20030828 Ver 1_Complete File_20030709

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DWQ Project No.: 030828 County: _ person
Applicant: NCD07' C. urr-ow'r TG. q
Project Name: -14 Z 1 o Sk: iPoad s / 2
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Date of Issuance of 401 Water Qua laity Certification: Z
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project.engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, J- Cq . 6hk7ce-, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substa lakympliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approve la ecifications, and other support to als.
Signature: Date: 7
Agent's
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No. Date
WETLANDS 1401
JUL- 2 0 2004
WATER QUALIFY S;E
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Malling Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwefands/

.

Photograph 1. SR 1170 Skip Rogers Road Person County
DWQ Project No. 030828, (Site 1 Station 38+35-L)
Vw- w? from downstream showing pipe extension to outlet end of existing
pipe- No work was performed on the inlet end of this crossing.

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A TF9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 4, 2004
Person County
DWQ Project No. 030828
SR 1170 (Skip Rogers Road) from SR 1169 to SR 1162
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J.G. Nance, Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts:
¦ 24 linear feet of an unnamed tributary to Snipe Creek;
¦ 0.01 acres of fill in surface waters.
NCDWQ understands that these impacts are necessary in order to upgrade SR 1170 (Skip Rogers Road)
in Person County. The project must be constructed in accordance with your application dated July 7,
2003, additional information dated September 16, 2003 and a site visit conducted in January 2004. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number
14. In addition, you must acquire any other federal, state or local permits before you proceed with your
project including (but not limited to): Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise
specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and submit a new application.
If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Construction shall be performed so that no A
rules occur.
¦ NCDOT shall abide by the requirements
.0214 and 15A NCAC 2B .0224].
¦ Erosion and sediment control practices in
governing the proper design, installation ;
Management Practices in order to protect
¦ The erosion and sediment control measur
design, installation, operation and mainte
North Carolina Sediment and Erosion Cc
North Carolina Division of Water (
1650 Mail Service Center, Ralei
2321 Crabtree Blvd., Rale
919-733-1786 (phone), 919-733-6893
Lions of state water quality standards, statutes, or
WS-II and High Quality Waters [15A NCAC 2B
in full
Aeration and main
ce water quality s
this project must
outlined in the n
Planning and De
Wetlands Certification
39-1650 (Mailina Addre
all specifications
of such Best
or exceed the
,n Manual.
NCDENR
Mr. J.G. Nance, P.E.
DWQ Project 030828
February 4, 2004
including contractor-owned or leased borrow pits associated with the projects included under
ti this Certification.
¦ For borrow pit sites, the erosion and sediment control measures must equal or exceed the
proper design, installation, operation and maintenance outlined in the most recent version of
the North Carolina Surface Mining Manual.
¦ Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within 30 days after the
Division of Land Resources has released the project.
NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification (e.g.,
no work shall occur outside of the footprint of the plans provided). In addition, there shall be no
excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be
required since it is a direct impact from road construction activities.
4. Head walls shall be constructed with flared inlets and outlets. Rip rap shall be no greater than
three (3) feet.
5. This Certification does not authorize the discharge of waste rock and dirt into the stream or
riparian zone except for permitted areas associated with culvert conditions
6. For construction work in the vicinity of or draining towards Snipe Creek and its UT's, NCDOT
shall implement Best Management Practices for the Protection of Surface Waters (NCDOT
August 2003) and Design Standards for Sensitive Watersheds (15A NCAC 4B .0124).
7. Stormwater runoff shall be pre-treated by any best engineering practices appropriate to the site
topography. Existing vegetated buffers shall not be mowed in order to utilize it for stormwater
sheet flow.
8. The structures required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (including the pattern and profile) are to be maintained
above and below locations of each pipe. The structure shall be designed and installed to allow for
fish and other wildlife movement as well as prevent headcutting of the streams.
9. Culverts that are less than 48-inch in diameter should be buried to a depth equal
20% of their size to allow for aquatic life passage. Culverts that are 48-inch dial
should be buried at least 12 inches below the stream bottom to allow natural stre
material to become established in the culvert following installation and to provic
passage during periods of low flow. This may require increasing the size of the
flow conveyance requirements. If any of the existing pipes are perched, they sh,
and replaced, and re-installed correctly, unless demonstrated that this is topogral
or greater than
;ter or larger
n bottom
aquatic life
lvert to meet
be removed

