20050602 Ver 1_Complete File_20050419

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April 19, 2005
Wake County
DWQ Project No. 050602
APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
proposed pipe maintenance and improvement to a structure conveying Fall Branch on SR 2329 (Marshburn Road) in
Wake County.
Impact Stream Impacts - Concurrent Stream Impacts - Riparian Buffer Impacts (Square Feet)
Locations Permanent Fill Temporary Dewatering-
(Linear Feet) (Linear Feet)
Site 1 39 39 2,329 (2,329 Zone 1 + 0 Zone 2)
The project shall be constructed in accordance with your application dated received April 14, 2005. After reviewing
your application, we have decided that the stream impacts and riparian buffer impacts described are covered by
General Water Quality Certification Numbers 3494 and 3366. This certification corresponds to the Nationwide
Permit 3 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse
River Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
riparian buffers.
3.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
- One
NorthCarolina
Transportation Permitting Unit Qt7lCll??lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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4.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel "or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
5.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
6.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
7.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
8.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
9.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should?waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
10.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
11.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
12.) If the above. condition (#11) is unable to be met, due to bedrock or other limiting features, encountered during
construction, please discontinue activities and contact the NCDWQ for directions on how to proceed.
13.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
14.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
15.) All work shall be performed during low or normal flow conditions.
16.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
17.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
18.) For 39 linear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to
its preconstruction contours and revegetated with native vegetation.
19.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
4
construction. A post-construction as-built with the restoration activities included shall.be submitted to-the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
If you do not accept any of the conditions of this certification, 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 that 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 certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Christina Breen at [phone].
Sincerely,
an W. Klimek, P.E.
JEH/cmb
Attachment
cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
NC DWQ Raleigh Regional Office
Central Files
File Copy
c:\Correspondence\2005 SR Projects\DWQ050602\041805wgc.doc
U)'
N. C. DEPARTMENT OF TRAM a">OTLTATION
TRANSMITTAL SLIP DATE
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TO: REF. NO. OR ROOM, BLDG.

FROM: REF. NO. OR ROOM, BLDG.
? ) LDvT- 010
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? NOTE AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:

