20011312 Ver 1_Complete File_20010710

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STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GovERNOR
July 3, 2001
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
SECRETARY
Subject: Proposed Removal of Accumulated Sediments in Stream Channel Adjacent
to SR 1322 in Penders Mill Run in Edgecombe County.
The North Carolina Department of Transportation (NCDOT) proposes to remove
accumulated sediments resulting from Hurricane Floyd (1999) and associated with beaver
activity in Penders Mill Run in Edgecombe County. The purpose of this letter is to provide
notification to the U. S. Army Corps of Engineers (COE) under Nationwide Permit (NWP)
#3, Maintenance Activities. This letter shall also provide notification to the North Carolina
Department of Environment and Natural Resources (NCDENR) Division of Water Quality
(DWQ) for temporary impacts to adjacent buffers during the proposed project.
Impacts to Waters of the United States
The proposed project will require minimal impacts to waters of the United States
in the Tar River Basin. The minimum necessary amount of sediment removal will be
performed in order to restore flow around the existing road and away from the existing
culverts on SR 1208. The total length of the project will be less than 150 feet and will
impact less than 0.07 acre of wetlands. Approximately 0.034 acres of permanent impact
will result from excavation and approximately 0.034 acres of temporary impact will result
from the removal of spoil to an upland disposal site.
Post Office Box 3165, Wilson, North Carolina 27895-3165
2
Waters of the U.S. Mitigation
Avoidance: All wetlands or surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in or near wetlands or surface waters.
Minimization: The existing road, SR 1322, will allow access to the work zone
with minimal impacts to adjacent wetlands. Mats and geotextile fabrics will be used
during the dry season to provide access to the obstructed channel, with end-in access
methods to allow only a 10-foot wide temporary access path. Sedimentation and erosion
control Best Management Practices for the protection of wetlands and surface waters will
be enforced during project construction. Continued coordination will occur with
maintenance forces and the Environmental Officer during construction to minimize
impacts to waters of the U. S. at these sites.
Compensatory Mitigation: Construction of the project will result in less than
0.07 acres of impacts to waters of the U. S. Impacts have been minimized to the
maximum extent possible during this maintenance project.
Riparian Buffer Impacts
The proposed removal of accumulated sediments involves work within Zone 1
buffer of a stream that is subject to the Tar/Pamlico Riparian Buffer Rule. According to
the Table of Uses (15A NCCAC 02B .0233 (6)) in the rule, removal of previous fill or
debris is exempt, provided that diffuse flow is maintained and any vegetation removed is
restored. Temporary roads that disturb less than 2,500 square feet are also exempt,
provided that vegetation is restored within six months of the disturbance.
Dewatering
The NCDOT proposes to temporarily dewater the work zone in the immediate
vicinity of the proposed project. This will involve the temporary placement of sheet
metal cofferdams, or silt curtains around the work zone, in order to minimize temporary
increases in turbidity due to construction. The temporary area to be dewatered will be less
than 0.07 acres total, and will be phased in order to minimize temporary impacts.
Permit Issues
The purpose of the proposed sediment removal project is to protect adjacent
landowners from damages by potential flooding, protect the existing road from damage
by adjacent ponding and to facilitate flow through the existing culverts on SR 1208
during peak flow events. The purpose of this letter is to provide notification under
Section 404 Nationwide Permit (NWP) 3, Maintenance Activities, for the removal of
accumulated sediments in waters of the U. S. Also, courtesy notification to the North
Carolina Division of Water Quality (NCDWQ) is provided for this project. NCDOT will
comply with all conditions associated with the applicable NWP and Tar/Pamlico riparian
Buffer Rules.
Additionally, the purpose of this letter is to request authorization under a Section
404 NWP 33 to temporarily dewater the immediate work zone during the stabilization
project. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require
written concurrence from the NCDWQ as NCDOT intends to comply with conditions for
the WQC.
Summary
NCDOT proposes to remove accumulated sediments from Penders Mill Run
adjacent to SR 1322 in Edgecombe County. The project is located in the Tar/Pamlico
River Basin. The proposed project impacts are exempt under the Tar/Pamlico Riparian
Buffer Rule. The NCDOT asks that the dewatering of the work zone be authorized under
a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs
and Section 401 WQCs conditions. If you have any questions or need additional
information, please contact Ms. Robin M. Little at [phone].
Trogdon, III, P.E.
Engineer
cc: Mr. David Franklin, USACE, W mgton
Mr. John Dorney, NCDWQ, Rale h
Mr. David Cox, NCWRC, Creedmoor
Mr. Garland Pardue, USFWS, Raleigh
Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer
Mr. Franz Enders, Assistant District Engineer
Mr. Don Goins, PE., Chief Engineer, Operations
Office Use Only: Fonn Version April 2001
USACE Action ID No. DWQ No. 01 1312
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWT 3, 33
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: E]
H. Applicant Information
Owner/Applicant Information
Name: Mr. James H. Trogdon, III, P.E., Division Engineer
Mailing Address: North Carolina Department of Transportation /Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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: Ms. Robin M. Little
Company Affiliation: Division Environmental Officer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: 252) 237-6164 Fax Number: [phone]
E-mail Address: [e-mail]
Page 3 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 detailedsite 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: SR 1322, Removal of Accumulated Sediments
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Edgecombe Nearest Town: Tarboro
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): US 64 east, to north on NC 122,
left onto SR 1208 (west) 1.02 miles, to north onto SR 1216, 0.16 miles to SR 1322 on left.
5. Site coordinates, if available (UTM orLat/Long): UTM 18 264018E 3975644N, Tarboro
Quad
(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 distinctwaterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Penders Mill Run DWQ # 28-77,
WS-IV NSW
9. River Basin: Tar River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available athttp://h2o.enr.state.nc.ta.s/admire/maps/.)
10. Describe the purpose of the proposed work: Removal of accumulated sediments, in order
to protect adjacent landowners from flooding damages to properties poding and flooding
Page 4 of 12
damages to existing road and to faciliatate flow during peak flow events through existing
culvert on SR 1208.
11. List the type of equipment to be used to construct the project:
Heavy construction equipment back hoe, track hoe excavator, dump truck)
12. Describe the land use in the vicinity of this project: Rural residential/agricultural.
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.
NA
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: NA
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be 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 5 of 12
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100 yearFloodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
1 Ditching 0,034 yes 0-150 Forested wetland/beaver
pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing;rading, 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:hwzn v.fema.gov
*** List a wetland type that best describes wetland to be impxted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed: 0.034 acres permanent, 0.034 acres temporary
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 ma) (linear feet) Before Impact (please specify)
1 Excavation <150 Penders Mill Run 3 -5 Perennial
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated ip-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 ori ginal 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
«ww.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., 'vvwwjopozone.con?
www.mapiluest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: <150 linear feet
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 Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)

