAP f,S.T9 TD�kL' BL •101 ,,,�'`� L N T758f0.69 861 M.py d �t'17 `� ACCESS TO BE BARRICADED E=2f028O.98 A� FeP W AFTER WORK EACH DAY EL EV: 330.70 �+ 4 REBAR MT H CAP ( `.55` PEDESTRIAN BARRICADE 3 LIMIT$ OF GRADE CENTER OF. r _ FILLED CHANNEL AT i 1 DISTURBANCE POSITIVE SLOPE SEWER LINE STABILIZATION h\ U BETWEEN POINTS I AND BACKFILLCONST b ° O ACCCESSRUCTIOI0 O O .,_O - INDICATED ON PLAN' ° o O o 0 6 0 0 0" BL •102 p N n O�� O O @Ol Q..G ��. a0 O fig,®t�° °rANI45.r6 �FILL EXISTII•i CHANNEL - ,"",.:. "' O \�._... \ �... !!••EkS+� ^O'_.. QING V.,�_FVP O O ti. \� STR TEAM REMOVE EARTHEN O O c$03v"...Oo 9 EMB.4 NT .. ° DO Y.• J Off, ^ ,,�� C p `O (140' x 25') Cif-^.,� o o o° , f o $ ° quo 0 0 0 of A s P g .. �o o.. �. oPk77i I o 0 0° o 0 0 o e a a z g� - OT O O O A w, - TAY Ph 17 rJA O CHAIN ACCESS 0 _ C �, O_ O O o AFTER HOURS .HAUL ROAD .. p�" -0D8p _�\\�.RY� _::� b C,��O O� •pi O O T� "^• _ _U 197, b, ° p0 \\ ,`ter\; O N=ASd61.2r .0 O �] m,^ ( ,• • 00) Q. o NgtSNdG! AREA t ' ®zwia6.n DOl98LE �R°OP ROCK o O ,e LBN OF i Vl - ry • B._ - O.` - - ' -�: ELEV:=3z0s6 O (CROSS -VANE P. \� `.,O O p" Sl- v O DISTURBANCE a R 0 Si ! r `�, :;ARE lb ®IPV` c _ C 1�I O O OJ " L``" 4-�_ o Sswf RELO TED SOIL?ATH^ A \ GREENWAY STREAM CROSSING W 14 '. n. TOP= 317.T37 C) \ _ 2 O 6^� TEMPORARY \ �j C[��O _ �O o 4 O 16' �•""�'� O 8 FINAlBE Bk BE AS SHOWN) 13� BEGIN STREAM CONSTRUCTIO �° 1 ° $r a ° ` x: STA 10+00 FILL ExIsnNG ° Q',; FbOT a4 ° ° ° o ° ° °® 1� 'Rx'' '_ Tr', _- rise: •=1-, .. •, - I C CHANNEL°` _C O O Frrl U N FLOW > ,. - _ - .r _ � r PEDESTRIAN BARRICADE d r 00 ' Q \ TRANSITION TO CY - - ')O H - 1 I TOP - IN e► •eu " ^� - Y�O O.O i-- PLACE SIGN 0.75 MILES EXISTING (MIN 50') Cb" O` _. _ _ i 11 N-775392.78 ` �1 ` O . ._ STA. 11 +12.3 1 E_ 268L26 A '. ., Cb � ��/ SOUTH AT GREENWAY } 'F' .\ r O I INTERSECTION STATING, - BEGIN "B STREAM" 11 ELEV.•31i3T' USE C STREAM" 2 ., FLOW "GREENWAY CLOSED 0.75/ ...3 \ ` T .TYPICAL SECTION ...TYPIrA 11 — = REBAR W1TH CAP �•, �° __qJ THR r %_ �/.. TRAFFIC U �!/ 1 to 'rTr (IF HA r,,: 3 O /` ❑ fGD .. .. 18 29S107L 9 7. REMOVE STANDPIPE STA. 13+68.91 MILE AHEAD N m PGE:'= AND 8" DIP RESUME C STREAM" TYPICAL sEcnoN END STREAM CONSTRUCTION - ' . • . __, • (APPROX. LENGTH a 65') - STA. 16 + 72.5 > LIMBS OF" -.. - � - -� PROPOSED THALWE DISTURBANCE 0 I .... PROPOSED FLOODPLAIN APPROXIMATE LOCATION } 2 ROCK CROSS -VANE GRADING OF EXISTING FOOTPATH 1 ROCK GRADE CONTROL VANE ! h m m TRANSITION TO - S EXISTING (MIN 50') LEGENDROCK TOE If Property Lira— _ - - -- _.,..r.•o.w __. _' ... 1 _.^ __ EAishng Iron Pin - — 2 Property Comer Edshng Righd of Way line — --- - - V g z GRADING PIAN NOTES: Eeishng Easement Lins E__ --- -- 1. INSTALL EROSION CONTROL MEASURES. IN Eaafing Edge of Pavement ---- 2.W ALL NEW GRADING SHALL MEET EXISTING GRADES Stream WITH SMOOTH TRANSfiIONS. 1, F-' or Body of water Sanirary Sewer Manhole • 1 ".5'::' r M W LPG sanifary Sewer Line DOUBLE DROP ROCK e z dP —` CROSS -VANE EusHng Neuse Buffer Zone 1 (30') BZ 1— Eu'sfing Neese Baffor Zone 2 120'I —BZ 2—LIMITS OF ROCK 2 z .err.: A W8 CK CROSS -VANE \ QC DISTURBANCE Tree Location O ExuHn Minor Pi = — = 24. 9 pe �fl .7ss 652 CHANNEL PLUG ® \ ❑W Eushng Tree true 1!`ir!?'Lri ROCK GRADE CONTROL VANE 1 a a: 2p C %LKATHEItNE -Al Y•.r: EusNng Mopr Conbur — — — — — kX F4N 1707 532]0 uPRaiy 0X u TT1"FL 1913 f Eu,Hng A4nor Como., — — — — — � BOULDER TOE 2 �^=" n371 r � „fe 9T8 ac 642` e n _ �; ��,• 1978 PG 642 Proposed Contours 3 ti <', :< .✓ HVF el� I' �m I ) ,,� .(1 CHECK DAM �J PETER ocwa_ Fzafing St -d— (From Woke Counts STONE DISI w � TAX J J 2 1' A L DEI 52 P 9'- "'S„ `:a SHEET OF r PEDISTRIAN BARRICADE 5 26 IItvv IZ+UU 13+00 1d�Al1 a nn 320 MEN MENNEN PROPOSED STREAM EXISTIN .GROUN 31O ROPOSED BANKPULk No MENNEN MENNEN 3NoK-1 . . 300 END REAM RQIif STA. 1 + 72.5 co to o L'LOCK'GR4E: CONTR L VANE 1 290 . . .. .. . .. . .. ...... _ •. . ,. - _. . . NOTE: STf UCTURE.S MBOLS N T TO _5 LE IItvv IZ+UU 13+00 1d�Al1 a nn 320 PROPOSED STREAM EXISTIN .GROUN 31O ROPOSED BANKPULk . . 300 END REAM RQIif STA. 1 + 72.5 co to o L'LOCK'GR4E: CONTR L VANE 1 290 . . .. .. . .. . .. ...... _ •. . ,. - _. . . NOTE: STf UCTURE.S MBOLS N T TO _5 LE IVTVV PRELIMINARY SHEET OF Do Not Use For Construetlon 6 26 NOTE: WING R WING 1. HEADER. FOOTER, AND SILL ROCKS TO 1/3 WIDTH 1/3 WIDTH BE BOULDERS BANKFULL BANKFULL 2. ALL VANE ARMS TO BE BACKFILLED w WITH NATIVE FILL m I n I o BANKFULL ELEVATION 5 � 0 ro 0 '� a_ I CROSSWING J I D 1/3 WIDTH H BANKFULL BANKFULL \ ANGG-E 2 SILL ROCKS SHALL BE SET AT NATIVE BACKFILL ---\ BASE FLOW 6'-8'BELOW BANKFULL ELEV. r ELEVATION NATION TO PREVENT WATER FROM CUTTING CHANNEL BED (SEE D-0'1 £ yc t� c� VARIESI AROUND STRUCTURE _ = NO GAPS — > BETWEEN NATIVE BACKFILL o tom ROCKS _ D MATERIAL, -57 STONE \BEDDING n I\ _ TYPE 2 FILTER FABRIC o I TYPE 2 FILTER FABRIC, n 1 CHANNEL BEO -z (INSTALLED ON UPSTREAM SIDEI LOW I \ SET HEADER ROCK AT SECTION D -D' 6 0 A \ PROPOSED BED ELEVATION FOOTER ROCK \ 'IF TER ROCK I SECTION A-A'(UPSTREAM VIEW) 3 �� r END OF SILLS `o TO BE BURIED IN TOE OF BANK BANK AT LEAST 6' 'MIN. 0.5 FT DROP BETWEEN (J PLAN VIEW ASEFLOW - CROSSES - *'MIN ---- FLOW-� BANKFULL B WING SLOPE 14:1 ��� SCOUR B BEDDING MATERIAL.