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CA-e ' STATE OF NORTH CAROLINA OSOgrFp
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DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPEX49
GOVERNOR SECRETARY
April 6, 2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office WBS Element: 5B.209211
6508 Falls of the Neuse Road, Suite 120 STAT IO# 9800373
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed maintenance improvements to a structure conveying Fall Branch
on SR 2329 (Marshburn Road) in Wake County. DWQ # 050602
The North Carolina Department of Transportation (NCDOT) proposes to replace a pipe
conveying Fall Branch on SR 2329 (Marshburn Road) in Wake County (Figures 1 - 3).
J
Impacts to Waters of the United States
The project crosses a perennial stream, Fall Branch, [NCDENR-DWQ Index No. 27-57-
9, Best Usage Classification C NSW; HUC 03020201] (Figure 3) in the Neuse River
Basin. The existing structure that conveys the creek is a 60-inch corrugated metal pipe
that is 37 feet long. Please note that the existing structure is undersized, worn out, and is
perched at the outlet resulting in a blowhole (see photographs 1 and 2). The outlet of the
proposed structure will be located inside the limits of this blowhole, making is
impractical to bury the pipe one foot in the stream bed. Additionally, there is a noticeable
amount of bedrock within the channel which may also hinder proper pipe burial. NCDOT
hydraulics unit has indicated that the increase in diameter of the proposed structures will
reduce the water velocity and cause sediment to accumulate in the blowhole and
eventually fill up over time to match the surrounding stream bed.
The NCDOT proposes to replace the existing structure with a 142" x 91" corrugated metal
pipe arch that is 60 feet long. The NCDOT proposes to temporarily dewater the work zone
during the construction of the project. This will involve the temporary placement of sandbags
in the creek at the upstream and downstream limits of construction. Once the stream has been
dewatered, the pipe will be replaced. Permanent impacts at the site associated with the
replacement of the structure involve a total of 23 feet of surface water fill and 16 feet of
rip rap placed along the streambank to protect the structure. The work zone will be
dewatered for approximately 5 days. Temporary concurrent impacts to the stream from this
activity will result in the dewatering of 39 linear feet of stream. The sandbags will be
removed after construction.
PAYMENT
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone] RECEIVED
,$0 2
Riparian Buffer
Construction at this site involves a road crossing of a stream that is subject`--to "{the: -
Neuse River Riparian Buffer Rules. Fall Branch at Site 1 is depicted on the most-recent
version of the Zebulon (USGS 1968/1981) topographic quadrangle (Figure 1) as well'a§ the
Soil Survey of Wake County (USDA-SCS 1970) (Figure 2). Construction impacts at this 'sife
total 2,329 f10 in Zone 1 and zero fl in Zone 2 (totaling 39 linear feet of riparian buffer
impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT.
Waters of the U.S. Mitigation
Avoidance: All wetlands and 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 wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. 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 23 linear feet of stream associated
with this project will be mitigated (at a 2:1 ratio) by providing 46 linear feet of warm
water strea& restoration equivalent in the Neuse River Basin (Hydrologic Cataloging
Unit 03020201). 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.
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 ESA. As of January 29, 2003, there are four federally protected species
listed . for Wake County. They include bald eagle (Haliaeetus leucocephalus),
red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta
heterdon), and Michaux's sumac (Rhus michauxii). Marshburn Road is not adjacent to
nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle.
The dense stands of mixed hardwood surrounding this roadway do not offer suitable forging
or nesting habitat for red-cockaded woodpecker. Although Fall Branch is perennial, it is
heavily silted and does not provide suitable habitat for mussel fauna. Additionally, the
roadway shoulders along Marshburn Road are heavily maintained, eliminating the possibility
for Michaux's sumac to exist in this area. Therefore, based on lack of suitable habitat
observed during the 03/03/05 site visit, biological conclusions of No Effect have been
rendered for each species.
IF
Summary
The NCDOT proposes to replace the existing structure with larger sized pipe. Permanent
impacts at the site associated with the replacement of the structure involve a total of
23 feet of surface water fill and 16 feet of rip rap placed along the streambank to protect
the structure. The work zone will be dewatered for approximately 5 days. Temporary
concurrent impacts to the stream from this activity will result in the dewatering of 39 linear
feet of stream. The sandbags will be removed after construction. Riparian buffer impacts
at Site 1 associated with this maintenance activity total 2,329 ft2 in Zone 1 and zero ft2 in
Zone 2 (totaling 39 linear feet of riparian buffer impacts). Based on the impacts to the
riparian buffer at this site, this crossing is EXEMPT.
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. 3494 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,
on G. Nance, P.E.
Division Engineer
cc: Nicole Thomson, NCDWQ
Dallie Bagwell, NCDOT
C. K. Woodby, NCDOT
Katie Simmons, NCDOT
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Office Use Only: Fonn Version May 2002
USACE Action ID No. DWQ No.
(it 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 3494 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 *e sy 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
Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNancendot.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:
Pagel of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Proposed replacement of a structure conveying Fall Branch on SR 2329
(Marshburn Road) in Wake County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work
Order Number
1
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Zebulon
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Zebulon, travel west on
Hwy 64 towards Raleigh Take the Wendell Exit (Exit 190) and travel south on Marshburn
Road through Lizard Lick to project site.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 35.8050°N, 78.3748°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): 0.06 acre
7. Nearest body of water (stream/river/sound/ocean/lake): Site 1: Fall Branch
8. River Basin: Neuse
(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/m!qp-/
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 wooded areas and residences.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will replace the existing pipe. 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: The existing structure is undersized and is worn
out and is perched at outlet. Please note that bedrock in the channel may prevent the new
structure from being properly buried.
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.
None that are known for NCDOT activities.
V. Future Project Plans
I
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
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. Provide a written description of the proposed impacts The project proposes to replace the
existing structure. The NCDOT will also dewater the work zone during construction.
Page 3 of 8
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
N/A
* List each impact separately and identify 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 li?://www.fema.,aox.
*** 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: 0.0
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Len
of Impact Average Width Perennial or
Site Number Type of Impact* fee)
(linear near Stream Name** of Stream Intermittent?
(indicate on ma) Before Impact (please secify)

Pipe replacement 23 ft
Rip rap along
1 streambank for 16 ft Fall Branch 6 ft perennial
stabilization only
Temporary 39 ft (concurrent)
Dewatering
• List each impact separately and identity 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, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toeo7one.c01Ti,
www.niapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 39 feet existing channel
impacted (23 ft surface water fill and 16 ft rip rap for armoring new structure) along with
39 feet temporary concurrent impacts from dewatgd
Page 4 of 8
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
Site Number
Type of Impact* Area of
Impact
Name ofWaterbody Type of Waterbody