* List each impact separately and identify temporay impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding; drainage, bulkheads, etc.
4. Pond Creation
Page 6 of 12
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve.or spillway, etc.):
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
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands or surface waters not affected by the project will be protected from unneessarv
encroachment. No staging of construction equipment will be allowed in or near wetlands or
waters of the U.S. Strict enforcement of sedimentation and erosion control Best Management
Practices for the protection of wetlands and surface waters will be enforced during project
construction. Temporary impacts to adjacent wetlands will be minimized by the use of
geotextile fabrics, matting and removal of spoil to upland disposal area. Accumulated sediments
due to beaver activity and recent floods will be removed to minimal extent necessary to restore
normal flow to stream channel.
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.
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.
Page 7 of 12
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
litt?_,/1120:enr.state_nc.us ncw_etlands/strmaide:htmI
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina 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 littp://li2o.enr.state.nc.us/,,vrp/i*ndex.htni. 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
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 ?
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)?
Page 8 of 12
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] 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 ? No ?
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 identify )?
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
1 600 3 0
2 400 1.5 0
Total 1000 0
* 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.
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
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)
Page 9 of 12
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.
Temporary dewatering and all appropriate best management practices for sediment and erosion
control will be implemented during removal of accumulated sediments from stream channel
XH. 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.
XM. Violations (DWQ Only)
Is this site in violationof 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).
`?7 Ib 1
Appl' cantlA enf s SignatNe I Date
(Ag is sig ature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
Page 10 of 12

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STATE OF NORTH CAROLINA SUBJECT-SK i32-2, PROJECT
-DERARTMEMT OF TRANSPORTA`riON
?o
B?;y COUNTY
D3Vi590N OF HIGHWAYS
HIGHWAY BUILDING PREPARED BY _... DATE STA'TIONJ..
F. O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY BATE STIR NO SHEET OF-

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