•57 STONE - - - - - STREAM BED ELEVATION FOOTER ROCK TYPE 2 FILTER FABRIC TO EXTEND 0.5'BELOW BOTTOM OF FOOTER ROCK DEPTH OF SCOUR POOL TO EQUAL MAX POOL DEPTH STRUCTURE STONE.CLASS A TO .d �N DOUBLE DROP ROCK CROSS -VANE SECTION C-C'PROFILE VIEW FILL VOIDS BETWEEN BOULDERS (n 6� w FOOTER ROCK I� SECTION B-B' SCALE: NTS W z ' WING R WING wU N NOTE: W H BANKFULL BANKFULL d 0 1. HEADER, FOOTER, AND SILL ROCKS TO (L; a BE BOULDERS z y CL I n 1 WING R 2. ALL VANE ARMS TO BE BACKFILLED m I I/3 WIDTH 1/3 WIDTH BANKFULL ELEVATION " WITH NATIVE FILL a 0 m � 0 ro BANKFULL BANKFULL VI ♦� 0 I I SILL ROCKS SHALL BE SET AT 0 — E J D BASE FLOW 6'-8' BELOW BANKFULL ELEV. I / IND z £ ELEVATION TO PREVENT MATER FROM CUTTING PNGLE N ZC (VARIES" AROUND STRUCTURE NATIVE BACKFILL A I (y NO GAPS (SEE D -D') / £ BETWEEN 7BACKFILL CHANNEL BED I Zc 1� ROCKS i n r I� �o y - NATIVE FLOW \ D D' BEDDING MATERIAL. •57 STONE �I I\ CHANNEL BED I TYPE 2 FILTER FABRIC \ SET HEADER ROCK AT FOOTER o TYPE 2 FILTER FABRIC. / /' 1 \ PROPOSED BED ELEVATION ROCK h i w (INSTALLED ON UPSTREAM SIDEII 1 o A SECTION A-A'(UPSTREAM VIEW) SECTION D -D' I I FOOTER ROCK I END OF SILLS HEADER ROCK V] TO BE BURIED IN TOE OF BANK ►a. BANK AT LEAST 6' I' MIN. Q r PLAN VIEW - -_ _ pBASEFLOW W - _ A BANKFULL B WING SLOPE CHANNEL BED SCOUR 14:1 B STREAM BED BEDDING MATERIAL. -57 BOOL88 \\ cz w - ELEVATION STONE `-FOOTER ROCK w ^_ gP W 0 TYPE 2 FILTER FABRIC TO EXTEND �% ^ 0.5'BELOW BOTTOM OF FOOTER ROCK DEPTH OF SCOUR POOL TO EQUAL MAX POOL DEPTH FOOTER ROCK I Z ROCK CROSS -VANE STRUCTURE STONE.CLASS A TO FILL VOIDS BETWEEN BOULDERS OF SECTION B -B' $ SCALE: NTS SECTION C -C' PROFILE VIEW ESHEET 26 NOTE: 1. HEADER, FOOTER, AND SILL ROCKS TO BE BOULDERS 2. ALL VANE ARMS TO BE BACKFILLED WITH NATIVE FILL TYPE 2 FILTER FABRIC. (INSTALLED ON UPSTREAM SIDE) m a I 7- I z 4 o ANGLE L BASE FLOW ELEVATION a 0 11' // - l — J I_ J / _ J� (VARIES) h= 1:r / 3 CHANNEL U I NO GAPS Jy0 ELEVATION BETWEEN U �� ROCKS 2 ,•. ,: ._ EXISTING CHANNEL """- 3 NATIVE BACKFILL 2V n I o IMPERVIOUS SELECT (SEE D -D') I/ / FLOW BOTTOM MATERIAL z 0 0' 1 0 o / / D CHANNEL BEO cG r.l I z 7q SET HEADER ROCK AT V N ,{ I r PROPOSED BED ELEVATION 1 I O � SECTION A -A' (UPSTREAM VIEW) / / I A' FOOTER ROCK a w r^ V VI m ENO OF SILLS TOE OF BANK TO BE BURIED IN BANK AT LEAST 6' PLAN VIEW FOOTER ROCK BANKFULL --� ELEVATION CHANNEL BED NATIVE BACKFILL 'ql f/ BEDDING MATERIAL, J •57 STONE TYPE 2 FILTER FABRIC SECTION 0-0' STREAM BED ELEVATION SECTION B -B' SILL ROCKS SHALL BE SET AT 6'-8'BELOW BANKFULL ELEV. TO PREVENT WATER FROM CUTTING AROUND STRUCTURE ROCKS HEADER ROCK V MIN. v BASEFLOW - .r---FLOW-� ------ CHANNEL BED ` ` SCOUR BEDDING MATERIAL, -57 STONE FOOTER ROCK TYPE 2 FILTER FABRIC TO EXTEND 0.5'BELOW BOTTOM OF FOOTER ROCK DEPTH OF SCOUR POOL TO EOUAL MAX POOL DEPTH STRUCTURE STONE.CLASS A TO FILL VOIDS BETWEEN BOULDERS SECTION C -C' PROFILE VIEW 1 ROCK GRADE CONTROL VANE 9 SCALE: NTS 2' MIN NnTFS 1.90% COMPACTION RATE IS REQUIRED ON CHANNEL PLUG OR AS APPROVED BY THE ENGINEER. z OPSDPSAISATNTPROETREMNEEDOMACH PROPOSED CROSS SECTION IN THAT REGION. 3. THIS STRUCTURE SHALL BE PLACED AS DIRECTED BY THE ENGINEER. MATCH PROPOSED CHANNEL CROSS- SECTION PROPOSED BANKFULL ELEVATION PROPOSED CHANNEL BOTTOM 2 ROCK TOE 9 SCALE: NTS ] t; 0 U fi, i EXISTING CHANNEL PROPOSED CHANNEL WIDTH VARIES I PERVIOUS SELECT TERIAL F TOE OF BANK PROPOSED PLAN VIEW OF EXISTING CHANNEL WITH CHANNEL PLUG 3 CHANNEL PLUG BANKFUL ELEVATION g .. :. ,•. ,: ._ EXISTING CHANNEL """- .. ' AM v% R; IMPERVIOUS SELECT a BOTTOM MATERIAL z p SECTION B -B' o z ' cG r.l .• MAT H T P EL O~I V N XIS N GRADE) r My d O � NATIVE FILL 2 a w r^ V VI 6' MIN.OF BOTTOM OF TOPSOIL EXISTING IMPERVIOUS SELECT CHANNEL COIR MATTING MATERIAL ON TOP OF TOPSOIL c s SECTION A -A' w m o MATCH PROPOSED CHANNEL CROSS- SECTION DIMENSIONS I E B sa< o A A' 2:1 EXISTING CHANNEL i PROPOSED CHANNEL B' I PERVIOUS SELECT TERIAL F TOE OF BANK TOP OF BANK PLAN VIEW OF EXISTING CHANNEL WITH CHANNEL PLUG 3 CHANNEL PLUG SCALE: NTS SHEET UI 9 1 26 TOP OF NOTES: STREAM BANK 50' MIN. A 2.5' BUT SUFFICIENT TO KEEP 1. PUT SILT FENCE OR THEE PROTECTION FENCE UP • FLOW STAKE DETAIL7 2 IN. x 2 IN. (NOMINAL) SEDIMENT ON SITE TO ENSURE CONSTRUCTION ENTRANCE IS USED. WOODEN STAKE 0. 