HomeMy WebLinkAbout20021285 Ver 1_Complete File_20020813imap://nicole.thomson%40dwq.denr.ncmail.net@ cros.ncmail.net:143/f...
Subject: SR 2552 (Battle Bridge Rd.), Wake Co.
From: Chris Murray <cmurray @dot. state.nc.us>
Date: Mon, 27 Sep 2004 09:25:30 -0400
To: "Alsmeyer, Eric C SAW" <Eric.C.Alsmeyer@saw02.usace.army.mil>, Nicole Thomson
<nicole.thomson@ncmail.net>, "Travis.Wilson@ncwildlife.org" <Travis.Wilson@ncwildlife.org>
CC: "Jeffrey D. Allen" <jdallen@dot.state.nc.us>, Jason Michael Holmes <j mholmes @dot. state.nc.us>,
Donald Pearson <DRPearson @dot. state.nc.us>, "Brandon H. Jones" <bhj ones@ dot. state.nc.us>
Travis, Eric and Nikki,
The NCDOT is currently constructing SR 2552 (Battle Bridge Road) in Wake Co. This is a secondary
road construction/paving project. The NCDOT applied for a permit for two stream crossings on this
project on August 12, 2002. The NCDENR-DWQ issued appropriate WQC and Neuse Buffer approval
on August 28, 2002 (DWQ Project No. 021285).
The NCDOT is unable to bury the new pipes (at both sites) one foot in the streambed due to existing
water utility line conditions. The District Engineer met with representatives from the City of Raleigh on
thursday to discuss the existing water utility lines that run along each roadway shoulder. The
representatives informed the District Engineer that the water lines are set on top of bedrock which would
mean that they cannot be relocated or lowered.
The NCDOT will place a small layer of stone on top of the water lines and then place the proposed
stream cross lines on top of the stone. The District Engineer has informed me that this will allow the
stream cross lines to be buried approximately 2-4 inches below the stream bed at each site.
The two permit sites are summarized below:
Site 1: Perennial tributary to the Neuse River
35.7154009 deg N, 78.5150661 deg W
Existing pipe: 64 inch CUT that is 30 ft long
Proposed pipe: 117 x 79 inch CSP that is 60 ft long
Site 2: Perennial tributary to Neuse River
35.7147109 deg N, 78.5078078 deg W
Existing pipe: 64 inch CMP that is 37 ft long
Proposed pipe: 128 x 83 inch CSP that is 60 ft long
If you would like to visit the site, please let me know as soon as possible.
Chris Murray
Division Environmental Supervisor
1 of 1 2/8/2005 1:22 PM
0F WATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
?? QG North Carolina Department of Environment and Natural Resources
rj 7 Alan W. Klimek, P.E. Director
? Division of Water Quality
>_ r
August 28, 2002
Wake County
DWQ Project No. 021285
APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. J.G. Nance, P.E., Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, as described in your application dated August 12, 2002, and in accordance with the attached
conditions and those listed below, to place fill material in 93 linear feet of streams and 5465 square feet (3359
square feet in Zone 1, and 2106 square feet in Zone 2) of protected riparian buffers for the purpose of road
improvements to SR 2552 (Battle Bridge Road) from SR 2555 (Auburn-Knightdale Road) to the end of state
maintenance in Wake County. The project shall be constructed in accordance with your application August 12,
2002. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3375. This.certification corresponds to the Nationwide Permit 14 issued by the Corps of
Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .233). 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 when the accompanying 404 permit expires unless otherwise specified in the General 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). ). This approval shall expire with the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers.
2. 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.
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, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for
a hearing.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
W ATF Michael F. Easley, Governor
?O Rp William G. Ross Jr., Secretary
`01 G North Carolina Department of Environment and Natural Resources
Vj Alan W. Klimek, P.E. Director
d T
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 John Hennessy at 919-733-5694 or Steve Mitchell at 919-571-4700.
ly,
/"-an W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
c:\ncdot\SR 2552\wqc\021285wgc.doc
?j
N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE
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TO: - REF. NO..OR ROOM, BLDG.
FROM. REF. NO. OR ROOM, BLDG.
ACT O '
? NOTE AND. FILE ? PER OUR CONVERSATION
Q.NOTE AND,RETURN 'TO ME ?PER YOUR REQUEST
? RETURN WITHMORE DETAILS ? FOR YOUR APPROVAL
?- NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER -? FOR YOUR COMMENTS
?' PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
?' TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:.
