20051438 Ver 1_Complete File_20050810

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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
August 10, 2005
Warren and Franklin Counties
DWQ Project No. 051438
APPROVAL of 401 Water Quality Certification and TAR-PAMLICO 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 stream impacts for the
purpose of 5 pipe replacements and/or extensions under NC 58 in Warren and Franklin Counties.
Impact Locations Stream Impacts -
Permanent Fill
(Linear Feet) Stream Impacts -
Temporary
Dewatering
(Linear Feet) Riparian Buffer Impacts (Square Feet)
Site 14 - Warren 18 18 568 (568 Zone 1 + 0 Zone 2)
Site 19 - Warren 20 20 625 (625 Zone 1 + 0 Zone 2)
Site 22 - Warren 12 12 391 (391 Zone 1 + 0 Zone 2)
Site 1- Franklin 9 14 434 (434 Zone 1 + 0 Zone 2)
Site 16 10 10 310 (310Zone 1 + 0 Zone 2)
The project shall be constructed in accordance with your application dated received August 2, 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 3404 and 3366. This certification corresponds to the
Nationwide Permit 14 and Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for
the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). 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.
None hCarolina
Transportation Permitting Unit aturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
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2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) 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.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) 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.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) 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.
10.) 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.
11.) Pursuant to NCACI5A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
12.) 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.
13.) 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.
14.) If the above condition (#13) is unable to be met, due to bedrock or other-limiting features encountered during
construction, please contact the NCDWQ for guidance on how to proceed and to determine whether or not a
permit modification will be required.
15.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
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16.) 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.
17.) All work shall be performed during low or normal flow conditions.
18.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
19.) 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.
20.) For all of the sites being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with native vegetation.
21.) 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
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.
22.) All channel relocations will be constructed in a dry work area, and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized prior to diverting water into the new channel. Whenever
possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for
bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-
rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant-must
provide written justification and any calculations used to determine the extent of rip-rap coverage requested.
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].
ce ely,
Alan 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\20050therProjects\DWQ051438\081005wgc.doc
N. C. DEPARTMENT OF TRANSPORTATION

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
August 1, 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
051438
Subject: Jurisdictional impacts associated with the NC Moving Ahead Program:
proposed improvements to NC Hwy 58 in Warren and Franklin Counties.
WBS Element 37653.
As part of the NC Moving Ahead Program, the North Carolina Department of
Transportation (NCDOT) proposes improvements to NC Hwy 58. This will involve
upgrading cross lines, widening travel lanes, and resurfacing the roadway. This project
begins at the junction with US 158B in Warren County continuing south through
Franklin County and ending at the Franklin/Nash County line.
The existing roadway has 9 ft travel lanes and no paved shoulders. The upgrade proposal
is to provide 10 ft travel lanes with 1 ft paved shoulders. Please note: this activity will be
performed within the existing right-of-way. There will be only minimal changes to the
current fill slopes or to the ditch lines as necessary to upgrade existing cross lines.
There are five sites along this project that will have jurisdictional impacts associated with
upgrading cross lines. Impacts at these sites include surface water fill, stream loss due to
a small segment of relocated channel, rip rap for structure protection, and temporary
dewatering. Additionally impacts to the Tar-Pamlico River basin protected buffers are
proposed. Details regarding all impacts are presented below. [List of Appendices and
their contents: Appendix One - PCN form, Appendix Two-Figures 1-9 (Vicinity Map,
Topo Map, Soil Survey, and Construction Plans), Appendix Three-Photographs 1-8,
Appendix Four-USFWS concurrence letter, and Appendix Five-SHPO concurrence and
commitments].
Division 5, 2612 N. Duke Street, Durham, NC 27704
6081 Fax: [phone]
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Impacts to Waters of the United States
Jurisdictional impacts from five pipe replacements will result from the proposed activity.
Sites: 1.4, 17, 22, and 1 will require temporary dewatering for approximately 3 days each.