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Mr. J.G. Nance, P.E.
DWQ Project 030828
February 4, 2004
10. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be
maintained to prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH.
11. Rock check dams at culvert outlets should be removed at project completion to avoid blocking
movement of aquatic life.
12. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the stream channel under authorization of this
Certification, except in the immediate vicinity of the culverts. Instream dredging has catastrophic
effects on aquatic life and disturbance of the natural form of the stream channel will likely cause
downstream erosion problems, possibly affecting other landowners.
13. Heavy equipment should be operated from the bank rather than in the stream channel rather than
in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing
other pollutants into the stream.
14. All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic substances.
15. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.
17. Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
18. Upon completion of the project, the NCDOT and/or its authorized agents shall
complete and return the enclosed "Certificate of Completion" form to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the
project. Please include photographs upstream and downstream of each structure to
document correct installation.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Mr. J.G. Nance, P.E.
DWO Project 030828
February 4, 2004
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 telephone Mr. John Hennessy at 919.733.5694.
inc rely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Eric Alsmeyer, USACE Raleigh Field Office
NCDWQ Raleigh Regional Office
Central Files
File Copy
imap://john.hennessy%40dwq.denr.ncmai1. net C&cros.ncmai 1.net:143/f...
Subject: Re: DOT
From: Steve Mitchell <[e-mail]>
Date: Wed, 14 Jan 2004 13:45:26 -0500
To: John Hennessy <[e-mail]>
Issue with those qualifiers.
John Hennessy wrote:
I like it. Is that what you want to do? Steve Mitchell wrote:
Make them build head walls with flaired in and outlets. Also require the minimum
amount of rip rap. Three feet in Person Co.
John Hennessy wrote:
We could require what? Steve Mitchell wrote:
03-0828 ISSUE
Road alignment with T intersection dictates impact.
Just to be mean we could require frlaired in and outlets and make them use the
least amount of rip rap at the disappator.
Call if unclear.
I
1 of 1 1/14/2004 2:22 PM
? W ATF Michael F. Easley, Governor
0
Ot 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\ Alan W. Klimek, P.E. Director
> y Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality

October 13, 2003
Mr. J.G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Re: Permit Application for proposed widening and paving of SR 1170 (Skip Rogers Road) from SR 1169 (Snipes
Road) to SR 1162 (Hester's Store Road) in Person County
DWQ No. 030828
Dear Mr. Nance:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
• On August 19, 2003 we wrote the following comments to your application: \
The project proposes an additional stream impact of 24 feet. The stream is classified as a Water Supply 11, High
Quality Waters (WS H HQW). However, review of the application does not indicate the need for such a large
additional impact. The stated purpose of the road is to upgrade and pave an existing road. While it is
understandable that sometimes exiting gravel roads with 10 foot travel lanes need to have the width of each lane
increased two feet each side to improve the road for safety purposes, that would not necessitate the need for an
additional 24 feet of impact. Furthermore, review of the proposed project design submitted in your application,
indicates that the existing travel lanes for the gravel road are presently 12 feet each. Finally, there appears to be no
road realignment that might account for the requested impact. Please provide sufficient information to: 1) explain
the rationale for the requested impact of 24 feet, and 2) why there is a need to have any impacts for the proposed
project. Based on the information you submitted, it is the opinion of the DWQ that the proposed project can be
constructed without any impacts to jurisdictional waters.
We received your response on September 17, 2003. After reviewing your response, we still have many of the same
questions and concerns expressed in our initial response. After several phone conversations with Chris Murray
(Division 5, Division Environmental Officer), we recommend an onsite meeting to discuss the project alternatives.
Please contact John Hennessy at 919-733-5694 to set the meeting.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

? W A T? Michael F. Easley, Governor
Q R William G. Ross Jr., Secretary
`Ot pG North Carolina Department of Environment and Natural Resources
Uj r Alan W. Klimek, P.E. Director
© `C
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact John Hennessy at 919-733-5694.
Sincerely,
cc
DWQ Wilmington Regional Office
US Army Corps of Engineers Wilmington Field Office
File Copy
C:\ncdot\SR 1170\correspondence\030828h1d2.doc

N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
N. C. DEPARTMENT OF TRANSPORTATION