02128,1
WETLA"??? Govt
ago
. 021285
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 12, 2002
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
LYNDO TIPPETT
SECRETARY
Subject: Secondary road improvements to SR 2552 (Battle Bridge Road) from SR
2555 (Auburn-Knightdale Road) to end of state maintenance in Wake
County. NCDOT Work Order No. 6.402573.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 2552 (Battle Bridge Road) from SR 2555 (Auburn-Knightdale Road) to end
of state maintenance in Wake County (Figures 1-10). Total project length is 1.3 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 2552 is scheduled to be paved in the 2001-2002 Secondary Roads
Construction Program.
Impacts to Waters of the United States
Construction of the project will necessitate impacts to waters of the United States
in the Neuse River Basin. Two sites are located within the project limits.
Site 1
The project crosses an unnamed perennial tributary to Neuse River (Best Usage
Classification C NSW, NCDENR-DWQ Index No. 27-(20.7). The existing structure that
conveys the creek is a 64 inch corrugated metal pipe that is 30 feet long. The
Division 5 2612 N. Duke Street, Durham, NC 27704 P4
Phone: (919) 560-6081 Fax: (919) 560-3371
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replacement structure is a 117 inch x 79 inch corrugated steel pipe arch that is 60 feet
long (Figures 3-6). Permanent impacts at the site associated with the replacement of the
structure and minimal amounts of rip rap to protect the structure include <0.01 acre fill in
surface water and 50 linear feet existing channel impacted.
The peak discharge for the structure design is based on the latest USGS
Regression Equations for the 25 year storm. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structure is designed to handle this peak discharge
such that the headwater elevation will not overtop the road.
Site 2
The project crosses an unnamed perennial tributary to Neuse River (Best Usage
Classification C NSW, NCDENR-DWQ Index No. 27-(20.7). The existing structure that
conveys the creek is a 64 inch corrugated metal pipe that is 37 feet long. The
replacement structure is a 128 inch x 83 inch corrugated steel pipe arch that is 60 feet
long (Figures 7-10). Permanent impacts at the site associated with the replacement of the
structure and minimal amounts of rip rap to protect the structure include <0.01 acre fill in
surface water and 43 linear feet existing channel impacted.
The peak discharge for the structure design is based on the latest USGS
Regression Equations for the 25 year storm. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structure is designed to handle this peak discharge
such that the headwater elevation will not overtop the road.
Dewatering
The NCDOT proposes to temporarily dewater the perennial streams at Site 1 and
Site 2 during the construction of the project.
Site 1
This will involve the temporary placement of sandbags or Class B or Class 2 rip
rap covered with filter fabric in the stream channel approximately 10 feet upstream of the
proposed pipe inlet and approximately 10 feet downstream of the proposed pipe outlet
(Figure 3). To maintain water flow during construction, water upstream of this
impervious structure will be temporarily pumped out and conveyed downstream of the
impervious structure. The stream will be dewatered for approximately 1 week. This will
result in temporary impacts to the surface water. Temporary impacts to the stream at this
site from this activity will result in the dewatering of <0.01 ac of stream bed and 50 linear
feet stream channel. The sandbags or rip rap covered with filter fabric will be removed
after construction.
Site 2
This will involve the temporary placement of sandbags or Class B or Class 2 rip
rap covered with filter fabric in the stream channel approximately 10 feet upstream of the
proposed pipe inlet and approximately 10 feet downstream of the proposed pipe outlet
(Figure 7). To maintain water flow during construction, water upstream of this
impervious structure will be temporarily pumped out and conveyed downstream of the
impervious structure. The stream will be dewatered for approximately 1 week. This will
result in temporary impacts to the surface water. Temporary impacts to the stream at this
site from this activity will result in the dewatering of <0.01 ac of stream bed and 43 linear
feet stream channel. The sandbags or rip rap covered with filter fabric will be removed
after construction.
Riparian Buffer Impacts
The construction of the project involves a road crossing of streams that are subject
to the Neuse River Riparian Buffer Rule. The unnamed perennial tributaries to Neuse
River at Site 1 and Site 2 are depicted on the most recent version of the Garner, NC
(USGS, 1993) topographic quadrangle (Figure 1) and the Soil Survey of Wake County,
North Carolina (USDA-SCS, 1970) (Figure 2). They are subject to the riparian buffer
rule.