Dewatering will be accomplished by using either sand bags or sheet piling in the streams
at the upstream and downstream construction limits. To maintain water flow during
construction, water upstream of the impervious structures will be temporarily pumped
around and conveyed downstream of the impervious ,structures. All materials used for
dewatering will be removed after construction.
Warren Site 14
Long Branch (Intermittent UT)
NCDENR-DWQ Index No. 28-79-16
Best Usage Classification C NSW
HUC 03020102
Existing structure: 24-inch terracotta pipe (tcp) that is 36 feet long
Proposed structure: 30-inch reinforced concrete pipe (rcp) that is 44 feet long
Proposed discharge of fill material: 18 linear feet of stream (8 ft permanent fill and 10 ft
rip rap bank stabilization) [Figure 5 and Photographs 1-2]. Temporary concurrent impacts
to the stream from this activity will result in the dewatering 18 linear feet of stream. The
8 ft of permanent fill will require mitigation.
Warren. Site 17
Long Branch (Intermittent UT)
NCDENR-DWQ Index No. 28-79-16
Best Usage Classification C NSW
HUC 03020102
Existing structure: 24-inch tcp that is 34 feet long
Proposed structure: 42-inch rcp that is 44 feet long
Proposed discharge of fill material: 20 linear feet of stream (10 ft permanent fill and 10 ft
rip rap bank stabilization) [Figure 6 and Photographs 3-4]. Temporary concurrent impacts
to the stream from this activity will result in the dewatering 20 linear feet of stream. The
10 ft of permanent fill will require mitigation.
3
H'arren Site 22
Maple Branch (Perennial)
NCDENR-DWQ Index No. 28-79-20.5
Best Usage Classification C NSW
HUC 03020102
Existing structure: 18-inch tcp that is 42 feet long
Proposed structure: 18-inch rcp that is 44 feet long

Proposed discharge of fill material: 12 linear feet of stream (2 ft permanent fill and 10 ft
rip rap bank stabilization) [Figure 7 and Photographs 5-6]. Temporary concurrent impacts
to the stream from this activity will result in the dewatering 12 linear feet of stream. The
2 ft of permanent fill will require mitigation.
Franklin Site I
Sandy Creek (Intermittent UT)
NCDENR-DWQ Index No. 28-78-1-(14)
Best Usage Classification C NSW
HUC 03020101
Existing structure: 18-inch rcp that is 39 feet long
Proposed structure: 30-inch rcp that is 44 feet long
Due to the alignment of the stream and the placement of the new pipe, a small segment of
the stream must be relocated resulting in total of 8 ft of stream loss [Figure 8 and
Photograph 7]. Proposed discharge of fill material associated with this pipe extension,
stream relocation, and minimal amounts of rip rap to protect the structure include
14 linear feet existing channel impacted. This includes 8 ft stream loss on inlet end (4 ft
longer pipe and 4 ft additional loss) and 5 ft rip rap at inlet (4 ft of this rip rap overlaps
stream loss). Additionally, 5 ft of rip rap will be used on the outlet end for stabilization.
Temporary concurrent impacts to the stream from this activity will result in the
dewatering 14 linear feet of stream. The 8 ft of stream loss will require mitigation.
Franklin Site 13
Sandy Creek (Intermittent UT)
NCDENR-DWQ Index No. 28-78-1-(14)
Best Usage Classification C NSW
HUC 03020101
The cross line at this location carries only storm water and not a jurisdictional stream
[Figure 9 and Photograph 8]. Therefore, dewatering will not be necessary at this pipe
replacement site and no fill in surface water is proposed. Please note that there is a
jurisdictional stream (UT to Sandy Creek) which runs parallel to the roadway near this
site. Once the dry line crossing is replaced, rip rap will be placed at the outlet to protect
the structure. This rip rap will fall along the western bank of the parallel stream but will
total no more than (310 sf, 10 linear feet). This structure protection of 10 if within
protected riparian buffers will NOT require mitigation.
