20020498 Ver 1_Complete File_20020401

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Bill Ross, Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Jim Trogdon III, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27893
1 ,1k'?WAA •
10 0-ft Nook
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 9, 2002
DWQ No. 020498
Nash County
Re: Pipe replacement on SR 1168 on an unnamed tributary to Turkey Creek in Nash County,
State Project No. 5.3232
Turkey Creek [28-33; C NSW]
APPROVAL of Tar-Pamlico Buffer Rules AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Trogdon,
You have our approval, in accordance with the attached conditions, to impact 1500 square feet of riparian
buffers to replace an existing 103" x 71" x 40' corrugated metal pipe arch with a 117"x79"x40' con span pipe
arch on an unnamed tributary to Turkey Creek on SR 1168 in Nash County. The project shall be constructed
according to your application dated March 18, 2002 and any conditions listed below. This approval shall act
as your Authorization Certificate as required within the Tar-Pamlico River Riparian Area Protection Rules
(15A NCAC 2B .0259). In addition, you should get any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated March 18,
2002. If you change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this authorization and approval letter and is
thereby responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This authorization and its conditions are final and
binding unless you ask for a hearing.
Non-Discharge Branch Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27669-1650
Telephone [phone] FAX No. 733-6893
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
Page 2 of 2
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0259(8). If you have any questions, please contact John Hennessy
at 919-733-5694.
Sincerely,
j? Gregory J. Thorpe, Ph.D.
Acting Director
Cc: US Army Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
C:\ncdot\SR 1168\wgc\020498buffer authorization.doc
02049 8
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
MARCH 18, 2002
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Ms. Jean B. Manuele
NCDOT Coordinator
Subject: Nash County Proposed Pipe Replacement on Sr- 1168 located at unnamed
tributary of Turkey Creek , Preconstruction Notification for NWP #3/33
State Project No. 5.3232 (DWQ Minor Permit Fee $200)
The North Carolina Department of Transportation (NCDOT) proposes to replace existingl@
103"x 71"x 40' corrugated metal pipe arch (CMPA) with 1@ 117"x 79"x 40'(CSPA) with
aluminum headwalls located on UT to Turkey Creek on SR 1128 near Middlesex. 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,NWP 33, Temporary Dewatering.This
letter shall also provide courtesy notification to the North Carolina Department of Environment
and Natural Resources (NCDENR) Division of Water Quality (DWQ) according to concurrence
requirements for Water Quality Certification.
Impacts to the waters of the United States
The proposed pipe replacement will require minimal impacts to waters the Waters of the
of the United States in the Tar River Basin. The minimum necessary amount of riprap will
be placed adjacent to the headwalls in order to protect them from erosive scour during high
water events. The existing 143"x 71" pipe will be remove only after dewatering the site. The
stream flow is diverted by a pump around the work site back into the stream channel below
the cofferdam.Water pumped from the dewatered work zone is pump into a Silt Bag, or a
vegetated area-prior to entry back into the stream channel.
Division 4, PO Box 3165, Wilson, NC 27895-3165
Phone: [phone] Fax: [phone] °,
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: 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 only
minimal impacts to waters of the U.S. Impacts have been minimized to the
maximum extent possible during this stabilization project.
Riparian Buffer Impacts
The proposed pipe replacement project involves work within Zone 1 of a UT
to Turkey Creek that is subject to the Tar/Pamlico Riparian Buffer Rule.
According to the Table of Uses (15A NCCAC 02B.0233 (6) in the rule, road
crossings (pipe replacements) is allowable with notification.
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 located inserted upstream and
down stream around the base of the slopes temporaily damming the flow in the
stream to prevent any disturbed sediments from impacting turbidity levels in the
stream in order to minimize temporary increases in turbidity due to
construction.Vegetation and buffer zones impacts will be minimal during this
process.
Permit Issues
The purpose of this letter is to provide notification under Section 404
Nationwide Permit (NWP) 3, Maintenance Activities for the of the U.S. Notification
to the COE for the use of NWP 33 to temporaily dewater jurisdictional waters
during the subject maintenace pipe replacement is provided as a courtesy for this
project. Also, courtesy notification to the North Carolina division of Water Quality
(NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3258 is provided
for this project. NCDOT will comply with all conditions associated with the
applicable NWP and WQC.
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 pipe
replacement 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
Temporary impacts to the stream channel will be the minimum necessary to
effectively make the repairs, and all appropriate sediment and erosion control
measures will be utilized. Temporary impacts to the riparian buffer will not exceed
1500 square feet and any vegetation removed will be restored within six months.
NCDOT proposes to replace the existing pipe due to its structual condition in
Nash County meeting current hydraulics design specifications.The existing stream
channel will not be widened or significantly altered by the proposed project.
NCDOT will need to remove a tree stump that is currently causing a scour down
stream located in the middle of the stream to improve the streams hydraulics. The
project is located in the Tar/Pamlico River Basin.Impacts associated with pipe
replacement are allowable with notification 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 NWP's
and Section 401 WQC's conditions. If you have any questions or need additional
information, please contact Mr. Jimmy W. Marler at [phone].
Sincerely,
Trogdon, III, P.E.
Engineer
cc: Mr. David Franklin, USACE - VIlthington
Mr. John Dorney, NCDWQ, Raleigh
Mr. David Cox, NCWRC, Creedmoor
Mr. Garland Pardue, USFWS, Raleigh
Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer
Mr. Don Goins, P.E. Chief Engineer, Operations
Office Use Only: Form Version October 2001
020498
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. 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: NWP 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. James H. Trogdon, III, P.E., Division Engineer
Mailing Address: North Carolina Department of Transportation/Div.4
P. O. Box 3165
Wilson, NC 27895-3165
Telephone Number:- 252)237-6164 _ _ Fax Number: (252 234-6174 __
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: Mr. Jimmy W. Marler
Company Affiliation: Division Bridge Maintenance Engineer
Mailing Address: P. O. Box 3165
Wilson NC 27895-3165
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 6 of 14
111. 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: SR 1128 Childrens Home Rd
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Nash Nearest Town: Middlesex
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): .5 mi N US-264 .5 mi S of
SR 1127 and Childrens Home Middlesex Quad
5. Site coordinates, if available (UTM or Lat/Long): UTM 17752683E 3964063N
(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: Rural,
Agriculture/Urban
7. Property size (acres): NA
8. Nearest body of water (stream/river/sound/ocean/lake): Turkev Creek
9. River Basin: Tar -Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at i_? uS`?dTI