Site 1
The construction of the project at Site 1 results in impacts to the riparian buffer
(Figure 3). Construction impacts at Site 1 total 1,907 square feet in Zone 1, 1,197 square
feet in Zone 2 and 50 linear feet of riparian buffer. Based on the impacts to the riparian
buffer at this site, this crossing is allowable. The NCDOT certifies that the criteria
documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical
alternatives to the project) are met. The NCDOT requests an Authorization Certificate for
this activity at this project. Information supporting that there are no practical alternatives
for the issuance of this certification is summarized below:
• The roadway is listed on the 2001-2002 Division 5 Secondary Roads Construction
Program The existing 30 foot wide hard-packed gravel roadway will be replaced
with a 20 foot paved roadway utilizing a 60 foot right of way. The existing structure
must be replaced with a longer pipe.
• The design of the project has reduced the footprint of the project as much as possible
to allow for only the amount of fill necessary to complete the project.
Site 2
The construction of the project at Site 1 results in impacts to the riparian buffer
(Figure 7). Construction impacts at Site 1 total 1,452 square feet in Zone 1, 909 square
feet in Zone 2 and 43 linear feet of riparian buffer. Based on the impacts to the riparian
buffer at this site, this crossing is allowable. The NCDOT certifies that the criteria
documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical
4
alternatives to the project) are met. The NCDOT requests an Authorization Certificate for
this activity at this project. Information supporting that there are no practical alternatives
for the issuance of this certification is summarized below:
• The roadway is listed on the 2001-2002 Division 5 Secondary Roads Construction
Program. The existing 37 foot wide hard-packed gravel roadway will be replaced
with a 20 foot paved roadway utilizing a 60 foot right of way. The existing structure
must be replaced with a longer pipe.
• The design of the project has reduced the footprint of the project as much as possible
to allow for only the amount of fill necessary to complete the project.
The NCDOT proposes to install temporary erosion and sediment control devices
at Site 1 (Figure 3) and Site 2 (Figure 7) in Zone 1 and Zone 2 of the riparian buffer.
Specifically, the NCDOT will place a temporary rock silt check (Type A) in Zone 1 and a
temporary rock sediment dam (Type B) in Zone 2. The temporary structures will be
removed once vegetation has been established and then seeded with a seed mixture of
fescue and bahia grass. Based on impacts to the riparian buffer at this site from this use,
this activity is allowable. The NCDOT certifies that the criteria documented in Sub-Item
(8)(a) of the buffer rules (which find that there are no practical alternatives to the project)
are met. The NCDOT requests an Authorization Certificate for this activity at this
project.
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.
• The project will impact unnamed tributaries to Neuse River. 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. The amount of rip rap
placed along the stream bank has been reduced to the amount that is only necessary to
provide for streambank stabilization. All efforts will be made during construction to
reduce the amount of rip rap at the two sites.
Compensatory Mitigation: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and wetland impacts will not be provided for this
project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed endangered ad Proposed Threatened are protected under provisions of Section 7
and Section 9 of the ESA. As of February 27, 2001, there are four federally protected
species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus),
Michaux's Sumac (Rhus michauxii), dwarf wedgemussel (Alasmidonta heterodon) and
red-cockaded woodpecker (Picoides boralis).
dwarf wedgemussel --Biological Conclusion: No Effect
NCDOT Division Environmental Officer Chris Murray conducted a mussel
survey at the site on April 24, 2002. Mussel surveys were conducted at Site 1 and Site 2
for a distance of 300 feet downstream and 50 feet upstream of the project crossing.
Survey methodology included wading using visual (batiscope) and tactile methods along
the banks and throughout the stream. No mussels or snails were found during the survey.
Impacts to this federally protected species will not occur from project construction.