TRANSMITTAL SLIP DATE
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? NOTE AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
P?.4 ?e I.v er- fio
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STATE OF NORTH CAROLINA
SET DS/401 C4W
S F. P l 100;
INERQUALIlY'SEC'I Ai
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
September 16, 2003
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Attention: Mr. John Dorney
Supervisor
LYNDO TIPPETT
SECRETARY
Subject: Secondary road improvements to SR 1170 (Skip Rogers Road) from SR
1169 (Snipes Road) to SR 1162 (Hester's Store Road) in Person County.
NCDOT Work Order No. 5.C073015. DWQ No. 030828.
Reference: 1. NCDOT Permit Application (July 7, 2003).
2. NCDENR-DWQ notice indication HOLD status of project (August 19,
2003)
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1170 (Skip Rogers Road) from SR 1169 (Snipes Road) to SR 1162
(Hester's Store Road) in Person County. A permit application outlining impacts
associated with this project was submitted to the United States Army Corps of Engineers
(USACE) and copied to the North Carolina Department of Environment and Natural
Resources-Division of Water Quality (NCDENR-DWQ) on July 7, 2003. The project
was placed on hold by the NCDENR-DWQ by letter dated August 19, 2003. The project
proposes to impact 24 linear feet of an intermittent tributary to Snipe Creek (Best Usage
Classification WS-II HQW). The NCDENR-DWQ Hold letter stated that the application
does not indicate the need for such large impacts.
The existing gravel roadway is 23 feet wide. The NCDOT Division Design
Construction group evaluated the roadway and the adjacent SR 1170 (Skip Rogers Road)
and SR 1162 (Hester's Store Road) intersection for safety issues, which is always
conducted during the design phase for secondary road construction. In an effort to
construct a "T" intersection, the NCDOT has proposed to shift the roadway to the east,
which will result in impacts to an unnamed tributary to Snipe Creek. The "T"
intersection will improve the sight distance at the intersection and also encourages the
travelling public to come to a complete stop at the intersection.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

An on-site meeting was held on September 15, 2003 with Danny Fuller (Assistant
County Maintenance Engineer) to discuss the project, in an effort to identify any
measures that would reduce impacts at the site. Mr. Fuller indicated that a reduction in
the length of the pipe extension (proposed at 16 feet) would compromise the safety
concerns and proposed safety improvements at the intersection. However, the NCDOT
could accommodate reduction of the placement of rip rap along the streambank for
stabilization purposes. He stated that the amount of rip rap could be reduced from 8 feet
to 3 feet. This will result in total linear stream impacts of 19 feet at the site.
Photograph 1 depicts the stream in relation to the roadway and the SR 1170 (Skip
Rogers Road) and SR 1162 (Hester's Store Road) intersection. Please note that the
revised plan view of this area is depicted on Figure 3. The NCDOT is hoping that you
will expedite the review of this response. The Division is currently finishing the
construction season and would like to build this roadway before the equipment has to be
returned to the rental company. If you have any questions or need additional information,
please contact me at [phone].
Sincerely,
UV
Christopher A. Murray, P.W.S.
Environmental Officer
cc: Battle Whitley, P.E., NCDOT District Engineer, Durham
Mr. Billy Timberlake, NCDOT, Person County
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intersection.
**Roadway will be shifted to the east to form a" r' i

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co 7, Alan W. Klimek, P.E. Director
j Division of Water Quality
O .? Coleen H. Sulllns, Deputy Director
Division of Water Quality