(lake
pond
estuary
sound

(indicate on map)
(acres
)
( applicable)
(if a ,
,
,
,
bay, ocean, etc.)
N/A
? ? 1Ct a nti, ni.4 .. a.•1_
. y
ra„• a'Nara«? auu juenury temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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 Ju4ification (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 and surface waters not affected by construction will be protected from unnecessary
encroachment during construction Strict enforcement of Best Management Practices for the
protection of wetlands and 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
Page 5 of 8
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
46 ft of,stream restoration by payment in the Ecosystem Enhancement Program
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.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 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 ® 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 6 of 8

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
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
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 2,329 3 N/A
2 0 1.5 N/A
Total I 2,329 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
Page 7 of 8
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 0.014 acre of existing impervious surface and 0.014 acre of proposed impervious
surface (no increase) within the 0.06 acre total project size. 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
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).
4(oos
plicant/Agent's ignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Christina Breen
imap:Hnicole.thomson%40dwq. denr.ncmail. net @ cros.ncmail.net:143/f...
Subject: Re: NCDOT projects in Wake County
From: Christina Breen <[e-mail]>
Date: Wed, 13 Apr 2005 13:50:35 -0400 ,
To: Chris Murray <[e-mail]>
CC: Nicole Thomson <[e-mail]>, [e-mail], "Heather W. Montague"
<hwmontague @dot. state.nc.us>, Dallie Bagwell <[e-mail]>, "Ricky E. Greene"
<rgreene @ dot. state. nc . u s>
The 3 Wake County Pipe replacements SR 2754, SR 2329, SR 1160 as currently proposed will require
written concurrence from our office because they do not meet Condition 10 of NW 3/WQC #3376.
Division of Water Quality requires that pipes of this size be buried one foot below stream bed and the
text of the transmittal letter states "the outlet of the proposed structure will be located inside the limits of
this blowhole, making it impractical to bury the pipe one foot in the stream bed." Unless the project
plans change 7 copies of the PCN will have to be submitted with the appropriate fees. Should you have
any questions please feel free to contact myself at the number below or my supervisor John Hennessy at
733-5694.
Chris Murray wrote:
Christina,
Heather Montague has just let me know that you had called her
concerning some permit applications that were supplied to your
office in the last week. These are pipe replacement projects to
be done in Wake County by the Bridge Maintenance Unit. The issue
had to do with bedrock in the stream. I did the field work for
these pipe replacement projects and wanted to provide you with
some additional information. During the site visits, it was
apparent that surficial bedrock was noted immediately upstream
and downstream of the existing pipes. The existing pipes are
small in size, extensively deteriorated (i.e. rusted out), and
have to be lengthened to comply with our current construction
regulations. The information concerning bedrock was supplied in
the permit applications to make your office aware of the existing
stream conditions. There is never any geotechnical assessment
done in the streambed prior to any of this work. It is simply a
field assessment that is passed on as information in the permit
application. However, this does raise the potential issue
concerning burial of pipes in the streambed. If bedrock or hard
rock is encountered during installation of the pipe, we notify
the agencies (i.e. DWQ, USACE and NCWRC) immediately, as there is
always the issue concerning proper pipe burial in the stream..
The Department can never be truly sure what will be encountered
within the footprint of the pipe project until we dewater the
site and begin excation.
We have previously been advised from DWQ that they do not want us
to blast using dynamite to bury the pipes in the bedrock. We
typically try to chip away at the bedrock with on-site equipment
that allows some burial in the stream bed/bedrock. We then
follow up with the agencies concerning what was encountered
during construction. If you have any additional questions,
please contact me by email or at 560-6851.
Sincerely,
Chris Murray
Division 5 Environmental Supervisor
1 of 2 4/13/2005 3:21 PM
NCDOT projects in Wake County
Subject: NCDOT projects in Wake County
From: Chris Murray <[e-mail]>
Date: Wed, 13 Apr 2005 11:18:11 -0400
To: Nicole Thomson <[e-mail]>, [e-mail]
CC: "Heather W. Montague" <hwmontague @ dot. state.nc.us>, Dallie Bagwell
<dlbagwell @dot. state.nc.us>, "Ricky E. Greene" <rgreene @dot. state.nc.us>
Christina,
Heather Montague has just let me know that you had called her
concerning some permit applications that were supplied to your
office in the last week. These are pipe replacement projects to
be done in Wake County by the Bridge Maintenance Unit. The issue
had to do with bedrock in the stream. I did the field work for
these pipe replacement projects and wanted to provide you with
some additional information. During the site visits, it was
apparent that surficial bedrock was noted immediately upstream
and downstream of the existing pipes. The existing pipes are
small in size, extensively deteriorated (i.e. rusted out), and
have to be lengthened to comply with our current construction
regulations. The information concerning bedrock was supplied in
the permit applications to make your office aware of the existing
stream conditions. There is never any geotechnic?l assessment
done in the streambed prior to any of this work. ?t is simply a
field assessment that is passed on as information in the permit
application. However, this does raise the potential issue
concerning burial of pipes in the streambed. If bedrock or hard
rock is encountered during installation of the pipe, we notify
the agencies (i.e. DWQ, USACE and NCWRC) immediately, as there is
always the issue concerning proper pipe burial in the stream.
The Department can never be truly sure what will be encountered
within the footprint of the pipe project until we dewater the
site and begin excation.
We have previously been advised from DWQ that they do not want us
to blast using dynamite to bury the pipes in the bedrock. We
typically try to chip away at the bedrock with on-site equipment
that allows some burial in the stream bed/bedrock. We then
follow up with the agencies concerning what was encountered
during construction. If you have any additional questions,
please contact me by email or at 560-6851.
Sincerely,
Chris Murray
Division 5 Environmental Supervisor
1 of 1 4/13/2005 11:19 AA