Michaux's sumac--Biological Conclusion: No Effect
Suitable habitat for Michaux's sumac is present along the irregularly maintained
roadside shoulder. A plant-by-plant survey was conducted during the site visit on April
24, 2002 by NCDOT Division Environmental Officer Chris Murray. No populations of
Michaux's sumac were observed during the site visit. Impacts to Michaux's sumac will
not occur from project construction.
bale eagle--Biological Conclusion: No Effect
Although it is possible that eagles may occasionally fly over the project, the lack
of appropriate habitat for feeding, nesting, roosting and perching at the site makes it
unlikely that eagles use specific sites at the project. No bald eagle foraging or nesting or
other activity was observed at the project study area during the site visit on April 24,
2002. Impacts to bald eagle will not occur from project construction.
red-cockaded woodpecker--Biological Conclusion: No Effect
The project study area contains limited foraging habitat and no nesting habitat for
red-cockaded woodpecker. There is no nesting habitat within 1.0 mile of the project
study area. No red-cockaded woodpeckers were observed during the site visit on April
24, 2002. Based on available information, the construction of this facility will not impact
red-cockaded woodpecker.
Historical Compliance
Historic compliance work to be scheduled and concurrence with Historic
Preservation Office will be obtained if required.
6
Summary
NCDOT proposes to upgrade and pave SR 2552 in Wake County. Impacts to
streams and riparian buffer are presented in Table 1.
Table 1. Summarv of impacts.
Existing Channel Existing Channel Zone 1 Buffer Zone 2 Buffer Linear
Impacted Impacted (Temporary- Impact Impact Buffer
Site (Permanent) Dewatering) Impact
1 50 linear ft 50 linear ft 1,907 sq ft 1,197 sq ft 50 liner ft
2 43 linear ft 43 linear ft 1,452 sq ft 909 sq ft 43 linear ft
Total 93 linear ft 93 linear ft 3,359 s ft 2,106 s ft 93 linear ft
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWP) 14 and NWP 33 and NCDENR-DWQ Section 401 Water
Quality Certification (WQC) No. 3375 and No. 3366 and riparian buffer authorization
for construction of this project. The NCDOT will comply with all applicable NWP,
WQC and Riparian Buffer Rule conditions. A pre-construction notification is attached
with this request. If you have any questions or need additional information, please
contact me at (919) 560-6081.
Sincerely,
Chnstopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr.Brandon Jones, NCDOT District Engineer, Raleigh
el G?? b i
l
- ' f
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit -or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.miI/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army. mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/newetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.armv.miI/wetlands/nwpfinalFedReg pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http:i/h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U. S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U. S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 021285
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: NCDOT/Christopher A. Murray
Mailing Address: 2612 N. Duke Street Durham NC 27704
Telephone Number: (919) 560-6081 Fax Number: (919) 560-3371
E-mail Address: cmurray@dot.state.nc.us
2. Agent 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 3 of 12
Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 2552 Battle Bridge Road) from SR 2555 (Auburn-Knightdale Road)
to end of state maintenance in Wake County.
2. T.I.P. Project Number (NCDOT Only): 6.402573
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Garner, travel southeast on
US 70, turn left and travel northeast on SR 2555 to project limits.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 17 724809E 3955023N,
Site 2: 17 725470E 3954972N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Site is
surrounded by undeveloped wooded land.
7. Property size (acres): Project footprint is 1.3 mile long and has a right of way of 60 feet.
Property size is 9.5 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Neuse River
at Site 1 and Site 2
9. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin./maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Grade, drain, base pave, pipe replacement and
erosion control at SR 2552 (Battle Bridge Road
11. List the type of equipment to be used to construct the project: Excavator, Backhoe,
Bulldozer and Grader.
12. Describe the land use in the vicinity of this project: Undeveloped wooded land.
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.
No previous project jurisdictional determination or permit history associated with site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Page 5 of 12
* I_,ist each impact separately and identify temporary- impacts, Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at titre; v,xvw,iema..am.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.00 acre in project
limits.
Total area of wetland impact proposed: 0.00 acre fill in project limits.
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact leasespecify)
Site 1 Pipe at inlet and outlet 30 UT Neuse River 5 ft Perennial
Site 1 Rip Rap along stream-
bank for stabilization 20 UT Neuse River 5 ft Perennial
Site 1 Temporary dewatering 50 UT Neuse River 5 ft Perennial
of stream .
