20050043 Ver 1_Complete File_20050107

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
January 5, 2005
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
3
WETL ,Y
8RANCH
Subject: Proposed maintenance improvements to replace a failed junction box and
pipes conveying an unnamed tributary to Sandy Creek at the intersection
of SR 1518 (Water St) and SR 1214 (Pinkston St) in town Henderson,
Vance County.
The North Carolina Department of Transportation (NCDOT) proposes to replace a failed
junction box and the outlet end pipes conveying an unnamed tributary to Sandy Creek at
the intersection of SR 1518 (Water St) and SR 1214 (Pinkston St) in town Henderson,
Vance County (Figure 1 and Figure 2). Information concerning this activity is provided
below:
Impacts to Waters of the United States
Maintenance activities at this site will impact an unnamed perennial tributary to Sandy
Creek [NCDENR-DWQ Index No. 28-78-1-(1), Best Usage Classification C NSW,
HUC 03020101] (Figure 3) in the Tar Pamlico River Basin. The existing structures
conveying the creek are two sets of double 48-inch pipes. There are corrugated metal
pipes with a headwall at the inlet and reinforced concrete pipes at the outlet, connected by
a junction box. The current piped section of stream at this site is approximately 85 feet.
Please note that the existing junction box and concrete pipes at the outlet have failed
thereby causing a maintenance issue with the overlaying pavement. Additionally the
shoulder width along Water Street is of insufficient width and needs repair. To eliminate
this maintenance problem the NCDOT will pull up the existing double line of 48 inch
concrete pipes from the outlet end of this crossing, repair the junction box, and replace
the pipes in place with the same size pipes. Then one 4 ft concrete joint will be added to
the eastern most pipe so that the shoulder can be repaired in that area (Photographs 1-4).
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2
The NCDOT proposes to temporarily dewater the work zone during the activity at this site.
This will involve the temporary placement of sandbags in the creek 10 feet upstream and 10
feet downstream of the existing piped section. Once the stream has been dewatered, the pipes
will be replaced and the junction box and shoulder area will be repaired.
Permanent impacts at the site associated with this maintenance work and minimal
amounts of rip rap to protect the replacement pipe and joint include 9 linear feet existing
channel impacted (4 ft fill and 5 ft bank armoring). The work zone will be dewatered for
approximately five days. Temporary concurrent impacts to the stream from this activity
will result in the dewatering of 105 linear feet of stream. The sand bags will be removed
after the proposed activity is complete.
Riparian Buffer
The activity at Site 1 involves a road crossing of a stream that is subject to the
Tar-Pamlico Riparian Buffer Rules. This unnamed perennial tributary to Sandy Creek is
depicted on the most recent version of the Henderson (USGS, 1970/1982) topographic
quadrangle (Figure 1) and it also appears on the Soil Survey of Vance County (USDA-
SCS, 1977) (Figure 2).
The activity at Site 1 results in impacts to the riparian buffer (Figure 3). Maintenance
impacts at Site 1 total 105 square feet in Zone 1 and zero square feet in Zone 2 (totaling
10 linear feet of riparian buffer impacts). Please note that disturbance activity to the
buffer zone is limited to the outlet end of the crossing. Based on the impacts to the
riparian buffer at this site, this crossing is EXEMPT.
Waters of the U.S. Mitigation
Avoidance: All 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 near surface waters.
Minimization: Strict enforcement of 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 these sites.
Compensatory Mitigation: Unavoidable impacts to 4 linear feet of stream associated with
this project will be mitigated (at a 2:1 ratio) by providing 8 linear feet of stream
restoration equivalent in the Tar Pamlico River Basin (Hydrologic Cataloging Unit
03020101). All compensatory mitigation requirements will be assimilated on a quarterly
basis and provided to the Ecosystem Enhancement Program (EEP) for their acceptance
with a copy provided to the USACE for verification and accounting purposes.
Photograph 1. Outlet, one 4ft joint will be added to east (right) pipe.
Photograph 2. View from outlet looking downstream -
(failed shoulder along left bank between pipes and power pole).
Photograph 3. View from upstream looking at inlet which will not be
altered, sandbags will be placed in the stream for dewatering.
Photograph 4. Maintenance area above failed junction box and pipes.
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Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act. As of January 29, 2003, the dwarf wedgemussel
(Alasmidonta heterodon) and bald eagle (Haliaeetus leucocephalus) are listed as federally
protected species in Vance County. The UT to Sandy Creek at this site is heavily silted and
does not provide suitable habitat for mussel fauna. This maintenance site is not adjacent to
nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle.
Therefore, based on the lack of suitable habitat observed during the 10/21/04 site visit,
biological conclusions of No Effect have been rendered for each species.
Summary
To eliminate this maintenance problem the NCDOT will pull up the existing double line
of 48 inch concrete pipes from the outlet end of this crossing, repair the junction box, and
replace the pipes in place with the same size pipes. Then one 4 ft concrete joint will be
added to the eastern most pipe so that the shoulder can be repaired in that area.
Permanent impacts at the site associated with this maintenance work and minimal
amounts of rip rap to protect the replacement pipe and joint include 9 linear feet existing
channel impacted (4 ft fill and 5 ft bank armoring). The work zone will be dewatered for
approximately five days. Temporary concurrent impacts to the stream from this activity
will result in the dewatering of 105 linear feet of stream. The sand bags will be removed
after construction.