050502
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
April 6, 2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office WBS Element: 513.2092
6508 Falls of the Neuse Road, Suite 120 STAT IO# 9800373
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed maintenance improvements to a structure conveying Fall Branch
on SR 2329 (Marshburn Road) in Wake County.
The North Carolina Department of Transportation (NCDOT) proposes to replace a pipe
conveying Fall Branch on SR 2329 (Marshburn Road) in Wake County (Figures I - 3).
Impacts to Waters of the United States
The project crosses a perennial stream, Fall Branch, [NCDENR-DWQ Index No. 27-57-
9, Best Usage Classification C NSW; HUC 03020201] (Figure 3) in the Neuse River
t
Basin. The existing structure that conveys the creek is a 60-inch corrugated metal pipe
that is 37 feet long. Please note that the existing structure is undersized, worn out, and is
perched at the outlet resulting in a blowhole (see photographs 1 and 2). The outlet of the
proposed structure will be located inside the limits of this blowhole, making is
impractical to bury the pipe one foot in the stream bed. Additionally, there is a noticeable
amount of bedrock within the channel which may also hinder proper pipe burial. NCDOT
hydraulics unit has indicated that the increase in diameter of the proposed structures will
reduce the water velocity and cause sediment to accumulate in the blowhole and
eventually fill up over time to match the surrounding stream bed.
The NCDOT proposes to replace the existing structure with a 142" x 91" corrugated metal
pipe arch that is 60 feet long. The NCDOT proposes to temporarily dewater the work zone
during the construction of the project. This will involve the temporary placement of sandbags
in the creek at the upstream and downstream limits of construction. Once the stream has been
dewatered, the pipe will be replaced. Permanent impacts at the site associated with the
replacement of the structure involve a total of 23 feet of surface water fill and 16 feet of
rip rap placed along the streambank to protect the structure. The work zone will be
dewatered for approximately 5 days. Temporary concurrent impacts to the stream from this
activity will result in the dewatering of 39 linear feet of stream. Tl.k sandbags will be
removed after construction. i
Division 5,.2612 N. Duke Street, Durham, NC 27704
Phone: (919),;k560-6081 Fax: [phone]
` ?2
Riparian Buffer
Construction at this site involves a road crossing of a stream that is subject to the
Neuse River Riparian Buffer Rules. Fall Branch at Site 1 is depicted on the most recent
version of the Zebulon (USGS 1968/1981) topographic quadrangle (Figure 1) as well as the
Soil. Survey of Wake County (USDA-SCS 1970) (Figure 2). Construction impacts at this site
total 2,329 fl in Zone 1 and zero f in Zone 2 (totaling 39 linear feet of riparian buffer
impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT.
Waters of the U.S. Mitigation
Avoidance: All wetlands and 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 wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. 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 23 linear feet of stream associated
with this project will be mitigated (at a 2:1 ratio) by providing 46 linear feet of warm
water stream restoration equivalent in the Neuse River Basin (Hydrologic Cataloging
Unit 03020201). 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 fir verification and accounting purposes.
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 ESA. As of January 29, 2003, there are four federally protected species
listed. for Wake County. They include bald eagle (Haliaeetus leucocephalus),
red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta
heterdon), and Michaux's sumac (Rhus michazcrii). Marshburn Road is not adjacent to
nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle.
The dense stands of mixed hardwood surrounding this roadway do not offer suitable forging
or nesting habitat for red-cockaded woodpecker. Although Fall Branch is perennial, it is
heavily silted and does not provide suitable habitat for mussel fauna. Additionally, the
roadway shoulders along Marshburn Road are heavily maintained, eliminating the possibility
for Michaux's sumac to exist in this area. Therefore, based on lack of suitable habitat
observed during the 03/03/05 site visit, biological conclusions of No Effect have been
rendered for each species.
Summary
The NCDOT proposes to replace the existing structure with larger sized pipe. Permanent
impacts at the site associated with the replacement of the structure involve a total of
23 feet of surface water fill and 16 feet of rip rap placed along the streambank to protect
the structure. The work zone will be dewatered for approximately 5 days. Temporary
concurrent impacts to the stream from this activity will result in the dewatering of 39 linear
feet of stream. The sandbags will be removed after construction. Riparian buffer impacts
at Site 1 associated with this maintenance activity total 2,329 ft2 in Zone 1 and zero ft2 in
