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HomeMy WebLinkAbout20040020 Ver 1_COMPLETE FILE_20040107Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen K Sullins, Deputy Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-731-6R93 Fax To: 1zliv., - A 0 A-1-L' Company: Number of pages including cover sheet: Notes or special instructions: Fax #:? Date: l? N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http.//h2o.enr.state.nc.us/n-etlands ? W ?TF Michael F. Easley, Governor R O Q William G. Ross Jr., Secretary 0 North Carolina Department of Environment and Natural Resources f Alan W. Klimek, P. E. Director -i Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality March 8, 2004 DWQ Project No. 04-0020 County: Burke City of Morganton Attn: Sally Sandy (City Manager) P.O. Box 3448 Morganton, NC 28680 Subject Property: Pedestrian Bridge across Catawba River, Freedom High School, Morganton, NC Catawba River [03-08-31, 11-(32.7), WS-IV (water supply)] APPROVAL of Catawba River Buffer Rule (15A NCAC 02B.0243) AUTHORIZATION CERTIFICATE Dear Ms. Sandy: You have our approval, in accordance with 15A NCAC 0213.0243 and any conditions listed below, to impact approximately 0.18 acres of the protected riparian buffers for the purpose of constructing the 10-foot wide pedestrian bridge across the Catawba River and greenway trail at the subject property as described within your application dated January 28, 2004. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and water supply regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us anew application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and-is ther?eby, responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed :below,, ? _ , Conditions: 1. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the -stream'=.as identified within 15A NCAC 2B.0243(5). 2. Certificate of Completion - Upon completion of all work approved within this authorization,, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0243. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sincerely, I limek, P.E. AIkNC Director DWQ, Director cc: DWQ Asheville Regional Office File Copy Central Office bz North Carolina Division of Water Quality, WETLANDS / 401 UNIT 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ 1. Wetland Impacts N/A Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Bridge 10' Catawba River 180' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 10 linear feet Page 8 of 13 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): E] uplands F-1 stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. N/A VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 13 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Vegetation, Silt Fence and Rip rap 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres):_ Amount of Coastal wetland mitigation requested (acres): N/A N/A Page 10 of 13 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds -or the use of public (federal/state/local) land? Yes ® No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes R No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identifyCatawba Buffer Rules Yes ® No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 96 3 no 2 0 1.5 no Total zone t extenas out su ieet perpenmcuiar from near oanx or cnannei; /-one / extenas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Page 11 of 13 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Ten foot wide walking path across the river. The walking path consists of asphalt surface traversing open woodland or grasslands. Apparent minimal impact. XII. Sewage Disposal (DWQ Only) 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. No sewage is generated by this project. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). f2e VI%__W (Agent's signature is valid only if an "?. . r7 L; P, ."r,"4040 I M""o ? Page 12 of 13 D rn ? \ 1 w O 6 11 Q O ? Y O I 'l'& 699 OT M- z o? r .? 4ma 1 1 ?N?S?y tt 9 ?• is t s LF ? g£ .gyres v 44 114* ?• w N ? X ?O Ail A OD ?d I-3 1> TV0 Ti T/I N ? 0.0_1 rr, Z 0 1.0 o -?C) d y?cn ' z bd ?d d tzj ? 6Z ,moo t o?N'A w X ire . O O x0 OW xp W O_ OD X x 0 W ox FD y?y it 4 1.4 z -j oQ ???- W a ? 0 Z ul 1-4 CooIr- ul o U H U Y I f N m ?o?aF WA Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 12, 2004 DWQ # 04-0020 Burke County CERTIFIED MAIL - RETURN RECEIPT REQUESTED City of Morganton Post Office Box 3448 Morganton, NC 28680 Subject Property: Catawba Crossing Pedestrian Bridge behind Freedom High School To Whom It May Concern: On January 7, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a pedestrian bridge in Burke County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please verify that the trail realignment will not impact Silver Creek. 2. Please indicate all buffer impacts on the site plan. 3. Please indicate the location of the protected buffers as overlays. on the site plan. 4. Please locate Silver Creek as overlays on the site plan. 5. Please provide cross section details for the Pedestrian Bridge. 6. Please indicate the diffuse flow provision measures on the site plan (non-erosive flow through the buffers from walkway run-off). 7. Please complete section IX concerning public funds as well as Sections X, XI, XII and XIII. 8. Please provide an agent authorization letter or a letter verifying who has signatory authority on this project. Please telephone Amanda Mueller at 919-715-3475 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, JRD/bs cc: Asheville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy Alorn Water Quality Certificat n Program N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 January 2, 2004 John Dorney Water Quality Certification Program 1650 Mail Service Center Raleigh, NC 27699 Re: 401/404 Permit Application for - . Catawba Crossing Pedestrian Bridge Dear Mr. Dorney: ' 0. Please find the enclosed seven copies of detailed plans, vicinity map and USES topographic map for your review. There is no stream impact because of clear span over the Catawba River. Construction activities are planned within the buffer area. The vicinity map is shown on Drawing No. 1197-03, Sheet 3 of the plans with the proposed location of the pedestrian walkway. There is one Catawba River crossing at station 36 + 50. We would welcome. a phone call to clarify any remaining issues and to expedite project approval. Please feel free to contact me at (828) 438-5265. Sinc 1, y Larry ressley, City Engineer WETLANDS 1401 cRQUF JAN 0 11. 2604 Week QUAL Y S6CTIOjV Post Office Box 3448 Phone (704) 437-: Morganton. North Carolina FAX 438-: 28680-3448 IUD 438-: Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. II. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ?N/A Applicant Information 1. Owner/Applicant Information Name: City of Morganton JAN 0 7 2 n f l4 Mailing Address: P.O. Box 3448 Morganton WATER Cif iCtf 11Y SEGTOnwa North Carolina 28680 Telephone Number: 828-438-5265 E-mail Address: WETLANDS 1401 GROUP Fax Number: 828-438-5264 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Catawba Crossing Pedestrian Bridge 2. T.I.P. Project Number or State Project Number (NCDOT Only) N/A 3. Property Identification Number (Tax PIN): Tax Map 48-46-2-6 & Tax Mapl 1-48-4-4 4. Location County: Burke Nearest Town: Morganton Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take I-40 Exit No. 100 Jamestown Rd.-SR 1142 and go north east on Jamestown Rd-SR 1142 & Independence Blvd-SR 1304 for 2.8 miles to Freedom High School. The Catawba River Bridge construction is behind the school at the driving range. 5. Site coordinates, if available (UTM or Lat/Long):Lat N35°44'30" Long W81°42'45" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct water body.) 6. Describe the existing land use or condition of the site at the time of this application: The northern side of the river is an undeveloped part of the school property adjacent to the driving range. The southern side of the river is part of the City of Morganton Greenway with an asphalt walkway. 7. Property size (acres): Area disturbed by the bridge & walkway construction is 2.66 acres (3860'x30') 8. Nearest body of water (stream/river/sound/ocean/lake) Catawba River 9. River Basin: Catawba River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 13 10. Describe the purpose of the proposed work: To tie the City of Morganton Catawba River Greenway asphalt walkway to the City of Morganton Freedom Park 11. List the type of equipment to be used to construct the project: clearing, grading, asphalt placement, & bridge building equipment 12. Describe the land use in the vicinity of this project: High School IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Not aware of any previous permits along this project. The Catawba River Greenway was constructed in 1997, and Freedom Park was constructed in1984. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 13 1. Wetland Impacts N/A Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain* * (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. * * 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Bridge 10' Catawba River 180' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 10 linear feet Page 8 of 13 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. N/A VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 13 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable