20070313 Ver 1_Application_20070223

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STATE OF NORTH CAROLINA ;;,~;~.5.~~r
DEPARTMENT OF TRANSPORTATION cy
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 21, 2007
U.S. Anny Corps of Engineers
Raleigh Regulatory Field Office O
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed placement of rip rap along the east stream bank of an unnamed
tributary to Buffalo Creek adjacent to SR 1222 (Mitchiner Road) in
Franklin County.
The North Carolina Department of Transportation (NCDOT) proposes to place rip rap
along the east streambank of an unnamed tributary to Buffalo Creek adjacent to SR 1222
(Mitchner Road) in Franklin County (Figures 1 - 3).
Impacts to Waters of the United States
Recent field inspection of this site review unstable banks on the east side of an unnamed
tributary to Buffalo Creek djacent SR 1222 (Mitchiner Road) (see photograph). No till in
surface water is proposed to the UT to Buffalo Creek [NCDENR-DWQ Index No. 28-22,
Best Usage Classification WS-IV NSW; HUC 03020101] (Figure 3) in the Tar-Pamlico
River Basin. However, the NCDOT proposes to place approximately 105 linear feet of
Class B rip rap along the east streambank of this UT to Buffalo Creek to provide long-
term stability. Permanent stream impacts at the site include 105 linear feet of rip rap
along the east bank of this UT to Buffalo Creek.
Riparian Buffer
Construction at this site involves a road crossing of a stream that is subject to the
Tar-Pamlico River Riparian Buffer Rules. The stream is not depicted on the most recent
version of the Franklinton (USGS 1978) topographic quadrangle (Figure 1) but it does
appear on the Franklin County Soil Survey (USDA, 2004) (Figure 2).
Please note that although this project is within the Tar-Pamlico Ri~~er Basin, the rip rap
armori~ig is to be placed along the stream is between the stream and the roadway [withi~i
the existing transportation facility (ETF)J and therefore no nen~ impacts within the
riparia~~ buffer are proposed.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

ti+
Waters of the U.S. Mitigation
7
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 in wetlands or near surface waters.
Minimization: Strict enforcement of sedimentation and erosion control Best Management
Practices for the protection of wetlands and surface waters will be enforced during
project construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to these sites.
Compensatory Miti atg ion: Compensatory mitigation requirements is not required for this
project.
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 February 2007, there are three federally protected species
listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon),
Tar spinymussel (Elliptio steinstansana), and 1Nlichaux's sumac (Rhos micliauxii). The
roadway shoulders along Mitchiner Road are heavily maintained, eliminating the
possibility for Michaux's sumac to exist in this area. This intermittent stream is small and
does not provide suitable habitat for mussel fauna. Additionally, a review of the Natural
Heritage Program database (last updated Fall 2006) revealed no occurrences of protected
species within the project area. Therefore, based on lack of suitable habitat observed
during the 0219/07 site visit and the NHP database review, biological conclusions of No
Effect have been rendered for each species.
Summary
Permanent stream impacts at the site include 105 linear feet of rip rap along the east bank
of this UT to Buffalo Creek. No fill in surface water is proposed. Additionally no
riparian buffer impacts are proposed at this placement of rip rap is within the existing
transportation facility.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 13 and NCDENR-DWQ Section 401 Water Quality Certification (WQC)
No. 3495 for the above-described activity. Apre-construction notification is attached
with this request. 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: Rob Ridings, NCDENR-DWQ Jonathan Tyndall, NCDOT
Steve Winstead, NCDOT Donald Pearson, NCDOT

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edge of pavement.

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Offlce LJse Only: Form Version March O5
USACE Action ID No. DWQ No. 2 ~ ~ 7 ~ 3 ~ 3
(tt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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 ^ Express 401 Water Quality Certification
Nationwide, Regional or General Permit Number(s) Requested: NWP 13
2. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
3. 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: ^
4. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5 J.W. Bowman
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-email Address: wbowman(cD,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:
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,
Page 1 of 8

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 snaps 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 forn~at;
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 leas been placed on hold until decipherable maps are provided.
1. Name of project: Proposed placement of rip rap along the east bank of an UT to Buffalo
Creek (within the existin transportation facility) adjacent SR 1222 Mitchiner Road in
Franklin County_
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: Franklin Nearest Town: Franklinton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From NC 56 in
Franklinton, take SR 1222 Mitchiner Road north approximately 1.4 miles to project site.
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): 36.1087 "N 78.3926 "W
6. Property size (acres): 0.04 acre
Name of nearest receiving body of water: UT to Buffalo Creek
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 land and agriculture land.
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will place Class B rip rap alongLthe east bank of this UT to Buffalo Creek (within
the existing transportation facility) Equipment may include excavator backhoe bulldozer
urader. and crane.
Page 2 of 8

1 1. Explain the purpose of the proposed work: Provide long-term bank stability
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 Ptans
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 systetms.
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 itmpacts: The NCDOT will place
Class B rip rap along the east bank of this UT to Buffalo Creek (within the existing
transportation facility).
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 Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/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
Page 3 of 8

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 Average Stream Impact Area of
Number Stream Name Type of Impact or Width Before Length Impact
(indicate on map) Intermittent Impact (linear feet) (acres)
Site 1 Ut to
Buffalo Crk Rip rap stabilization Intermittent 2 ft 105 0.001
Total Stream Impact (by length and acreage) 105 0.001
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
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (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 project:
Stream Impact (acres): 0.001
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.001
Total Stream Impact (linear feet): 105
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
Page 4 of 8

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
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
watering, irrigation, aesthetic, trout pond,
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.
V[II. 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.
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
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 USAGE 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:i/h2o.enr.state.nc.us/ncwetlands/stnn~ide.html.
Page 5 of 8

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.
Compensator~miti~ation is not required for this ~roiect.
IX.
X.
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
(9l9) 715-0476 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:/r'h?o.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 of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Environmental Documentation (required by DWQ)
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 aNEPA/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 ^
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Regional Office inay be included as appropriate. Photographs may also be included at the
applicant's discretion.
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 6 of 8

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 tnultipliers.
Zone* Impact
(s uare feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba) None
2 N/A 1.5 None
Total N/A None
* 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 (.
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
stonnwater 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. No additional impervious surface is proposed at
the project.
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 pro,~ect 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
Page 7 of 8

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://h?o.enr.state.nc.us%ncwetlands. If no, please provide a short narrative description:
The project involves placement of riper along the east bank of this UT to Buffalo Creek (within
the existing transportation facility). No additional roadway improvements will be associated
with this project. No additional development will result from this action
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).
~ ~~n~~~.lh~.~t o 2- Z~ - a7
~I"` ~ Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8