20080542 Ver 1_Application_20080326

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STATE OF NORTH CAROLINA ~o.,~'U~~erl-
DEPARTMENT OF TRANSPORTATION ~ti
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 18, 2008
N.C. Division of Water Quality
Transportation Permitting Unit O ~ O
2321 Crabtree Blvd./Suite 250
Raleigh, NC 27604-2260
Attention: Mr. Rob Riding, NCDOT Project Coordinator
Subject: Secondary road improvements to SR 1308 (Drake Ellis Road) from
SR 1304 to SR 1306 in Warren County. WBS element SC.093044.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade and
pave SR 1308 (Drake Ellis Road) from SR 1304 to SR 1306 in Warren County (Figure 1-
2). Total project length is 2.2 miles. Transportation and highway laws of North Carolina
(G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to
develop annual work programs for construction and maintenance of secondary roads.
These general statutes specifically set forth requirements for annual construction and
paving of existing unpaved roads. Paving of these roads is performed in priority order as
established by the NCDOT for each unpaved road within a given county. This number is
based on characteristics of each road, including number of homes, schools, churches,
businesses, industries, recreational facilities, traffic counts, presence of school bus routes,
and value as a thoroughfare. SR 1308 is scheduled to be paved as part of the Secondary
Roads Construction Program.
Impacts to Waters of the United States
The project crosses a perennial stream, UT to Sixpound Creek, [NCDENR-DWQ Index No.
23-13, Best Usage Classification C; HUC 03010106] in the Roanoke River Basin. The
existing structure conveying the creek is 36 feet long (see Photographs 1 and 2). This
pipe will be replaced with a pipe that is 60 feet long. Permanent impacts at the site
associated with the pipe replacement total 24ft of surface water fill, plus a total of 20 feet
of rip rap is proposed along the stream banks. The work zone at this site will be
temporarily dewatered for approximately 3 days. As necessary, to maintain water Clow
during construction, water upstream of the sandbags will be temporarily pumped out by a
hose and conveyed downstream of the construction activity where it will be allowed to
filter through vegetation before flowing into the stream. The, effluent from the work area
will be pum ed into a prefabricated silt bag alloyving water to slowly filter out of the bag
in a dispersed matter and the sediment to be captured in the bag. Once the stream has been
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

dewatered, the pipe will b~ replaced. Temporary concurrent impacts to the stream from this
activity will result in .siewatering 44linear feet of stream. The materials used for
dewatering will be removed after construction.
Riparian Buffer
The project is located in the Roanoke River Basin. Therefore, construction will be
completed without impacts to protected riparian buffers.
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.
Com ensatorv Miti atg ion: Due to the minimal impacts proposed, no mitigation
requirements are anticipated. Therefore, NCDOT proposes no compensatory mitigation.
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 March 2008, there are two federally protected species listed
for Warren County. They include dwarf wedgemussel (Alasmidonta hcterodon) and the
Tar spinymussel (Elliptio stcinstansana). The intermittent stream at this project site is
small and within the headwaters of it's system and does not provide suitable habitat for
mussel fauna. Please note that the bald eagle (Haliaeetus lec~cocephalus) was delisted as of
August 20, 2007 and is no longer protected by the Endangered Species Act. It is however,
protected under the Bald and Golden Eagle Protection Act. This project will have no effect
on the bald eagle since no habitat is present in the project area. Additionally, a review of the
Natural Heritage Program database (last updated February 2008) revealed no occurrences
of protected species within the project area. Therefore, based on lack of suitable habitat
observed during the 02/12/08 site visit and the NHP database review, biological
conclusions of No Effect have been rendered for each species.
Historical Compliance
This project has been screened by all pertinent parties to ensure historic compliance. A no
comment-no historic properties clearance was received from Renee Gledhill-Earley with
the NCSHPO, dated 03/25/04.