Site 2 Pipe at inlet and outlet 23 UT Neuse River 5 ft Perennial
Site 2 Rip Rap along stream- 20 UT Neuse River 5 ft Perennial
bank for stabilization
Site 2 Temporary dewatering 43 UT Neuse River 5 ft Perennial
of stream
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wwuv.usss.sov. Several intemet sites also allow direct download and printing of USGS maps (e.g., etii?i.topozone.com,
xN-%vx v.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 93 feet existing channel
impacted (fill from pipe at inlet/outlet and rip rap along streambank for stabilization and 93
feet temporary impact (dewaterina).
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wate)
( applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 12
4. 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/embankmetit, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands and surface waters not affected by project construction will be protected from
unnecessary encroachment. No staging of equipment will be allowed in or adjacent to waters of
the United States. The side slopes at the jurisdictional sites have been steepened to the
maximum extent possible. Strict enforcement of Sedimentation and Erosion Control 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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 7 of 12
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htgp h? o.enr.state. ne as/newetlands;/strm,-?'ide.ntml.
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.
Not Applicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at tittp:/tti2o.enr_state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
Page 8 of 12
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 (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
SITE 1
Zone* Impact
(square feet Multiplier Required
Mitigation
1 1,907 3
2 1,197 1.5
Total 3,104
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
SITE 2
Zone* (sImpact quare feet Multiplier zMiti a o
1 1,452 3
2 909 1.5
Total 2,361
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,.Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
Page 9 of 12
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing: 5.3 acre impervious surface (hard packed gravel roadway averaging 33.5 feet wide) of
9.5 acre total project size Proposed 3.2 acre impervious surface (asphalt roadway 20 feet wide)
of 9.5 acre total project size Strict enforcement of Sedimentation and Erosion Control Best
Management Practices for the protection of wetlands and surface waters will be enforced durine
construction The erosion control plan for the project is designed for 900 cubic feet of storage per
acre Erosion and sediment control devices along the project are comprised of temporary rock
pipe inlet sediment trap (Type A) temorary silt basin (Type B) temporary rock silt check
(Tune B) temporary rock sediment dam (Type B) temporary rock silt check (Type A)
temporary silt fence Temporary rock silt check (TXpe A will be placed in Zone 1 of the
riparian buffer at Site 1 and Site 2 Temporary rock sediment dam (Type B will be placed in
Zone 2 of the riparian buffer at Site 1 and Site 2 (see page 4 of cover letter). All temporarily
disturbed areas will be revegetated after construction.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will not generate wastewater.
XUL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 12
US Army Corps Of Engineers Field 'Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Suny
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 8564520
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
Division of Coastal Management
1638 Mail Service Center
larine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 7334763
Fax: (919) 715-2671
Hertford Pasquotank
Hyde Pender
Page 11 of 12
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
0212850W? z
q D ,
..
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION y
MICHAEL F. EASLEY
GovERNoR
August 12, 2002
LYNDO TIPPETr
SECRETARY
N.C. Dept. of Environment and Natural Resources-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Attention: Mr. John Dorney
Coordinator
PAYMENT
RECEIVED
Subject: Secondary road improvements to SR 2552 (Battle Bridge Road) from SR
2555 (Auburn-Knightdale Road) to end of state maintenance in Wake
County. NCDOT Work Order No. 6.402573.
Reference: NCDOT permit application (August 12, 2002)
The North Carolina Department of Transportation (NCDOT) plans to upgrade and
pave SR 2552 (Battle Bridge Road) from SR 2555 (Auburn-Knightdale Road) to end of
state maintenance in Wake County. Construction of the project will necessitate impacts
to waters of the United States. Application was made for a Department of the Army
Section 404 Nationwide Permit (NWP) 14 and NWP 33 and North Carolina Department
of Environment and Natural Resources-Division of Water Quality (DWQ) Section 401
Water Quality Certification (WQC) No. 3375 and WQC 3366 and riparian buffer
certification by permit application dated August 12, 2002.
An automated payment procedure has recently 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 new procedure will
provide payment to the NCDWQ by charging the permit application fee directly to the
appropriate NCDOT work order.
The NCDOT work order for this nroiect is 6.402573. Proiect impacts are less
than one acre of cumulative wetland/water impacts and less than 150 linear feet
cumulative impacts to streams. therefore. please note that a fee of $200.00 is required for
this project. If you have any questions or need additional information, please contact me
at (919) 560-6081.
Sincerely,
ac- -<-
Christopher A. Murray, P.W.S.
Environmental Officer
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371