Riparian Buffer Impacts
Please note that the proposed roadway widening and resurfacing activity will be
performed within the existing right-of-way. There will be only minimal changes to the
current fill slopes or to the ditch lines. Proposed impacts to protected riparian buffers are
associated with only the minimal space needed for equipment to operate in performing
the pipe upgrade work. Each permit site involves a stream that is subject to the Tar-
Pamlico Riparian Buffer Rule. Based on the impacts to the riparian buffers at each site,
these crossings are EXEMPT.
Warren Site 14
Impacts total: 568 s.f in Zone 1 and 0 s.f. in Zone 2 (totaling 18 linear ft).
Warren Site 17
Impacts total: 625 s.f in Zone 1 and 0 s.f in Zone 2 (totaling 20 linear ft).
Warren Site 22
Impacts total: 391 s.f. in Zone 1 and 0 s.f. in Zone 2 (totaling 12 linear ft).
Franklin Site 1
Impacts total: 434 s.f. in Zone 1 and 0 s.f in Zone 2 (totaling 14 linear ft).
Franklin Site 13
Impacts total: 310 s.f in Zone 1 and 0 s. f. in Zone 2 (totaling 10 liner ft).
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 or near surface waters.
Minimization: Strict enforcement of sedimentation and erosion control Best Management
Practices for the protection of 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 Miti ag tion: Unavoidable impacts to 28 lft of stream associated with this
project will be mitigated (at a 2:1 ratio) by providing 56 lft of stream restoration
equivalent warm water stream channel in the Tar-Pamlico River Basin (Hydrologic
Cataloging Units 03020101 and 03020102). 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.
5
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 three federally protected species
listed for Franklin County and two federally protected species listed for Warren County.
They include dwarf wedgemussel (Alasmidonta heterodon), Tar spinymussel (Elliptio
steinstansana), and Michaux's sumac (Rhus michauxii). The grassed shoulders of NC
Hwy 58 are highly maintained and support no habitat for Michaux's sumac. Therefore, a
Biological Conclusion of "No Effect" has been rendered for Michaux's sumac based on
lack of suitable habitat. Mussel surveys were conducted by Alderman Services, Inc. on
07/27/04. No protected specimens were observed and no habitat was determined to exist
at the five permit sites. However, these smaller streams do flow directly to occupied
listed species habitat. Therefore we need to conserve this habitat. If HQW water quality
protection measures are implemented throughout all phases of project development
within the watershed, then this activity is given a biological determination of "May
Affect, Not Likely to Adversely Effect" the dwarf wedgemussel or the Tar spinymussel.
In a letter dated 03/28/05 the US Fish and Wildlife Service concurred with this biological
conclusion (see Appendix Four for USFWS concurrence letter).
Historical Compliance
This project has been screened by all pertinent parties to ensure historic compliance. In a
letter dated 07/19/05, the NC-Historic Preservation Office concurred that the project will not
have an adverse effect upon the following National Register properties as long as certain
commitments are excuted: Buxton Place, Cherry Hill, the Solomon and Kate Williams
House, the Liberia Rosenwald School, and the Warren County Fire Tower (see Appendix
Five for SHPO concurrence and committments).
Summary
As part of the NC Moving Ahead Program, the North Carolina Department of
Transportation (NCDOT) proposes improvements to NC Hwy 58. This will involve
upgrading cross lines, widening travel lanes, and resurfacing the roadway. This project
begins at the junction with US 158B in Warren County continuing south through
Franklin County and ending at the Franklin/Nash County line. There are five sites along
this project that will have jurisdictional impacts associated with upgrading cross lines.
Impacts at these sites include surface water fill, stream loss due to a small segment of
relocated channel, rip rap for structure protection, and temporary dewatering.
Additionally impacts to the Tar Pamlico River basin protected buffers are proposed.