Zone 2 (totaling 39 linear feet of riparian buffer impacts). Based on the impacts to the
riparian buffer at this site, this crossing is EXEMPT.
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. 3494 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,
.1?1,O-.. &^0
on G. Nance, P.E.
Division Engineer
cc: Nicole Thomson, NCDWQ
Dallie Bagwell, NCDOT
C. K. Woodby, NCDOT
Katie Simmons, NCDOT
Office Use Only: 050602 Fonn 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
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 3494 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
Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N. Duke St. Durham NC 2770,14
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNance(o-Wot.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
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 structure conveying Fall Branch on SR 2329
(Marshburn Road) in Wake 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):
4. Location
County: Wake Nearest Town: Zebulon
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Zebulon, travel west on
Hwy 64 towards Raleigh. Take the Wendell Exit (Exit 190) and travel south on Marshburn
Road through Lizard Lick to project site.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 35.8050°N, 78.3748°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): 0.06 acre
7. Nearest body of water (stream/river/sound/oc(;an/lake): Site 1: Fall Branch
8. River Basin: N
(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/.)
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 wooded areas and residences.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will replace the existing pipe. 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: The existing structure is undersized and is worn
out and is perched at outlet. Please note that bedrock in the channel may prevent the new
structure from being properly buried.
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.
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.
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.
1. Provide a written description of the proposed impacts The project proposes to replace the
existing structure The NCDOT will also dewater the work zone during construction.
Page 3 of 8
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
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hup:?iwww.fcma.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, eta) 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: 0.0
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Length
Impact Average Width Perennial or
Site Number Type of Impact* r feet)
(linear Stream Name** of Stream Intermittent?
(indicate on ma) Before Impact (please secify)
Pipe replacement 23 ft
Rip rap along
1 streambank for 16 ft Fall Branch 6 ft perennial
stabilization only
Temporary 39 ft (concurrent)
Dewatering
List each impact separately and identity 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.usas.:ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoz_one.com,
www.niapquest.coni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 39 feet existing channel
impacted 23 ft surface water fill and 16 ft rip rap for armoring new structure) along
39 feet temporary concurrent impacts from dewatering.
Page 4 of 8
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 Waterbody Type of Waterbody
Site Number
? Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma
(
p)
(acres)
bay, ocean, etc.)
N/A

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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 wetlands and surface waters not affected by construction will be protected from unnecessary
encroachment during construction. Strict enforcement of Best Management Practices for the
protection of wetlands and 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
Page 5 of 8
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
htip://h2o.enr.state.nc.us/ncwetlands/strmgide.htnil.
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.
46 ft of stream restoration by payment in the Ecosystem Enhancement Program
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 htA?://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 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 ® 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 6 of 8
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
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
Zone* Impact Multiplier Required
I /eminre fPPt) Mitigation
1 2,329 3 N/A
2 0 1.5 N/A
Total I 2,329 I I N/A
* 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.
Page 7 of 8
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 0.014 acre of existing impervious surface and 0.014 acre of proposed impervious
surface (no increase) within the 0.06 acre total project size. 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
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).
05
/Gplicant/Agent's `Aignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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