0�b 0 0 0 0 o 00000 ooa 000 og o0� k 1 IN. 0o S0oo 000g000 0�0 000 00 0 0000 2. IF CONSTRUCTION ON THE SITES ARE SUCH THAT 00 0o THE MUD IS NOT REMOVED BY THE VEHICLE TRAVELING 2.5 ? a o0 2" - 3" STONE TO BE USED OVER THE STONE, THEN THE TIRES OF THE HARDWOOD STAKES 2 IN 3 a o TYPICAL 2 IN, X o 'o (SURGE STONE OR o 0 12' MIN VEHICLE MUST BE WASHED BEFORE ENTERING THE w ¢ o o RAILROAD BALAST ) 000 PUBLIC ROAD. • 000 0 0 00 A' 12 IN 000000 00 oo0po TRENCH o0 0 o 0 0040 0 0 0 0 ° 0 0 so 0 o0p o 00 3. IF A PROJECT CONTINUES TO PULL MUD AND DEBRIS TOE OF BANK o0 0 0 0000000 ogoo 00 00 0 0o ON TO THE PUBLIC ROAD, THE GOVERNING AUTHORITY O PLAN VIEW WILL CLEAN THE AREA AND INVOICE THE FINANCIALLY RESPONSIBLE PERSON AS INDICATED ON THE FINANCIAL PLAN RESPONSIBILITY FORM. COIR MATTING [TYPICAL BASEFLOW NEW CONSTRUCTION OVERLAPS 5 FT. ELEVATION COIR MATTING OVERLAP UPSTREAM FABRIC EXISTING ROADWAY 35' MIN.-- 15' MIN. �� p o HARDWOOD STAKE OVER DOWNSTREAM FABRIC AT SEAMS IN. :::77T6 I .MI °:•0 00000 00 0 00 0 000 0000 0 00000000i2aRE 6'MIN, p.7 :. 0000000000000 00080000000 0 0 000-1 12'MIN.$III—IIII d �� _ v iii—iii—iii-1 i 1—iii—iii—i n i i-111- 2 FT. I,•, .. I a III—III=III—III—III=III_ III—II� I IIN• KEYED IN COIR �I�—ILII ��I—VIII �—IIII—VIII_ _a Cd FABRIC (TYP.1 0 5' MIN. SECTION A -A' VIII= IIII= FABRIC UNDER STONE V A.. NOTE: �M 1. MAXIMUM SINGLE LENGTH OF MATTING IS 100'. CROSS SECTION 1 COIR FABRIC 2. TOP AND BOTTOM EDGES OF MATTING/MESH �p SGLE: NTS SHALL BE KEYED IN. CONSTRUCTION ENTRANCE 3. BANKS SHALL BE SEEDED PRIOR TO 1 p SCALE: NTS PLACEMENT OF MATTING. o W 'w �w fIFSiC;N f'RiTFRIA NnTFS NCD0T#5OR w a' 1. PLACE STONE TO THE LINE AND DIMENSION SHOWN IN THE PLAN ON A 1/2 DIAMETER OF PIPE #57 WASHED STONE e W R 1. KEEP A MAXIMUM HEIGHT OF 2 FEET AT THE CENTER OF THE DAM. FILTER FABRIC FOUNDATION. OR 12" WHICHEVER IS 6"DEEP CLASS "B" 1� C 2. KEEP THE CENTER OF THE CHECK DAM AT LEAST 9 INCHES LOWER GREATER C THAN THE OUTER EDGES AT NATURAL GROUND ELEVATION. 2. KEEP THE CENTER STONE SECTION AT LEAST 9 INCHES BELOW NATURAL GROUND LEVEL WHERE THE DAM ABUTS THE CHANNEL BANKS. r Z ay .KEEP THE SIDE SLOPES OF THE DAM AT 2:1 OR FLATTER 3. EXTEND STONE AT LEAST 1.5 FILTER FABRIC w r F c FEET BEYOND THE DITCH BANK TO KEEP ° 4. ENSURE THAT THE MAXIMUM SPACING BETWEEN DAMS PLACES THE WATER FROM CUTTING AROUND THE ENDS OF THE CHECK DAM. _ _ _—III III SIN U til TOE OF THE UPSTREAM DAM AT THE SAME ELEVATION AS THE _ TOP OF THE DOWNSTREAM DAM. 4. SET SPACING BETWEEN DAMS TO ASSURE THAT THE ELEVATION AT THE d TOP OF THE LOWER DAM IS THE SAME AS THE TOE ELEVATION OF THE III —III III— III—III O On 5.STABILIZE OUTFLOW AREAS ALONG THE CHANNEL TO RESIST EROSION. UPPER DAM. G.USE CLASS B RIPRAP 5. PROTECT THE CHANNEL AFTER THE LOWEST CHECK DAM FROM HEAVY W FLOW THAT COULD CAUSE EROSION. CAPACITY OF PIPE CULVERTS B. KEY THE STONE INTO THE DITCH BANKS AND EXTEND IT BEYOND TOGETHER =BANK FULL FLOW VI THE ABUTMENTS A MINIMUM OF 1.5 FEET TO AVOID WASHOUT FROM G.MAKE SURE THAT THE CHANNEL REACH ABOVE THE MOST UPSTREAM IS ELEVATION OVERFLOW AROUND THE DAM. STABLE. 7.ENSURE THAT OTHER AREAS OF THE CHANNEL,SUCH AS CULVERT NOTE: ENTRANCES BELOW THE CHECK GAMS, ARE NOT SUBJECT TO DAMAGE NCDENR APPROVAL IS REQUIRED FILTER FABRIC, TYPE 2 OR BLOCKAGE FROM DISPLACED STONES. FOR ALL TEMPORARY STREAM CLASS R RIP -RAP CROSSINGS - 1.5' �- DWQ APPROVAL DATE 5A 60 FL�W' N ENTER CLASS"B"NCOOT #5 ORr #57 WASHED STONE 4' TO 6' �{ } /�� O O O SO. O o m CLOSE UP OF °°o°p ° o g °o°000 00 000 �o oO°oo °o0 00 o o _ o CHECK DAM o 00 0 ° o ° C, ° oo 0 0 oo °000 0o o o ° o° o o 0 o o o o O ° p° o o o o po p °o 0 0° O o 0 0 0 0 0 o Q p Oo°o o 00 0 o0 0 0o00 o° o 000 o°o oo° � 0o 0 °O °po o CIO °OO c' °o pop O ° ° o o ° oo 0000 °000 o0 oop °OOo 00 o O 0° o 00 000° o0 FILTER FABRIC, TYPE 2 ° O o° O o O °° p o0 o p °0000 °p °o p 0000 0000 O° oo op o00 °po �Oo Oo0po °O oo °°O �oo p o o OOO oo OOoo ° o oo 0oO° ° a A L B PURPOSE:TO REDUCE EROSION IN A CHANNEL BY REDUCING O ° ° p ��Jp 1. v THE VELOCITY OF FLOW. h �M1 11 II�III=III llI w �z CROSS-SECTION VIEW MINIMUM STREAM CHANNEL MINIMUM A d L THE DISTANCE SUCH THAT POINTS a ti - A AND B ARE OF EQUAL ELEVATION TOP OF BANK TOP OF BANK PROFILE VIEW PLAN a s w E V rd1 STONE CHECK DAM4 TEMP SfAIE: NTS ORARY STREAM CROSSING i p 1 SCALE: NTS SHEET OF 10 26 40' 40' -FOR REPAIR OF SILT v T o FENCE FAILURES, USE ;`� TREE PROTECTION AREA `r NO. 57 WASHED STONE, v 18' WATER COURSE BUFFER I FOR ANCHOR WHEN SILT ffi v PROTECTION FENCE 18' FENCE IS