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HomeMy WebLinkAbout20030557 Ver 1_PCN/correspondance_20030508 o~~o<(w. A...T..E:IY....Q.c::. (;j . . y _ r > . .. . . ::j o . .. f Michael F. Easley, Govemor William G. Ross Jr" Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality May 8, 2003 DWQ # 030577 TIP # R-2239WM Iredell County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Philip S. Harris ill, PE NCDOT- PDEA 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Harris: On May 9,2003 the Division of Water Quality (DWQ) was notified by receipt of your application for a NW 27 certification for Shepherds Tree Mitigation, R-2239WM, in Iredell County. Seven copies of the PCN and supporting materials are required for processing of this General Certification, as well the appropriate application fee. (The general certification for NW 27 requires written concurrence and fee for mitigation projects.) Please telephone Cynthia VanDer Wiele or Rob Ridings at 919-733-1786 if you have any questions. This project modification will remain on hold as incomplete in accordance with 15A NCAC 2H .0505((:). The processing time for this application will begin when this information is received. cc: Mooresville DWQ Regional Office US Corps of Engineers, Asheville Central Files File Copy 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 030577 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GoVERNOR May 8, 2003 L YNDO TIPPETI WETLA SECRETARY WDs / 401 GBouP MAY 0 WJ4 9 2003 TER QUALITY SECTION u.s. Army Corps of Engineers Raleigh Regulatory Field Office Attention: Ms. Jean Manuele 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Subject: Iredell County, Shepherds Tree Mitigation, TIP No. R-2239WM. Dear Ms. Manuele: As you are aware, the North Carolina Department of Transportation (NCDOn has plans to perform stream mitigation at the Shepherds Tree Mitigation in Iredell County (TIP No. R-2239WM). The purpose of this letter is request authorization under a Section 404 Nationwide Permit 27 and Nationwide Permit 33 to implement mitigation concepts for the mitigation site. Section 404 Nationwide Permit 27 The NCDOT has completed design plans for Shepherds Tree Mitigation Site. The NCDOT requests authorization under a Section 404 Nationwide Permit 27 to install a new concrete box culvert under Triplett Road and to release the diversion of flow into the new channel (Reference Site 2, Figure 2). The purpose of the culvert installation and diversion of flow requests is to return flood to the historic flood-plain on the East Side of Triplett Road. The Department has restored a new channel and associated wetlands east of Triplett Road to offset wetland and stream impacts due to highway construction projects. This construction was performed in non-jurisdictional areas of the NCDOT property. NCDOT believes a Nationwide Permit 27 would be appropriate for this action. Section 404 Nationwide Permit 33 The NCDOT also requests authorization under a Section 404 Nationwide Permit 33 for Duke Energy to install a temporary pipe crossing in the new stream channel within Duke Energy RfW. (Reference Site 1, Figure 3 and Figure 4). This will make it possible to install a 100ft. 24,000 lb concrete pole #84. The pipe will be installed no more than 30 MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVElOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 FAX: 919-715-1501 LOCATION: PARKER LINCOLN BUILDING 2728 CAPITAL BOULEVARD RALEIGH NC WEBS/TE: WWW.DOH.DOT.STATE.NC.US days before construction begins. The size will be 36 inches galvanized and length 30 ft. Back fill will be Class B rip-rap and washed surge stone. Filter fabric will be Geotextile TC Mirafi 600 X. The location of the construction is on the eastern most portion of the site and is survey staked on the ground. After concrete pole #84 is installed and all construction related to the project is complete, the pipe will be removed within 20 dry workdays. After construction, stream bank stabilization will be returned to its original state and reflect adjacent stream banks as much as possible. After construction, flood- plain stabilization, rip-rap roads and construction pads will be left in place within Duke Energy's RIW and Duke will restore flood-plain areas with no rip-rap, if disturbed or damaged, to existing