• 28 linear feet of permanent stream fill impacts
• 50 linear feet of rip rap bank stabilization
• 64 linear feet of temporary dewatering impacts
• 2,328 s.f. of protected riparian buffer in Zone 1
• 0 s.f. of protected riparian buffer in Zone 2
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 14 and NWP 33 for above-described activities at each site and for
NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC
No. 3366. Application is also made for a Tar Pamlico Buffer Certification. An automated
payment procedure has been implemented between the NCDOT and NCDWQ. This
procedure will enable the Division to apply for the 401 WQC without submitting a check for
this permit application. This procedure will provide payment to the NCDWQ by charging the
permit application fee of $200.00 directly to the appropriate NCDOT WBS element 37653.
A pre-construction notification form is attached with this request (see Appendix One). If
you have any questions or need additional information, please contact Ms. Heather
Montague at [phone].
Sinc re
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n`G. Nance, .E.
//'
Division Engineer
cc: Ms. Nicole Thomson, NCDWQ
Mr. Steve Winstead, NCDOT
Mr. Jonathan Tyndall, NCDOT
Mr. Clarence Thompson, NCDOT
Ms. Katie Simmons, NCDOT
Appendix One
(Pre-construction Notification Form)
Office Use Only: Form Version March 05
2005 1 438
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: [e-mail]
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:
E-mail Address:
Fax Number:
Page 1 of 10
III. Project Information
Attach a cfiiy a (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: NC Moving Ahead Program: improvements to NC Hwy 58 in Warren and
Franklin Counties (upgrading crosslines widening travel lanes and resurfacing roadway).
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Warren & Frankline Nearest Town: Warrenton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):From Warrenton, take NC
Hwy 58 south Project begins at the junction with BUS 158. Project extends south for 23.86
miles through Warren Co and then Franklin Co ending at the Franklin/Nash Co. Line.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): Warren Site 14: 36.2969°N 78.0959°W
Warren Site 17: 36.2886°N 78.0994°W
Warren Site 22: 36.2707°N 78.0912°W
Franklin Site 1: 3 6.1845°N 78.1056°W
Franklin Sitel3: 36.1610°N 78.1027°W
6. Property size (acres): Five 0.04 ac permit sites along 23 86 mile roadwayup r? ade project
7. Name of nearest receiving body of water: Warren Sitel4: UT to Long Branch
Warren Site 17: UT to Long Branch
Warren Site 22: Maple Branch
Franklin Site 1: UT to Sandy Creek
Franklin Site13:UT to Sandy Creek
Page 2of10
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.ne.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: Sites are surrounded by wooded areas and agricultural land.
10. Describe the overall project in detail, including the type of equipment to be used: Upgrade
pipes widen travel lanes and resurface roadway along NC Hwy 58 from Warrenton south
through Warren Co and then through Franklin Co ending at the Franklin/Nash Co. Line.
The NCDOT will also dewater the permit site work zones during pipe upgrade activities.
Equipment may include excavator, backhoe bulldozer, grader, and crane.
11. Explain the purpose of the proposed work: This project is part of the NC Moving Ahead
program to modernize and maintain NC Hwy 58 by upgrading pipes widening travel lanes,
and resurfacing the roadway.
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. N/A
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 3 of 10
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: See cover letter for a thorough
description of the proposed impacts at each site. The NCDOT will also dewater the permit
work zones during construction at each site.
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet
N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 10
Stream Impact
Perennial or Average
Stream Width
Impact Length Area of
Number Stream Name Type of Impact Intermittent? Before (linear feet) Impact
(indicate on map)
Impact (acres)
Fill (piped length) 8 0.00018
Warren
UT to Long Branch Rip rap armoring
Intermittent I ft
10
0.00115
Site 14 along stream bank
Temporary 18 0.00041
dewatering
Fill (piped length) 10 0.00023
Warren UT to Long Branch Rip rap armoring Intermittent 1 ft 10 0.00115
Site 17 along stream bank
Temporary 20 0.00050
dewatering
Fill (piped length) 2 0.00005
Warren Maple Branch Rip rap armoring Perennial I ft 10 0.00115
Site 22 along stream bank
Temporary 12 0.00028
dewatering
Fill (piped length) 4 0.00001
Stream loss Intermittent 1 ft 4 0.00001
Franklin UT to (relocation)
Site 1 Sandy Creek
Rip rap armoring 5

along stream bank (4ft overlaps 0.00057
with stream loss)
Temporary 14 0.00032
dewatering
Fill (piped length) NONE NONE
Franklin UT to Sandy Creek Rip rap armoring Intermittent 1 ft 10 0.00115
Site 13 along stream bank
Temporary 10 0.00023
dewatering
Total Stream Impact (by length and acreage) 74 0.00739
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation, drediziniz, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

N/A

Total Open Water Impact (acres) N/A
Page 5 of 10
6. List the cumulative impact to all Waters of the U.S. resultina from the nmiect-
Stream Impact (acres): 0.00739
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.00739
Total Stream Impact (linear feet): 74
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
N/A
8. 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
Current land use in the vicinity of the pond: 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 unnecessarv 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
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.