PROTECTING DO NOT ENTER DO NOT ENTER CATCH BASIN. a. 8' MAX. VARIABLE AS DIRECTED BY THE ENGINEER WARNING SIGN DETAIL Tfl WARNING SIGN WARNING SIGN. DETAIL 8' MAX. VARIABLE AS DIRECTED BY THE ENGINEER TREE PROTECTION AREA MIN. 12-112 GA. STEEL POST Tfl INTERMEDIATE WOVEN WIRE WARNING SIGN FABRIC MIN. 10 GA. DO NOT ENTER WIRES z SILT FENCE GEOTEXTILE FABRIC WATER COURSE BUFFER LINE WIRES Kam PROTECTION FENCE O MIN. 10 GA. DO NOT ENTER m FILL SLOPE LINE WIRES MIN. 12-112 GA. C INTER WIRESMEDIATE GRADE F SILT FENCE FAB C=1111 _ _ _ _ —11111 8 INSTALLED TO SEC N 1111 —I =IIII=IIIII=IIII IIIII=IIIII=IIIII-IIIII-IIIII=IIIII_=IIIII=IIIII=IIIII=I —VIII=VIII=VIII=VIII=ILII —VIII=II' $ m GRADE WIRE FROM TOP GRADE III L 11111 11111 S m = 6.. MIN. COVER -IIIII=IIIII —IIIII=IIIII-IIIII-IIIII-IIIII-IIIII-IIIII-IIIII=IIIII-IIIII-IIIII-IIIII=IIIII=IIIII-IIIII=IIIII=IIIII=IIII —IIIII=1' OVER SKIRT �I = 11111 �I ORANGE. UV RESISTANT filw,111111 N I1II1 VIII - IIIII — HIGH - TENSILE STRENGTH STEEL POST - VIII POLY BARRICADE FABRIC (TYPICAL)EXTEND WIRE 6'MIN.INTO TRENCH EFABRIC qp = AND ANCHOR SKIRT AS = ILII — IIII WARNING SIGN DIRECTED BY ENGINEER ORANGE, UV RESISTANT �_• IIII II FRONT VIEW ,1II POLY BARRICADE GH - TENSILE STRENGTH FABRIC(TYPICAL) SIDE VIEW m o FRONT VIEW �N NOTES N 3 Z I.WARNING SIGNS TO BE MADE OF DURABLE, WEATHERPROOF MATERIAL. NnsFs 2.LETTERS TO BE 3'HIGH MINIMUM,CLEARLY LEGIBLE AND SPACED AS DETAILED. 3.SIGNS SHALL BE PLACED AT 50'MAXIMUM INTERVALS. F"� 1. WARNING SIGNS TO BE MADE OF DURABLE, WEATHERPROOF MATERIAL. 4. FOR WATERCOURSE BUFFER PROTECTION AREAS LESS THAN 200' IN PERIMETER, PROVIDE NO LESS THAN I.WARN NG IG BE TO DE OFM,CLEARE, LEGIBLE AND SPACED L. DETAILED. ONE SIGN PER PROTECTION AREA. 3.SIGNS SHALL BE PLACED AT 50'MAXIMUM INTERVALS. &MAIN5. A SIGNS SECURELY TO FENCE POSTS AND FABRIC. m 4. PLACE A SIGN AT EACH END OF LINEAR TREE PROTECTION AND 50' ON CENTER 6. MAINTAIN WATERCOURSE BUFFER PROTECTION FENCE THROUGHOUT DURATION OF PROJECT. 7. ADDITIONAL THEREAFTER. SIGNS MAY BE REQUIRED BY CITY OF RALEIGH INSPECTIONS iv - 5. ATTACH SIGNS SECURELY TO FENCE POSTS AND FABRIC. DEPARTMENT T BASED ON ACTUAL FIELD CONDITIONS. 6. MAINTAIN TREE PROTECTION FENCE THROUGHOUT DURATION OF PROJECT. ■ B. PLACE A SIGN AT EACH END OF LINEAR WATERCOURSE BUFFER PROTECTION AND 50' ON CENTER THEREAFTER. 7. ADDITIONAL SIGNS MAY BE REQUIRED BY CITY OF RALEIGH INSPECTIONS 9. FOR CONDITIONS WHERE PRACTICE APPLIES; PLANNING CONSIDERATIONS (HOWEVER FLOW SHALL NOT RUN PARALLEL DEPARTMENT BASED ON ACTUAL FIELD CONDITIONS. o m WITH THE FENCE) AND DESIGN CRITERIA. � 10. END OF SILT FENCE NEEDS TO BE TURNED UPHILL. o 11. SEE N.C. STATE DENR PRACTICE & SPECIFICATION SEDIMENTS FENCE SECTION. �) o FOR CONDITIONS WHERE PRACTICE APPLIES; PLANNING CONSIDERATIONS. SIDE VIEW NOTE: FOR TREE PROTECTION ONLY 'i = z K-2 TREE PROTECTION FENCE/CONSTRUCTION SAFETY FENCE E. o 1 SILT FENCE/WATER COURSE BUFFER PROTECTION FENCE 11 $[ALF: NTS Y' 1 1 SCALE: NTS WOOD MA CLASS B STON V VI 24"X 12" __-- GREEN WAY -I CHANNEL BOTTOM SLOPE VARIES -III— I S I I— I —=1111=111=1 I L CROSS SECTION o CLOSED - CLASS 8 STONE RAM m g 0 0o-u( N = c O ,�o �g 0 SEE MINIMUM WIDTH 710oCA WOOD MA TYPE III BARRICADE (NCDOT 1145001 NOTE: STREAM CHANNEL ----PLAN VIEW 4 ROADWAY STANDARD DRAWING) 1. CONSTRUCT STREAM CROSSING WHEN FLOW IS LOW. F �' 2. HAVE ALL NECESSARY MATERIALS AND EQUIPMENT ON-SITE BEFORE WORK BEGINS. W e� 3. MINIMIZE CLEARING AND EXCAVATION OF STREAMBANKS.00 NOT EXCAVATE CHANNEL BOTTOM. A 4.LINE STREAMBANK AND ACCESS RAMP AREA WITH NON -WOVEN FILTER FABRIC._ 5. INSTALL STREAM CROSSING AT RIGHT ANGLE TO THE FLOW. & MAINTAIN CROSSING SO THAT RUNOFF IN THE CONSTRUCTION ROAD DOES NOT ENTER EXISTING CHANNEL 3 PEDESTRIAN BARRICADE BY INSTALLING SILT FENCE ON ALL FOUR CORNERS ADJACENT TO THE STREAM.SEE SILT FENCE DETAIL. W 7. STABILIZE AN ACCESS RAMP OF CLASS B STONE TO THE EDGE OF THE MUD MAT. Z� 1 1 SCALE: NTS B. THE WOOD MAT SHALL BE OF SUFFICIENT SIZE AND WIDTH TO SUPPORT THE LARGEST W VEHICLE CROSSING THE CHANNEL. V e 9.CONTRACTOR SHALL DETERMINE AN APPROPRIATE RAMP ANGLE ACCORDING TO EQUIPMENT UTILIZED, RECOMMENDED AT A 5:1 SLOPE. ® TEMPORARY STREAM CROSSING -WOOD MAT SIILI-' OF 11 SCALE: NTS 11 26 TOP OF BANK STONE IMPERVIOUS DIKE PLAN VIEW STRUCTURAL STONE. CLASS I IMENT CONTROL STONE STONE) _STONE IMPERVIOUS DIKE CROSS SECTION SECURE IMPERVIOUS F UNDER TOP LAYER OF h A13MIL, MIINI CLASS B STONE FLOW 3' MIN. Zy SANDBAGS CHANNEL BOTTOM SECURE IMPERVIOUS FABRIC WITH CLASS B STONE SANDBAG IMPERVIOUS DIKE PROFILE NOTES: STONE IMPERVIOUS DIKE PROFILE SANDBAGS PROPOSED CHANNEL )v 3' MIN. CHANNEL SANDBAG IMPERVIOUS DIKE CROSS SECTION 1. THE STRUCTURE SHALL BE USED FOR DIVERTING AND PUMPING ONLY. THE STRUCTURE SHALL BE RELOCATED OR REMOVED ONCE PUMPING/DIVERTING IS COMPLETE. 