conditions of the adjacent flood-plains. Permanent access with portable bridges: To access the concrete pole in the future, a set of metal portable bridges will be installed on top of the rip-rap capped with surge stone. Bridges will be installed no more than 30 days or 20 dry workdays after the temporary 36" X 30" pipe has been removed. Bridges will be a minimum of 22 feet long. A picture of similar bridges has been previously provided. Long Term Vegetation Maintenance: Duke uses an integrated maintenance program for vegetation control. At present this includes mechanical mowing, herbicide application, brush and tree cutting. Vegetation methodology changes from time to time due to cost and new methodology. Duke's future vegetation control policies may and probably will change as new methodology is introduced. The R/W easement agreement for this property is not changed- or diminished in any way. This document is to explain and define in more detail the accesses and vegetation maintenance for future property owners, regulators and Duke Power. Any trees or shrubs that sprout and grow within a 10ft. strip on either side of the bridges (total of a 40ft. strip with bridges inside of the strip) will be removed or pruned at Duke's discretion to ensure clear and safe passage of the bridges with any associated trucks or equipment of Duke Power's or any of Duke's contractors. NCDOT believed a Nationwide Permit 33 would be appropriate for this action. Attached to this letter is a Pre-Construction Notification for this stream mitigation project. The NCDOT requests authorization from the U. S. Army Corps of Engineers under Section 404 Nationwide Permit 27 and Nationwide 33 and N. C. Division of Water Quality for the appropriate 40 1 Water Quality Certification. Thank you for your attention to this project. If you have any questions, please contact Mr. Randy Griffin of my staff at (919) 715-1425. Sincerely, ~I AA(~ P~I;;~~S, III, P.E., Manager PDEA - Office of Natural Environment cc: Mr. David Franklin, USACE, Wilmington Ms. Kathy Matthews, EP A, Athens Ms. Marella Buncick, USFWS, Raleigh Ms. Cynthia Van der Wiele, NCDWQ 401-Wetlands Unit, Raleigh Ms. Marla Chambers, NCWRC Mr. Mike Holder, PE, NCDOT Division 12 Engineer :- I ~.o;" </1 , /,1 ........ .~- , , ,,~~':') .. ,~ '" Shepherds Tree Mitigation Plan Figure 1. Vicini1y Map " Scale 1 :501 000 If A -, ,~ .,~ :.i c;) ~ = ~ n Cll n i!= t:rJ / I I ./ I I I I IIIIII I I I / I I I IIIIII I / I I I I I /' I / I IIIIII I I I I I I 1/1 III I I I I 0 I I I I I v IIIIIII I I I I I I /' I I I I I ./ I I ./ I ./ I I ..... 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If 16 I 77 IE ~ / / I / / I I / / I I I / I I I I I , , , I J I I I I ( I I I 1 I I I \ , , \ \ I \ \ I I \ \ \ \ \ \ \ I I I I , I I I I I f I I I / / / / I I / / / / / / / / I / , I \ \ \ \ \ \ \ Y \ 1\ \ I \ ! \ \ I \ \ \1 \ ,^ \ \ I \ \ \ I \ \ \ \ \ ) \ \ \ \ , 1\\ , \ \ ' 1\\ \ \ \ ' \ " \ , \ ' , , , , \ \ \ \ \ \ I J I / I I I ) / / / / I I , , \ \ \ \ \ \ \ I \ \ \ / I I I I I I I / I I I I I , I I , \ \ \ , \ \ \ I \ \ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \.. I I I I I I I , \ \ \ \ \ \ \ \ ~ I ;Eill "0 ~ :j!~ ~ Cii ~g ~ ~ "Om 0 CO) ~e 0 0 ~~ ~ ~ ~d c: ~ m:j! ~ 0 d:n ~ me 0 o 0 ill ~ m c: " :ll o In CO) m z e ~.TEMPORARY STREAM CROSSINGS \ . =:JW[~: .. \ " ,. ;.. ~ 113 P4>e diameter covel3&e minimum , ~, 9"trUnDnum oompacteddepth ofwamed sutge stolle ~ ..: v:i ;r. . . .. . . e. . . .. . . . (-. \ , . 4" aassB rip-rap 36" plvan2edpipe '. .invert of pipe to be equal or below stmam bed ~_.. ..- 1) Pipe will be installed no more than 30 days or 20 work days, weather permitting . (unsaturated soil) with no standing water, before construction begins. 