Page 6 of 10
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 water$ 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 NCEEP 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/stn-ngide.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.
Unavoidable impacts to 28 linear feet of stream associated with this project will be mitigate
at a 2:1 ratio) by providing 56 linear feet of warm water stream restoration equivalent in the
Tar-Pamlico River Basin (Hydrologic Cataloging Units 03020101 and 03020102) 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
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at htip://h2o.enr.state.nc.us/wrp/index.htin. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 56 ft
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
Page 7 of 10
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. 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
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", 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.
Warren Site 14
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 568 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 568 N/A
. Gone I extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Warren Site 17
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 625 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 625 N/A
Page 8 of 10
t
Warren Site 22
Zone* Impact
(s uare feet) Multiplier Required
Mitigation
1 391 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 391 N/A
Franklin Site i
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 434 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 434 N/A
Franklin Site 13
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 310 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 310 N/A
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Existing: At each crossing the existing impervious surface area is 0.014 ac (19 ft wide paved
road) The total project area at each permit site is 0.04 ac. Proposed: The paved highway will
be widened from 19 ft to 22 ft This 3 foot increase totals 0.017 ac of increase impervious
surface at each permit crossing The erosion control plan for this project will include the
installation of silt fences along the project at all the non permit jurisdictional crossings to avoid
sediment loss The temporary structures will be removed once the vegetation has been
established and then seeded with a seed mixture of fescue and bahia grass.
Page 9 of 10
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.
This 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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description:
This project will not result in additional development
XV. 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).
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Appendix Two
(Figures 1-9)
Vicinity and Topo Map, Soil Survey, Construction Plans
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Appendix Three
(Photographs 1 - 8)
Photograph 1. Inlet, Warren Site 14.
Photograph 2. Outlet, Warren Site 14.
Photograph 3. Inlet, Warren Site 17.
Photograph 4. Outlet, Warren Site 17.
Photograph 5. Inlet, Warren Site 22.
Photograph 6. Outlet, Warren Site 22.
Photograph 7. Inlet, Franklin Site 1.
Photograph 8. Outlet of non-jurisdictional crossing, Franklin Site 13.
Appendix Four
(USFWS concurrence letter)
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636.3726
March 28, 2005
Heather Montague
North Carolina Department of Transportation
Division 5
2612 N. Duke Street
Durham, North Carolina 27704
Dear Ms. Montague:
This letter is in response to your letter of March 18, 2005 which provided the U.S. Fish and Wildlife Service
(Service) with the biological determination of the North Carolina Department of Transportation that the
proposed replacement of four pipe culverts associated with a NC Moving Ahead project on NC 58 in Franklin
and Warren Counties may affect, but is not likely to adversely affect the federally endangered dwarf
wedgemussel (Alasmidonta heterodon) and Tar spinymussel (Elliptio steinstansana). These comments are
provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531-1543).