2. EITHER TYPE OF IMPERVIOUS DIKE (SANDBAG OR STONE) MAY BE USED. IMPERVIOUS DIKE 1 3 SCALE: NTS �— 4' MIN SILT FENCE STEEL POST WOVEN WIRE FABRIC — HARDWARE CLOTH — TOP OF SILT FENCE FILTER OF #57 MUST BEAT LEAST 1' WASHED STONE ABOVE THE TOP OF - 11 THE WASHED STONE. BURY WIRE FENCE AND STEEL POST SET HARDWARE CLOTH MAX 2' APART MIN L� 2' INTO SOLID GROUND I _ BURY WIRE FENCE, FILTER FABRIC, AND HARDWARE FRONT VIEW CLOTH IN TRENCH. NOTES: 1. REMOVE SEDIMENT WHEN HALF OF STONE OUTLET IS COVERED. 2. REPLACE STONE AS NEEDED TO ENSURE DEWATERING. PECIAL SEDIMENT CONTROL FENCE SCALE: NTS T FILTER FABRIC APRON ON GROUND BURY 6" UPPER EDGE OF FILTER FABRIC APRON IN TRENCH SECTION VIEW a ov Fyraw�ti o by ZHSD 22y0Tw�'�u y� mg TOP OF BANK 2'-0' MIN. ' MIN. P-6' MIN. FLOW 1' IN. 2 t•— – FLOW_ 1' MIN O O 080 SSTDIMENT CONTROL ONEI"57 STONE) STRUCTURAL ST STREAM BE 1 IS.0' to 20.0'-- CLASS I IMPERVIOUS FABRIC _STONE IMPERVIOUS DIKE CROSS SECTION SECURE IMPERVIOUS F UNDER TOP LAYER OF h A13MIL, MIINI CLASS B STONE FLOW 3' MIN. Zy SANDBAGS CHANNEL BOTTOM SECURE IMPERVIOUS FABRIC WITH CLASS B STONE SANDBAG IMPERVIOUS DIKE PROFILE NOTES: STONE IMPERVIOUS DIKE PROFILE SANDBAGS PROPOSED CHANNEL )v 3' MIN. CHANNEL SANDBAG IMPERVIOUS DIKE CROSS SECTION 1. THE STRUCTURE SHALL BE USED FOR DIVERTING AND PUMPING ONLY. THE STRUCTURE SHALL BE RELOCATED OR REMOVED ONCE PUMPING/DIVERTING IS COMPLETE. 2. EITHER TYPE OF IMPERVIOUS DIKE (SANDBAG OR STONE) MAY BE USED. IMPERVIOUS DIKE 1 3 SCALE: NTS �— 4' MIN SILT FENCE STEEL POST WOVEN WIRE FABRIC — HARDWARE CLOTH — TOP OF SILT FENCE FILTER OF #57 MUST BEAT LEAST 1' WASHED STONE ABOVE THE TOP OF - 11 THE WASHED STONE. BURY WIRE FENCE AND STEEL POST SET HARDWARE CLOTH MAX 2' APART MIN L� 2' INTO SOLID GROUND I _ BURY WIRE FENCE, FILTER FABRIC, AND HARDWARE FRONT VIEW CLOTH IN TRENCH. NOTES: 1. REMOVE SEDIMENT WHEN HALF OF STONE OUTLET IS COVERED. 2. REPLACE STONE AS NEEDED TO ENSURE DEWATERING. PECIAL SEDIMENT CONTROL FENCE SCALE: NTS T FILTER FABRIC APRON ON GROUND BURY 6" UPPER EDGE OF FILTER FABRIC APRON IN TRENCH SECTION VIEW a ov Fyraw�ti o by ZHSD 22y0Tw�'�u y� mg stream Bank Special Stilling Basin��� (Lay Flat) � Existing Terrain � d^°2 mrLL� j n.D. v o Hi � IS.0' to 20.0'-- ¢ CS N 9 1 M D 0a J r o i a M H c ! S" of Sediment Control Stone N Filter Fabric .N.1 $ w a _ w N Nate: Provide Stabilized Outlet to Streambank (-2SPECIAL STILLING BASIN Net To Scale SCALE: NTS 1 ar 1 IMPERVIOUS DIKE (SAND BAG TYPE SHOWN) —PROPOSED 24' CPP 2991, MAX, PROPOSED 24' CPP FLOW 0 CHANNEL EXISTING BOTTOM CHANNEL DIVERSION CROSS SECTION DIVERSION PROFILE NOTE: PIPE MUST HAVE POSITIVE DRAINAGE WHEN USING DIVERSION (0.3% TO 2.0% PIPE SLOPE IS RECOMMENDED) (BASEFLOW) NOTE: NOTE: CHANNEL SHALL BE MATTED WITH COIR FIBER MATTING (SEE DETAIL) SEE CONSTRUCTION SEQUENCE C1-C4 PRIOR TO THE CLOSE OF EACH WORK DAY. r4_�\ PUMP-AROUND/PIPE DIVERSION 1 3 SCALE: NTS ole e z SHEET 13 26 FINISHED GRADE OF MULCH PATH (SEE DETAIL EXISTING SANITARY FINISHED GRADE SEWER LINE 8' DIP NO COMPACTION 30' RCP THIS SHEET) 4' TRIPLE SHREDDED MULCH o ELEVATION ZONE BACKFILL WITH COMPACTED 3 FT. _ k FILL TO 95% MAX SUPPORT SANITARY SEWER PROCTOR=1Z II I )SII F- ' �I _�y I —III— ' 1-1 t fNATIVE LINE WITH •67 STONE . II i� APPROVED NATIVE . - FILL MATERIAL TO .. GRADE YO -DRAIN O TOWARDS PROPOSED 95% MAX PROCTOR_ I �I I �II I� I� I I I SELECT O _ OQQOO 00 CHANNEL (SEE PLANS BACKFILL CLASS 111 OR CLASS II g _ O O(^g^�� FOR:SPOT ELEVATIONS) OOZONE `-' J �O 60 (5 ' 0 FULLY HAUNCH WITH SELECT LOOSLEY PLACED SELECT BACKFILL MATERIAL CLASS II O �O O OO O O SECTION A -A' r I I I I I—III—I I —11 11 1 11 I I I I FLOW E v . , .III -1 - BOTTOM OF I EXISTING CHANNEL 30'RCP EXISTING CHANNEL CLASS GRIP -OAP SLOPE d C, SECTION A -A' AND INLET PROTECTION FINISHED GRADE OF `o GRADE TO DRAIN TOWARDS PROPOSED MULCH PATH (SEE DETAIL U CHANNEL (SEE PLANS THIS SHEET) _ FOR SPOT ELEVATIONS) �« A A BACKFILL WITH COMPACTED NATIVE FILL TO 95X MAX PROCTOR - -_ W •67 STONE TO 7RIP-RAP) o CQ SUPPORT SANITARY m C C SEWER LINE z et E A F ~ V N EXISTING SANITARY _ _ SEWER LINE 8' DIPrn ;- r' PROFILE VIEW d a ,}r).� } ,r`} Cr )f,}.�o rl ��.