2) Pipe will be 36" by 3D' 3) A filter fabric of TC Mirafi 600X will be installed under stone and pipe. . ' . .' ....., 4)Pipe will be removed no more than 30 days or 2Q dry work days after concrete pole #84 is installed :and all "construction related to the project is complete. .... . .. I SITE 1, Figure 4 . ' Office Use Only: 03 Fonn Version October 2001 DWQ No. 0 5 7 7 USACE Action ID 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. Check all of the approval(s) requested for this project: ~ Section 404 Permit D Section 10 Permit ~ 40 1 Water Quality Certification D Riparian or Watershed Buffer Rules WETLANDS / 401 GROUP MAY 0 9 2003 WA7ERQUAUTYSECnON I. Processing 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: D 4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: D II. Applicant Information 1. Owner/Applicant Information Name: PDEA. Greg Thome Ph.D. Manager Mailing Address: 1548 Mail Service Center Raleigh. NC 27699-1548 Telephone Number: 919-733-3141 E-mail Address:gthoroe@dot.state.nc.us Fax Number: 919-733-9794 2. Contractor Information (A signed and dated copy of the Contractor Authorization letter must be attached if the Contractor has signatory authority for the owner/applicant.) Name: E.L. "Ernie" Mitchell CPESC Company Affiliation: Duke Power Mailing Address: 2500 Fairfax Road Greensboro. NC 27407 Telephone Number: 336-854-4842 Fax Number: 336-854-4911 E-mail Address:elmitche@duke-energy.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no 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 fmal 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: Shepherds Tree Mitigation Bank 2. T.I.P. Project Number or State Project Number (NCDOT Only): TIP No. R-2239WM 3. Property Identification Number (Tax PIN): 4. Location County: Iredell Nearest Town: Statesville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located between Triplett Road (SR 2362) and Knox Farm Road (SR 2363), adiacent to Third Creek. southeast of Statesville. 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Forest. agricultural fields and scrub-shrub wetlands. 7. Property size (acres): approximately 160 acres 8. Nearest body of water (stream/river/sound/ocean/1ake): Third Creek 9. River Basin: Yadkin (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 12 10. Describe the purpose of the proposed work: Stream Mitigation. Relocation of the stream channel. and to install a temporary culvert. 11. List the type of equipment to be used to construct the project: Track hoe. Dump Truck. and Bull Dozer 12. Describe the land use in the vicinity of this project: Farm fields and forest 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 ill 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. No previous permits applied for v. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Not Applicable VI. Proposed Impacts to Waters of the United StateslWaters 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 12 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type ofImpact* Impact IOO-year Floodplain** Nearest Stream Type of Wetland* * * (indicate on map) (acres) (yes/no f (linear feet) , . * 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. ** 1000Year 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 htto://www.fema.l!:ov. *** 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: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name * * of Stream Intermittent? (indicate on maD) (linear feet) Before Impact (please specify) I Temporary 30ft UT to Third Creek 13ft. Stream Culvert 2 Stream 120ft. UT to Third Creek 22-28ft. Relocation 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.USI!:S.I!:OV. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.tooozone.com, www.mapquest.com. etc.). * Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Water body Type of Waterbody Site Number Type of Impact* Impact (lake, pond, estuary, sound, (indicate on map) (acres) (if applicable) bay, ocean, etc.) * 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): D uplands 0 stream D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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 fmancial 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. Not applicable VIII. , Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Qualityfor 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 12 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 off site), 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. Mitigation plan distributed to agencies 6-2001 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 htq:>://h2o.enr.state.nc.us/WIJ>/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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Page 10 of12 Amount of Coastal wetland mitigation requested (acres): 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 D If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)? Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes D No IZI 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 D No D x. Proposed Impacts on Riparian and Watershed ButTers (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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rwes and Water Supply Buffer Requirements), or other (please identify )? Yes D No D 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 Multiplier Required (square feet) Miti.e;ation 1 3 2 1.5 Total . Zone 1 extends out 30 feet perpendicular from near bank: of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of12 If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., Donation of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. 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. 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes D No ~ Is this an after-the-fact permit application? Yes D No ~ XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction elates 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). \b:t) O-JL (~~, S/'l/03 Appli~~~ S;ature tDatb (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 [Fwd: Sh~l]erd's Tree] ...,.. Subject: [Fwd: Shepherd's Tree] Date: Fri, 25 Apr 200309:07:04 -0400 From: Randy Griffin <rgriffin@dot.state.nc.us> Organization: North Carolina Department of Transportation To: "April L. Helms" <ALHelms@dot.state.nc.us> -------- Original Message -------- Subject: Shepherd's Tree Date: Fri, 28 Mar 2003 11:03:53 -0500 From: "Jimmy R Hicks" <jrhicks@duke-energy.com> To: rgriffin@dot.state.nc.us CC: "Christopher M Fallon" <cmfallon@duke-energy.com>,"Thomas A Sherard Jr" <tasherar@duke-energy.com>,"Henry F Parker" <hfparker@duke-energy.com>,"Brenda P Dofflemoyer" <bpdoffle@duke-energy.com> I, Jimmy R. Hicks, Senior VP of Electric Transmission with Duke Power, allow NCDOT to apply to obtain the necessary permits (NWP's27 & 33) to complete work associated with the Shepherd's Tree Mitigation Site. These permits will facilitate the construction of a temporary access road to facilitate tower construction on NCDOT property and to reroute an unnamed tributary to Second Creek under Triplett Road onto the NCDOT mitigation site. 1 of 1 4/25/2003 9:33 AM ~, '.... If buffer mitigation is required~ please discuss what type of mitigation is proposed (te.,. Donation ofPropcrty. Conservation EasCllUent, Ripariau Buffer Restoration I Enhancement. PrcsCIVation or payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within ISA NeAC 2B .0242 or .0260. Xl. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) vct'S\lS total acreage on the site. Discuss stormwatcr controls proposed in order to protect sud'ace waters and wetlands downstream from the property. xu. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available ~acity of the subject facility. xm. Violations (required by DWQ) Is this site in violation of 'DWQ Wetland Rules (lSA NCAC 2H .0500) or any Buffer Rules? Yes 0 No 0 Is this an after-the-fact permit application? Yes 0 No 0 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 ilD:pose limits on work schedules (e.g., draw-down schedules for lakes. dates associated with Endangered and Threatened Species, aceessjbilityproblems, or other issues outside ofthe applicant's contrOl). €::l. ~ C PFS:C ~y~ -elf-iEf'f/-a-~ Applicant/Agent's Signature Date (Agent's signat\1l'e is valid only iran authorization letter from the applicant is provided.) Pago 12 of 12 AI . Compl~teit~~:1;;2~jin~3.Also complete item .4.if.RElstrict~iDEllivery..isdesired. . Print yqtlr nai'neaod'addresson the reverse so thatwe canreti!Jl'i1.thecard to you. . . AttaqMhis cal'd.t()ith~back of the mail piece, or on the frontifspac:e . permits; t. Article Addressed to: -~ I I :\ I '--- 2:Artlcl~ (TtanS1 ~ pS Form ~: Ii II ), A.. Signature DAgent . '0. Addresse C. 'Datepf Deliver: x Dves DNa 3. ~:~ail 0 ~ Mail o Registered ~etum Receipt for Marchandis o Insured Mail 0 C.O.D. 4. Restricted Delivery? (ExtIa Fee) 0 Ves ~ ~s-r i UNITED STATES POSTAL SERVICE II <,:,... i' t , j L First-Class. Mail . postage & Fees. Paid USPS .' ........ . Permit No.G-~O' .. Sender: Please print you'r name, address, andZIP+4 i~thisbox.' 'l),\, r NC DENR Divisi~n of Water Quality . I Wetlands/401 Certification Unit , 2321 Crabtree Boulevard, Suite 250 i Raleigh, NC 27604 I \. fl,l,lr.tl1ml.II~.ilillliJ,.lntlltn"I.Il~',hMl.uu(M' .