3
Summary
Application is hereby made for a NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3627 and riparian buffer authorization for above-described
activities. 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 SC.093044. Apre-construction notification is attached with this
request.
Per General Condition 27 [Notification provision], the USAGE is not copied on this
permit request. The proposed activities meet the conditions of the Department of the
Army Section 404 Nationwide Permit (NWP) 14 and the proposed impacts do not exceed
the 1/10 acre of loss of Waters of the United States. Additionally this project does not
involve impacts to a special aquatic site. Therefore we intend to comply with all
applicable NWP conditions during construction of this project, working under NWP 14
with no notification required to the USAGE.
If you have any questions or need additional information, please contact Ms. Heather
Montague at [phone].
Sincerely,
J.W. Bowman, P.E.
Division Engineer
cc: Mr. Steve Winstead, NCDOT District 3 Engineer
Mr. Dannie Sledge, NCDOT District 3 Construction Crew
Mr. Tim Robbins, NCDOT Roadside Environmental Field Ops Technician

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Photograph 1. View of Site 1 above pipe inlet, looking West.
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Photograph 2. View of Site 1 below pipe outlet, looking East.
SR 1308 (Drake Ellis) -Warren County

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® Flll In Surface Waters
-ETF Existing Transporation Facility
Placement of impervious dike I
for dewatering V'
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roadway width roadway width
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for dewatering

SITE I - Construction Plan
SR 1308 Drake Eliis Road
Warren County
Figure 2
" = 3 0''
03/17/08
Placement of impervious dike

Office Use Only: ~ Fonn Version March o5
USACE Action ID No. DWQ No. 2 ~ ~ ~ ®5 ~. 2
~u any pamcutar item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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 Certif cation
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 (non-reporting)
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: ^
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, J.W. Bowman
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: wbowman(a,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8

III. Project Information
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
USAGE 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 conve~g an unnamed tributary to
Sixpound Creek on SR 1308 (Drake Ellis Road) in Warren County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS Element SC.093044
3. Property Identification Number (Tax PIN):
4. Location
County: Warren Nearest Town: Warrenton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From the NE side of Warrenton,
take Bus 158 north out of town towards Macon for approximately 3.3 miles. Make a left onto
SR 1309 and travel north for approximately 4.7 miles. Make a right onto SR 1308 (Drake
Ellis Road).
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): 36.4903 °N 78.0888 °~'V
6. Property size (acres): 16 acre (2.2 mile long project, with 60ft right-of--way}
7. Name of nearest receiving body of water: UT to Sixpound Creek
8. River Basin: Roanoke
(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 agricultural and wooded land.
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 with a new pipe 24 feet longer pipe and add rip rap
armoring at both ends 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 only 36 ft long and
does not allow for adequate shoulder widths
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.
N/A
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.
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.
I . Provide a written description of the proposed impacts: The NCDOT will replace the
existing pipe with a new pipe 24 feet loner pipe and add rip rap armoring at both ends The
NCDOT will also dewater the work zone during construction
Page 3 of 8

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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A 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.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Len th
g Im act
P
indicate on ma
( )
Before Impact
(linear feet) )
(acres
Site 1 UT Sixpound Crk Fill (piped length) Perennial 3.0 24 0.0016
Rip rap armoring

Along stream bank 20 0.0014
Temporary

dewatering 44conc 0.003
Total Stream Impact (by length and acreage) 44 0.003
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, dred~in~, flooding. drainage. bulkheads_ etc_
Open Water Impact
Site Number

(indicate on map)
Name of Waterbody
(if applicable)
T e of Im act
~ P Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.003
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.003
Total Stream Impact (linear- feet): 44
Page 4 of 8

7. Isolated Waters
VII.
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
Impact Justification (Avoidance and Minimization)
Expected pond surface area:. N/A
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.
VIII. Mitigation
DWQ - In accordance with 15A NCAC ZH .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.
USAGE - 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
Page 5 of 8

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 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/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.
Due to the minimal impacts associated with this project, no mitigation requirements are
anticipated. Therefore, no mitigation is proposed.
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 http://h2o.enr.state.nc.us/wrp/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 (IvTEPA/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
Page 6 of 8

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
(Neuse), 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.
Site 1
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1. S N/A
Total N/A N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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: 4.3 acre impervious surface (avg 16 foot wide gavel road) of 16 acre
total_proiect size. Proposed: S.3 acre impervious surface (proposed 20 foot wide asphalt Waved roadl of 16
acre total proiect size. The erosion control plan _for this project is designed for 3600 cubic feet of storage
per acre. Erosion and sediment control devices along the project are comprised of temporary silt basins
temporary rock silt checks, rock pipe inlet sediment traps and temporary silt fences.
Page 7 of 8

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/ncwetlands. If no, please provide a short narrative description:
_This secondary road 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).
`ll~. C~~_ ~ nn. 03) Ill o~
~01~ Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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