\/ t2 GREENWAY STREAM CROSSING \,,I C 2 SCALE: NTS rC )rA 7C �.. / - , I r, ( ` 'ri` r, L -( ' ( �^ L - GRASS SWALE ON UPHILL SIDE J w `o C. ` : r. r-,`, r. r, '1 \ } �, \ .) , } (Cl \ , ) , .) C, 2% MIN. 5% MAX. , CROSS SLOPE F g m 0 ; �\ , �� ,�—, I\ ' r P� r Ei �i IBIBi9I9i61E1i916�H1616T1 1161BIElIBIB7Bi61BiE L '' o '^ '\ ^ r \ �' EXISTING GROUND 4' TRIPLE SHREDDED MULCH Q s MULCH PATH -b 1 2 SCALE: NTS STABILIZE EXCAVATED MATERIAL S; TYPE 2 FILTER FABRIC �r W A` OFFSITE CLEAN WATER PROFILE VIE 2:1 LEJ I I LA I I LEI I I LEJ t' MIN. tW ''. sR e. W �^ G7 rl-'� SEWER LINE STABILIZATION t' MIN. -- 12 SCALE: NTS SHEET OF rq1 C L EAN WATER DIVERSION DITCH 12 SCALE: NTS 12 26 EM 4'.? F913 �, `� �\ /// sii,• Lj BRANDY WOOD OT `t'; EI NAD 83 � t CP\ AaT G AlL OkI`l, )IG.<"3' E :a r x PL' 1 3sn7s. I - ./E, E, '.,. GRAPHIC SCALE r 5. 977 92i; \7- % h 40 80 120 L _ as 1`-T' r d M F 1 IM1L1 N.KS LAY VEALNE" FR[ Y L'JKI :2 "VFIP"' DISTURBED AREA = 2.0 ACRES %H� 7 \ C \ L 772 ,.0 S, or 1 Y - F> \' TOPo 36i f E r., , ff _ % �� BL N=iT6051.629 E=2102812.653 ESP-."""�. ,1. H 4 2 ,ti ..ACS 14' yt • W E y' ELEV: 336.53' v �: Z •'' w � ` � � : flEBAR WITH CAP '2gIA4' 1 `- BL •101 4', OMITS OF DISTURBARCE ✓��� N:7TSB10.69 E=2b2&3.98 d ^ 78.-, Y EIEY: 330.38 / - } ✓� _ p; :P CONSTRUCTION REBAR WITH CAP - ENTRANCE e ( y �'� ei •102 it N 775685.76 Cr E2g2745.2 320.9). 1J - REBAR, h �. - / TEMPORARY STREAM J r ` �'\ ❑ 4 ....,......-- '-�\ 1AYY'ti17C,�.ra JJ7 CROSSING a SILT FENCE P ` - / -. ' : B.. 1—'" ` \ _ e J QB 642 103 '� / l l '9 `` ,1 \m 175561.27 6Z 2 .. E zw2n6.71 TREE REMOVAL�`•�`, AT DIRECTION ELEV- 320.3T6 REeuT WITH CAP, OF ENGINEER N A V SM TOP= 317.T3 F CTCOEN w t - FT1 (TYP) c\\ o \ z .l 3 EN Z4 IMPERVIOUS E IK, w17n 1+. t CAP : m I..m Y. .�....� V • t _' ; __.... _- � � �� � � — — \ ����".,`— �:. L - mss.;: �`��._„_'�+�,,,,� ... _ 1 \ ` �'^`K-`.�al.<y:c J .•�'_ _ s:':d1r .. \ I la' iORH- I- --"OL t, -J 3 SPECL4L SEDIMENT CONTROL FELE..:.:. E-2to2SM. ELEV,=312LCOV .5T. ' - REB CAP ., Aa NAn .... � s I; V) STONE CHECK DAM 3 �� � TAX Pµ 707256553 .. PLACE SLOPE I [le 2943 Pc?5 : ._ DRAINS AS era 1900 PGE7'I ..a -. NEEDED �LIMITS OF N � i DISTURBANCE s ` CLEAN WATER DIVERSION DITCH - w El ? 4 NOTE: SEF DETAIL a FOR PUMPAROUND OPERATION. r NII-13l'i, 3,01 : I� o LEGEND , A 13-. r - _.-_ NG?•44)4E ze Properly Lins — — J �• ` L = ] 13 �•/'/ O Eushrg Iron Pin A-1 / M1 ' '-i`'^--�� t0i i T a`N Property Corner `yY ....-.._.__ - __.._..... �.."'`�„�. h07°44 19 rn �%�E zp4•h-�, � a/ Y C� �A, G2 N2:'4] i•w 27.17' `,i' s•i F'� Eaisfing Right of Way dna --- � - Existing Easement line --E-- 419 GP hOT•t9'; CP 2G c; Y. 1 < .`�`, l "AX FA -,111506. ,_ ( ,• Evshng Ed go of Pe•emenl ----- °" j r., I St— or Body of wmar Sanitary Sawer Monhok . _~ ._.._ _ a S z OMITS OF • IMPERVIOUS DIKE ON N a NANCY N 4OT4Efl Ll UG S-it., Sawer Li- —�_ DISTURBANCE Ax IN 1 C7253489 Exishrg Neusa BuNer Zone 1 (30') PBZ 1� E 36:3 PC 254 17+ i E PF NiL bNS tl^ •A- .:: .6724 992 O Exis+ing Neuse Buller zone 2 20' �(` STONE CHECK DAM \ zl ` GB z7t 65z Rol -BZ 2- TEMPORARY \ ❑�IV�,TT.E. K rLYFt: } I BM 358 642 w `1� J'4 A fi tiAi E th Mtif?FgY iPPJ 17C7?533CTree Leaotion O STREAM CROSSING —�� SILT FENCE 1Ens+rrg Minor Pie = = c o TAx Ph1IlO? S1 C 157E PC 61177T PC 422 `_Exis+ing Tree UnaSPECIAL SEDIMENT 6•gl'.IMPERVIOUS DIKE IABEL CONTROL FENCE l) EgAHN Moior Contour - - - - - \ 'r• PETER [1TM1% d TJ 1 CIS.. L M zw Ex�shry Minor Cont— - - - - - TREE PROTECTION FENCE- CWD��-cA CLEAN WATER G= s F .,1 5„ ,p ' W SHEET OF DIVERSION DITCH Bu 7E g4> ✓^\ z I I h�a 14 26 U NAD 83 GRAPHIC SCALE 40 80 20 SSMH O TOP 8E '100 __ ❑_. _.... _. t \ i1 + IJ=iT605 1.624 E=210282.653 \ 1"`,':L-.,,,1 ❑ ELEV: 336.53' REBAR WITH CRP .<. Bl •01 I -""---. N-775810.69 - i .....� -Yci E13.98 LE -3 " ELEV. 330.38' REBAR WITH CAP 0 f, _ c$ -- BL 02 0 y \ N )15685 76 x - E=2102745.32 . _ 11 «a ELE .=320.61 o d REBAfl, WITH CAP y _y ° ° o \ o °o o o mb o x 3b¢ p 6 \\ V ¢ o BL •103 \'Y 1705561.27 _.._.- o' o i ¢ as, o ° o o °p d o ,iwa0 6 0 2716.71 �J a ° o, o° a ELEY }20.316' \\ ap¢ b 0 iREBAR KITH CAP 0 ° 90 u SSMH q X - o o o °n ° a'ypd° N TOP- 317.13- \ ° 0 0 \ p -o -dbo o b Q0° •{ ° ° p N ° a 0 0 ° 0 0 0 ,6 ¢ o B9Qxs.& D P - A m 0 0 °o -- - -- ° 0 0 0 0.0--0--0._0. o °° 0 0 0 0 0 0 °o o 0 0 0 o a o :6 a o;d ° 0\ 1 .fir 0 i poo° p pa'a.ppoopp a ap ° o - ---- _ «-„� pop°° opppo�pp°oop a aoap�p'o a0 a _ pp op -- _ ird -- �.ti�m. �.a o 0 0 0 0 °o. 0 0 0 o a o a g o o.o o\ BL •tU$ .. a o 0 0 0 0 0 d' -a ° o 0 0 0 0° 0 0 0 0 o b o 0 o d a °o �; ..:y,'. N=11511012 d 0, o oa. _ op 0 0 0 0 0 p C6 _ 0 0 0 3 0 ;n o ' E 2102656 2\ 0 d 0 o 0 00� o a. o - `b o ., - ° ° d 9, `- 0 0 p aoo o:a oa� V , I 6%o00 o.° o.� 0 0 0 0 0 0 0 0 0$ P' ° ° c 3" -- o 0 0¢ o 0 0 0 0 0 o¢ o -0 up o 0 0 o.e oda-o 0 0 00-0 0 o p o 0 0 i o p o 0 o a o 0 0 0 0 0 0 0 00 o -a p p ° 0 0 o ELEV 3052 p, a p 4e p a o '— ppp pp p. o p p000 Qo o p a p o o p p po a d° °app p ppap oop ° p ¢� ppppp ¢p °o p °o 0 0 e o - SAH o o o °o °o o u N- 753 N=775341.78 ° E-2102681.26 °o 0'000 0 0 0 0 0 0 ELEY„=32.H7-- ` � REBAR WITH CAP o o0 % 0 °o ° o .