The activity at Site 1 results in impacts to the Tar Pamlico riparian buffer. Maintenance
impacts at Site 1 total 105 square feet in Zone 1 and zero square feet in Zone 2 (totaling
10 linear feet of riparian buffer impacts). Please note that disturbance activity to the
buffer zone is limited to the outlet end of the crossing. Based on the impacts to the
riparian buffer at this site, this crossing is EXEMPT.
Unavoidable impacts to 4 linear feet of stream associated with this project will be
mitigated (at a 2:1 ratio) by providing 8 linear feet of stream restoration equivalent in the
Tar Pamlico River Basin (Hydrologic Cataloging Unit 03020101). All compensatory
mitigation requirements will be assimilated on a quarterly basis and provided to the
Ecosystem Enhancement Program (EEP) for their acceptance with a copy provided to the
USACE for verification and accounting purposes.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the
NCDWQ as Section 401 Water Quality Certification (WQC) No. 3376 and No. 3366 will
be utilized for construction of this project. The NCDOT will comply with all applicable
NWP and WQC conditions. A pre-construction notification is attached with this request.
If you have any questions or need additional information, please contact Ms. Heather
Montague at [phone].
Sincerely, y?
on G. Nance, P.E.
Division Engineer
cc: Nicole Thomson, NCDWQ
Steve Winstead, NCDOT
Clarence Thompson, NCDOT
Katie Simmons, NCDOT
Office Use Only: 050043 Form Version May 2002
.
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification (WQC 3376 and WQC 3366 do not require written
concurrence).
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance P.E.
Mailing Address: 2612 N Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNance(d?dot.state.nc.us
2. Agent/Consultant 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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
III. Project Information
5
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: Proposed replacement of a structures conveying an unnamed tributary to
Sandy Creek at the intersection of SR 1518 (Water St) and SR 1214 (Pinkston St) in town
Henderson, Vance County,
2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work
Order Number
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Vance Nearest Town: Henderson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh take Hwy 1 North
to Henderson. In Henderson, take the Hwy 39 (Andrews Ave) Exit and travel West towards
town. Make a right onto SR 1214 Pinkston Street and travel to intersection with SR 1518
Water Street.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.3279°N, 78.3861 °W
_(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. Property size (acres): Site 1: -0.05 acre
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Sandy Creek
8. 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 http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 8
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is surrounded by neighborhood streets and residences.
10. Describe the overall project in detail, including the type of equipment to be used:
To eliminate a maintenance issue which as resulted from failed pipes and junction box, the
NCDOT will pull up the existing double line of 48 inch concrete pipes from the outlet end
only, repair the junction box and then replace the in place with the same size pipes. One 4 ft
concrete joint will be added to the eastern most pipe so that the shoulder can be repaired in
that area (see Photograph 1-2) The NCDOT will also dewater the work zone during
construction Equipment may include excavator, backhoe bulldozer, grader, and crane.
11. Explain the purpose of the proposed work: Broken pavement and repeated settling of
repaired pavement indicates a problem with the junction box underneath Water St and
Pinkston St (see Photograph 4) This junction needs to be repaired. Also the shoulder along
Water St is of insufficient width and needs repair. Adding one 4 ft joint of pipe to the eastern
most pipe will allow the shoulder to be built up in this area.
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 infonnation. 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.
None that are known for NCDOT activities.
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.
No
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 3 of 8
1. Provide a written description of the proposed impacts The proiect proposes to replace the
existing structures at Site 1, with one 4 ft concrete joint added to eastern most pipe
The NCDOT will also dewater the work zone during construction.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (yes/no) (linear feet)
N/A
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 htty://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NONE
Total area of wetland impact proposed: NONE
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Length of Impact Average Width Perennial or
Site Number Type of Impact*
(linear feet) Stream Name** of Stream Intermittent?
(indicate on ma) Before Impact (please secif )
Pipe replacement, 4 ft
One 4 ft joint
Rip rap along
UT
1 streambank for 5 ft 3.5 ft perennial
Sandy Creek
stabilization only
Temporary 105 ft (concurrent)
Dewatering
* 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.mgRguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Site 1: 9 feet existing channel impacted concurrent 105 feet temp impact from dewatering).
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
indicate on ma) (acres) bay, ocean, etc.)
N/A

• List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 4 of 8
5. 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.): 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.
All surface waters not affected by construction will be protected from unnecessary encroachment
during construction. Strict enforcement of Best Management Practices for the protection of
surface waters will be enforced during construction. Only the smallest amount of fill necessary
to complete the project will be placed in waters of the United States or protected riparian buffers.
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
Page 5 of 8
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnnp,ide.html.
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.
8 ft of stream restoration by payment in the Ecosystem Enhancement Prgram
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wr2/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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 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 (required by DWQ)
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
Page 6 of 8
-e do
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 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.
Site 1
I Impact I I Required
Zone* r -" Multiplier
1 I 105 l 3 N/A
2 0 1.5 N/A
Total I 105 I I N/A
* Zone I 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.
N/A
XI. Stormwater (required by DWQ)
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.
There is annroximately 0.04 acre of existing impervious surface at this site. No increase in
impervious surface area is result from the proposed maintenance activities. Erosion and
sediment control devices along the project are comprised of temporary silt fence.
XII. 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 capacity of the subject facility.
The project will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 7 of 8
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).
Agent's
? 14 1 os
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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