The four pipe replacements will occur at the following locations along NC 58:
• Unnamed tributary to Sandy Creek in Franklin County
• Headwaters to Maple Branch in Warren County
• Headwaters to Long Branch in Warren County
• Unnamed tributary to Long Branch in Warren County
According to information provided, all four pipe replacements will occur on very small streams with little or
no flow. No habitat for mussels is present at each of the project sites, though each stream eventually flows into
areas occupied by federally listed mussels. Due to the significant distance of the project sites from suitable
habitat and the small size of the streams, the Service concurs with your determination that the proposed project
may affect, but is not likely to adversely affect the dwarf wedgemussel and Tar spinymussel. We believe that
the requirements of section 7(a)(2) of the ESA have been satisfied for these species. We remind you that
obligations under suction '17 consultation must be reconsidered if. (1) new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not previously considered in this
review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a
new species is listed or critical habitat determined that may be affected by this identified action.
The Service appreciates the opportunity to review this project. If you have any questions regarding our
response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
linely,
Pete Benjamin
Ecological Services Supervisor
cc: Eric Alsmeyer, USAGE, Raleigh, NC
Nicole Thomson, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
Appendix Five
(SHPO concurrence and committments)
Y??Y R ?Y
dMM
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor
Usbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
July 19, 2005
MEMORANDUM
Office of Archives and History
Division of Historical Resources
David Brook, Director
TO: Gregory Thorpe, Ph.D., Director
Project Development and Environmental Analysis Branch
NCDOT Division of Highways
FROM: Peter Sandbeck P+-'
0
SUBJECT: NC Moving Ahead! NC Hwy 58 from Nash-Franklin County Line to US 158, Business
Junction in Warrenton, Warren County, ER 05-1082
Thank you for your Memorandum of May 12, 2005, from Division 5 concerning the above project.
We have reviewed the information provided in the memo concerning historic properties within the Area of
Potential Effects. We concur that the project will not have an Adverse Effect upon Buxton Place, Cherry
Hill, the Solomon and Kate Williams House, the Liberia Rosenwald School, Fire Tower, and the Little
Shocco Creek Bridges, as long as the following commitments are executed:
1) When grading the shoulders (one foot on each side) great care will be taken to protect the condition
of the road frontage of all listed properties, but especially to protect the cedar trees within the Buxton
property boundaries.
2) To protect mature tree roots, NCDOT will make square cuts at any ditches, no more than six inches
wide within the Buxton property boundaries.
3) During the project, orange plastic fencing will be employed to protect trees within the Buxton
property boundaries.
4) Although no impacts to mature trees are proposed with this project, NCDOT Historic Architecture
and the State Historic Preservation Office will be notified in advance of any trees taken within the
Buxton property boundaries.
5) Replacement of the cross lines will not affect the historic integrity of any listed property.
6) At Buxton Place, Cherry Hill, the Solomon and Kate Williams House, the Liberia Rosenwald School,
and the Fire Tower, no road improvements will extend beyond the roadway's existing ditch lines.
During construction, no heavy trucks or equipment will be parked on the listed property, but will use
primary and secondary roads.
7) No impacts to the Little Shocco Creek bridges or their bridge plaques are proposed with this project.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Matt Service Center, Raleigh NC 27699-4617 [phone]/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/715-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Matt Service Center, Raleigh NC 27699-4617 [phone]/715-4801
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
cc: Mary Pope Furr
Heather Montague, Division 5
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DWQ Project No.: 0 5 14 3 8
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
Applicant: N ' - Ti v 5
PoledName: A/C/vl
Date of Issuance of 401 Water Quality Certification:
Comity: WIMA - Fran k Is n
08 /i%,f
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the401/Wetlands Unit, North
Carolina Division of Water Quality, 162I .Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized ageor, or the project engineer. It is not necessary to
send certificates fmm all of these.
Applicant' Ccr4ftcatiou
1. t W..8owra o" , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date sA167
Agent's Certification
1. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built withitt substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
EngWeer's Certification
Partial: Final
L , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Fcrmittcc hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
a? ?o
Trensponatlon Perrnlit1w Unit
1664 Mell Service Canter, Raleigh, North Caroline 27659-1650
2321 Crebtree BouUiverd. Suite 250, R91Ryh, North Carolina 27604
Phone: [phone] /FAX [phone]M/ Internet htto://h2o.enr.state.ne.us/ncwetiands