¢ ° -7,-A O ° N iQOt EaIOGf. _ l 01 EY I � c co!) 7 SHEET 15 8 OF 26 HEALING IN DIBBLE PLANTING METHOD 1. LOCATE A HEALING -IN SITE IN A SHADY, WELL USING THE KBC PLANTING BAR PROTECTED AREA. 2. EXCAVATE A FLAT BOTTOM TRENCH 300 MM DEEP AND PROVIDE DRAINAGE. I t 2 inch Y7 _ L 1. INSERT PLANTING BAR 2. REMOVE PLANTING BAR 3. INSERT PLANTING BAR 3. BACKFILL THE TRENCH WITH 50 MM OF WELL AS SHOWN AND PULL HANDLE AND PLACE SEEDLING AT 50 MM TOWARD PLANTER ROTTED SAWDUST. PLACE A 50 MM LAYER OF TOWARD PLANTER. CORRECT DEPTH. FROM SEEDLING. WELL ROTTED SAWDUST AT A SLOPING ANGLE AT ONE END OF THE TRENCH. 4. PLACE A SINGLE LAYER OF PLANTS AGAINST THE SLOPING END SO THAT THE ROOT COLLAR IS AT GROUND L VEL. I 4. PULL HANDLE OF BAR 5. PUSH HANDLE FORWARD 6 LEAVE COMPACTION TOWARD PLANTER, FIRMING FIRMING SOIL AT TOP. HOLE OPEN. WATER SOIL AT BOTTOM. THOROUGHLY. PLANTING NOTES: PLANTING BAG @ I, DURING PLANTING, SEEDLINGS SHALL BE KEPT IN A MOIST 5 PLACE A 50 MM LAYER 0 CANVAS BAG OR SIMILAR o 0 0 Zi �o v �M z z ' ce � o� F WELL ROTTED CONTAINER TO PREVENT THE s SAWDUST OVER THE ROOTS MAINT ING ROOT SYSTEMS FROM DRYING. j � A SLOPING ANGLE. I CL KBC PLANTING BAR SEEDING NOTES: PLANTING BAR SHALL HAVE A BLADE WITH A TRIANGULAR CROSS SECTION AND SHALL 1. IF SOIL TESTS ARE PERFORMED, APPLY LIME ACCORDING TO RECOMMENDATIONS. SOILS 800 MM 003MM WIDEOAND WITH A pH OF 6 OR HIGHER DO NOT NEED LIME. 25 MM THICK AT CENTER. 2. USE JUTE/EXCELSIOR MATTING TO COVER THE BOTTOM OF GRASS -LINED CHANNELS. ROOT PRUNING ALL SEEDLINGS SHALL BE ROOT 3° GRAIN STRAW SHOULD BE USED ON CHANNEL SIDE SLOPES ABOVE THE HIGHEST w ' PRUNED IF NECESSARY,CALCULATED DEPTH OF FLOW. 1� SO THAT r„ NO ROOTS EXTEND MORE THAN 6. REPEAT LAYERS OF PLANTS AND SAWDUST 250 MM BELOW THE g AS NECESSARY AND WATER THOROUGHLY. ROOT COLLAR. 4. THE FERTILIZER MIX IS TO BE 4-12-12 BARE ROOT PLANTING DETAILS 5. FERTILIZATION RATE FOR TEMPORARY WINTER SEED IS 500 POUNDS PER ACRE. SEEDLING/LINER BAREROOT PLANTING DETAIL FERTILIZATION RATE FOR TEMPORARY SUMMER SEED IS 2000 POUNDS PER ACRE. �_ w 6. TEMPORARY SEEDED AREAS ARE TO BE STRAW MULCHED AT A RATE OF 4000 POUNDS U� PER ACRE. FLAT TOP END � H=1/5L 7. REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE, AND MULCH a TERMINAL BUD ` IMMEDIATE FOLLOWING EROSION OR OTHER DAMAGE. SCAR 6 LATERAL BUD A GROUND }I g BARK RIDGE l/ m z� SIDE BRANCH REMOVED 1 AT SLIGHT ANGLE ��// 1O O s BRANCH COLLAR ���� ; " PLANTING SCHEDULE H ', LOW SEASONAL o 45° TAPER O BUTT END LIVE STAKE SCALE: NTS SHEET OF 17 26 Scientific Name Common Name LS BR Container Plu Seed % lRemarks Carya glabra Pignut hickory 100 ZCarya 15 ovata Shagbark hickory 100 a TREES Quercus falcata Southern red oak 100 O (Bate Root) Ulmus americana American elm 100 Bare root 1/0 seedlings randomly on 8 Z Celds laevigata Sugarberry 100 placed -ft centers. Z Fagus grandithlia American beech 100 ag Prunus serotina Black cherry 100 8 SHRUBS Ilex decidua Possumhaw 25 Randomly between LL (Bare Root) Vibumum nudum Possum -haw 25 place trees in groups of 3, 5, or 7 on 3 -ft Vaccinum corymbosum Highbush blueberry 25 centers as directed by engineer. Y Z Comus amomum Silky dogwood 215 One stake per 3 linear feet in Z LIVE STAKES Vibumum dentatum Arrowwood 215 rows spaced one foot apart. Sambucus canadensis Elderberry 215 Pools -3 rows, outside bend only. Riffles -2 rows, both Danks. LLI � Salix se/icea Silky willow 215 Randomly distributed. W PLUGS Juncus codacious Rush 535 Plugs at basenow, elevation on t- Juncus eflusus Soft rush 535 ft centers in riffle sections. Panicum virgatum Switchgrass 15 Elymus virginicus Vir inia wild rye 15 Agrostis stolonifere Creeping bentgrass 10 Rudbeckia hirta Black-eyed Susan 10 Coreopsis lanceolata Coreo sis 10 PERMANENT SEED MIX Panicumclandestinum Sorgastrum nutans Deer to ue10 Indian grass 5 Apply at 201bs/acre Juncus elfusus Soft rush 5 Echinochloa muricata Awned barnyard grass 5 Andropogon gerardii Big bluestem 5 Schizachyrium scoparium Little bluestem 5 Tnpsacum dactyloides Gamma 5 TEMPORARYSEED MD(_ Hordeum sp. Barley 100 Apply at 30 lbs/acre to WINTER Secale cereale Abruzz Winter rye 100 rbed areas in Zones 1-2. FEither species. TEMPORARY SEED MDC - Panicum ramosum Brown -top millet 100 Summer - Apply at 30 lbs/acre SUMMERto Pennisetum glaucum pearl millet 100 all disturbed areas in zones 1- 2. Either species. o 0 0 Zi �o v �M z z ' ce � o� F WELL ROTTED CONTAINER TO PREVENT THE s SAWDUST OVER THE ROOTS MAINT ING ROOT SYSTEMS FROM DRYING. j � A SLOPING ANGLE. I CL KBC PLANTING BAR SEEDING NOTES: PLANTING BAR SHALL HAVE A BLADE WITH A TRIANGULAR CROSS SECTION AND SHALL 1. IF SOIL TESTS ARE PERFORMED, APPLY LIME ACCORDING TO RECOMMENDATIONS. SOILS 800 MM 003MM WIDEOAND WITH A pH OF 6 OR HIGHER DO NOT NEED LIME. 25 MM THICK AT CENTER. 