10. Describe the purpose of the proposed work: Replace existing 1@ 10Yx 71" CSPA with
I@ 117"x 79"x 40' aluminum headwalls installed 1' below streambed
11. List the type of equipment to be used to construct the project: Heavy Construction
(track hoe excavator, dump truck)
12. Describe the land use in the vicinity of this project: Residential/Commercial mix.
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.
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:
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
Page 8 of 14
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
( es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
10
0

1 fill
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized c eanng, grading, ,
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 htto:h"w" , fcma. aoti-.
*** 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: NA
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
Pipe/riprap 20 UT 8 Perennial

ed
' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associat 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
i Several internet sites also allow direct download and printing of USGS maps (e.g., ?Ln to , 'L'_=-,
_,_._..!, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60
Page 9 of 14
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 ma)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
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): ? 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 vroiect will be protected from unnecessarv
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 p[oject
construction.
Page 10 of 14
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.
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.htmi.
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.
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/«-rpindex.htm. If
Page 11 of 14
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)?
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 Suppl Buffer Requirements), or other (please identify )?
Yes R No ? If you answered "yes", provide the following information:
Page 12 of 14
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* s carpe feet Multiplier Req ato
1 1500 3 0
2 0 1.5 0
Total 0 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)
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.
Temnorarv dewaterina and all appropriate best management practices for sediment and erosion
control will be implemented during pipe replacement.
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 ? No
Is this an after-the-fact permit application?
Yes ? No
Page 13 of 14
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).
Signaturee°-I A)ate
is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
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1

STREAMBED = 8
BOTTOM PIPE = 9'
OUTLET
TOP PIPE = 2'
STREAMBED = 8'
BOTTOM PIPE = 9'
PIPE REPLACEMENT SR1128 NASH
INLET EXISTING PIPE
TOP PIPE = 2' 1@103'X71'X40'
WOODS
3W ZONE 1 2W MN
70.0(
S -1---I rE p=lan
b
g 3W ZONE 1 2
--MEE sww
WOODS
NOTE:
OUTLET AND INLET
ALUMINUM HEADWALLS
STEEL SHEATHING WILL BE USED FOR DEWATERING
ON BOTH ENDS ENDS 30' FROM CL
REPLACEMENT
1 @117'X79' CSPA
LENGTH 40'
HW --7?--
?r
STREAM PROFILE
BELOW SB
SCALE 1' = 50'