2. USE JUTE/EXCELSIOR MATTING TO COVER THE BOTTOM OF GRASS -LINED CHANNELS. ROOT PRUNING ALL SEEDLINGS SHALL BE ROOT 3° GRAIN STRAW SHOULD BE USED ON CHANNEL SIDE SLOPES ABOVE THE HIGHEST w ' PRUNED IF NECESSARY,CALCULATED DEPTH OF FLOW. 1� SO THAT r„ NO ROOTS EXTEND MORE THAN 6. REPEAT LAYERS OF PLANTS AND SAWDUST 250 MM BELOW THE g AS NECESSARY AND WATER THOROUGHLY. ROOT COLLAR. 4. THE FERTILIZER MIX IS TO BE 4-12-12 BARE ROOT PLANTING DETAILS 5. FERTILIZATION RATE FOR TEMPORARY WINTER SEED IS 500 POUNDS PER ACRE. SEEDLING/LINER BAREROOT PLANTING DETAIL FERTILIZATION RATE FOR TEMPORARY SUMMER SEED IS 2000 POUNDS PER ACRE. �_ w 6. TEMPORARY SEEDED AREAS ARE TO BE STRAW MULCHED AT A RATE OF 4000 POUNDS U� PER ACRE. FLAT TOP END � H=1/5L 7. REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE, AND MULCH a TERMINAL BUD ` IMMEDIATE FOLLOWING EROSION OR OTHER DAMAGE. SCAR 6 LATERAL BUD A GROUND }I g BARK RIDGE l/ m z� SIDE BRANCH REMOVED 1 AT SLIGHT ANGLE ��// 1O O s BRANCH COLLAR ���� ; " PLANTING SCHEDULE H ', LOW SEASONAL o 45° TAPER O BUTT END LIVE STAKE SCALE: NTS SHEET OF 17 26 V O 01 01a to : � ',., - • _ :. Ln .... ... Ln .... It LA 1 I 4.1 LJ ul .. Ln 112! 1_ O ... z N .... i:_. ... .... ° 1 i .. i 1. . ..... ', ... .. ... ..... . Ck .. of :. , cn o cn; o t Ln Ln I I I O Ln 1 Lp O LA FR j a ; a Ln = 99133 JOB NO. HORI2. SCALE 1' = YERT.SCALE 1" = 5' 5' City of Raleigh NO. DA"I'E DESCRIPTION ~' CROSS SECTIONS Crabtree Creek Stream RestorationlStabilizatioa St ` �,�A���� CAD FILE PATH Sawmill Rd Site R I b-:9:1-I3 DRAFT IOOi SET �I dr 14 N � coM PREPARED BY CHECKED BY PROJECT NUMBER: APPROVED BY 2/17/7014 DATE SM 2014-0064 I 11 I ��I�tttttttttt�®®�aa�aa.aea�®®®� O I O / r ' N I . I I I N •. . .. . , .. _. .L:. ,.�. : I ._. 1. I . I _.. I ul I 1 ul I. 4. Ln N ... . {. N Fill I' N :. , . 01 ... _ 99133 HORIZSCALE 1' = 5' CI = CROSS SECTIONSCrabtree JOB N0. VERT. SCALE 1' 5' Creek Stream Restoration/Stabilization OfRatel h g 'Stl' �xJn N0. DA Iti DLSCRI PI ION I b -:KI -13 CAD FILE PATH Sawmill Rd Site 1It DRAFT IOOS SET ��/ � ICJ Elmo 0 — M CO PREPARED BY CHECKED BY PROJECT NUMBER: EAPPROVED 11 1. o , ""m""" „w, BY znATE DATE SM 2014 — 0064 Ln CA 14 14 01 ul Ln Ln A Ln to W 1' 1s r 0 - NO' �1�i► 01 tr O ... ... , _.. N N I , A Ln 7 ''- '. ... ,I , II ... U Ln 01 1 T is it 99133 HORIZ. SCALE 1 = 5' City of Raleigh N0. DAH, DESCRIPTION = ~ CROSS SECTIONS JOB NO. VERT. SCALE 1' = 5' Crabtree Creek Stream Restoration/Stabilization '�t 1'jhWa C� I bi%FI3 DRAFT 1007 SET CAD PILE PATH Sawmill Rd Site I� i, , = ICJ BMD co� PREPARED BY CHECKED BY PROJECT NUMBER: PANIC DATE SM 2014 - 0064 APPROVED BY ■�■�usw--a■—■mow N II O 14 01 F 71 1 101 Ln .. Ln :. O Ln 99133 HORIZ. SCALE I' = 5' City of Raleigh N 0 N m SECTIONS JOB NO. VERT. SCALE ,' = 5' Crabtree Creek Stream Restoration/Stabilization str et I &:A'FI.9 DRAFT IM45ET CAD FILE PATH .5. $WI21111 RCZ slte �,a ♦. :_. : . I :.. :. , + : L.. .:.:. .... :.. 1 ; . ..... �L=com I CHECKED BY PROJECT NUMBER: I CAA a 2r7i2014 SM 2014 - 0064 I APPROVED BY I DATE , , ,.. ..p - I -7r7 0 w Ln O Ln / 1 jl� 'i- W1 G O N � O N O �... \ 1. --.. ;.. . .. y -.. -: :: I ... : :.... ..\ ___• I . 7.:.. .... I 1: :. . . ...III. ■�■�usw--a■—■mow II O 01 F 71 II O 01 F 71 99133 HORIZ. SCALE I' = 5' City of Raleigh NO. DA IE DESCRIPTION N m SECTIONS JOB NO. VERT. SCALE ,' = 5' Crabtree Creek Stream Restoration/Stabilization str et I &:A'FI.9 DRAFT IM45ET CAD FILE PATH .5. $WI21111 RCZ slte �,a �tI ICJ �L=com PREPARED BY CHECKED BY PROJECT NUMBER: a 2r7i2014 SM 2014 - 0064 APPROVED BY DATE , N 1 17000mom 0 MI 99133 HORIZSCALE 1" = 5' City of Raleigh N0. DME DESCRI P I'ION = ^' w M CROSS SECTIONS JOB NO. VERT. SCALE 1" = 5' Crabtree Creek Stream Restoration/Stabilization 'St �'jhWa C� I b-30-13 DRAFT 1007 SET CAD FILE PATH Sawmill t = CJ BMD com PREPARED BY CHECKED BY PROJECT NUMBER: N p ra can neo, s o es. szm e s es sm a. zi,Yiz°'° SM 2014 - 0064 pppROYED BY DATE i7mm ■■■■������ � 9 913 3 HOR11. SCALE 1' = 5'City of Raleigh N0, DA'I'L DLSCRIP'I'ION m A CROSS SECTIONS JOB NO, VERT.SCALE 1" = 5' ream ti Crabtree Creek StRestoraon/Stabilization St f'j�Wa C� � � 1 6.90-13 DRAFT IOOi SET � Sawmill Rcl Site CAD FILE PATH '�� ICJ BMD COM PREPARED BY CHECKED BY PROJECT NUMBER: 0� 164S 2/17/2014 SM 2014 — 0064 e s esu em° s e esa c ��m APPROVED BY DATE I 1-d 99133 HORIZ SCALE 1" = 5' JOB N0. VERT. SCALE 1' = 5' CAD FILE PATH ICJ I BMD PREPARED BY CHECKED BY 2/1]/2014 APPROVED BY DATE