August 19, 2003
Mr. J.G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Re: Permit Application for proposed widening and paving of SR 1170 (Skip Rogers Road) from SR 1169 (Snipes
Road) to SR 1162 (Hester's Store Road) in Person County
DWQ No. 030828
Dear Mr. Nance:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
The project proposes an additional stream impact of 24 feet. The stream is classified as a Water Supply II, High
Quality Waters (WS II HQW). However, review of the application does not indicate the need for such a large
additional impact. The stated purpose of the road is to upgrade and pave an existing road. While it is
understandable that sometimes exiting gravel roads with 10 foot travel lanes need to have the width of each lane
increased two feet each side to improve the road for safety purposes, that would not necessitate the need for an
additional 24 feet of impact. Furthermore, review of the proposed project design submitted in your application,
indicates that the existing travel lanes for the gravel road are presently 12 feet each. Finally, there appears to be
no road realignment that might account for the requested impact. Please provide sufficient information to: 1)
explain the rationale for the requested impact of 24 feet, and 2) why there is a need to have any impacts for the
proposed project. Based on the information you submitted, it is the opinion of the DWQ that the proposed
project can be constructed without any impacts to jurisdictional waters.
Therefore, pursuant to 15A NCAC 21-1.0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact John Hennessy at 919-733-5694.
cc: DWQ Wilmington Regional Office
US Army Corps of Engineers Wilmington Field
File Copy
C:\ncdot\SR 1170\correspondence\030828hld.doc
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
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NITERQUAL,
.?.;- SECTION,
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
July 7, 2003
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
034328
Subject: Secondary road improvements to SR 1170 (Skip Rogers Road) from SR
1169 (Snipes Road) to SR 1162 (Hester's Store Road) in Person County.
NCDOT Work Order No. 5.C073015
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1170 (Skip Rogers Road) from SR 1169 (Snipes Road) to SR 1162
(Hester's Store Road) in Person County (Figures 1-3). Total project length is 0.6 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 1170 is scheduled to be paved in the 2003-2004 Secondary Roads
Construction Program.
Impacts to Waters of the United States
Site 1-Station 38+35-L-
The project crosses an unnamed intermittent tributary to Snipe Creek (NCDENR-
DWQ Index No. 22-58-4-2-1-1, Best Usage Classification WS-II HQW) (Figure 3) in the
Roanoke River Basin. The existing structure that conveys the creek is a 42 inch concrete
pipe that is 44 feet long. The NCDOT proposes to extend the pipe 16 feet at the outlet
side of the structure. Permanent impacts at the site associated with the extension of the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
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Photograph 1. View of intermittent stream to be impacted during roadway
construction.
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pipe and minimal amounts of rip rap along the streambank for stability include <0.01 acre
fill in surface water and 24 linear feet existing channel impacted.
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. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts at this site. The amount
of rip rap placed along the stream banks 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 jurisdictional site.
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 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 January 29, 2003, there is one federally protected
species listed for Person County. Suitable habitat for dwarf wedgemussel (Alasmidonta
heterodon) is not present at the site as the stream is classified as intermittent. A
Biological Conclusion of No Effect has been rendered for this species.
Historical Compliance
Historic compliance work to be scheduled and concurrence with Historic
Preservation Office will be obtained if required.
Summary
NCDOT proposes to upgrade and pave SR 1170 in Person County. Construction
impacts are presented in Table 1.
Table 1
Site
to surface waters.
1 38+35-L-
Total
Fill in Surface Existing Temp. Surface Temp. Existing
Water (ac) Channel Water Impacted Channel Impacted
(ac) _._.._(Dewatering) (ft)
<0.01 24 N/A N/A
<0.01 24 N/A N/A
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWP) 14. Application is also made for NCDENR-DWQ Section
401 Water Quality Certification (WQC) No. 3404. A pre-construction notification is
attached with this request. If you have any questions or need additional information,
please contact me at [phone].
Sincerely,
a
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Battle Whitely, P.E., NCDOT District Engineer, Durham
Mr. Billy Timberlake, NCDOT County Maintenance Engineer, Person Co.
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
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, Christopher A. Murray
Mailing Address: 2612 N. Duke St., Durham, NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: cmurrayna,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
Page 5 of 12
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: Secondary Roadway improvements to SR 1170 (Skip Rogers Road) from
SR 1169 (Snipes Road) to SR 1162 (Hester's Store Road) in Person County
2. T.I.P. Project Number or State Project Number (NCDOT Only): Work Order: 5.C073015
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Person Nearest Town: Roxboro
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Roxboro. travel southwest
on NC 49, turn right north onto SR 1169 to project limits.
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.33009° N. 79.09874°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 4.3 acre (Project is 0.6 mi long)
7. Nearest body of water (stream/river/sound/ocean/lake): Site 1: Intermittent tributary to
Snipe 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/maw/.)
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 farm land.
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave and erosion control at project Equipment may include excavator, backhoe
bulldozer. grader and crane
11. Explain the purpose of the proposed work: The project is part of the 2003-2004 secondary
road paying program The existing gravel roadway will be paved with asphalt
Page 6 of 12
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Site 1: The existing structure is
a 42 inch concrete pipe that is 44 feet long. The NCDOT proposes to extend the existing
pipe 16 feet on the outlet side and place eight feet of rip rap to stabilize the banks
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
N/A
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hit);//\\ tJema. qy.
Page 7 of 12
**" List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact lease specify)
Site 1(OUTLET) Pipe extension 16 UT Snipe Ck. 3 Intermittent
Site 1 (OUTLET) Rip rap for stabilization only 8 UT Snipe Ck. 3 Intermittent
along streambank
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 losstgain),
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
«NN«.uss.(_'ov. Several internet sites also allow direct download and printing of USGS maps (e.g., ?%\v .tA)jomnc.com,
"\\ \N.utapquest.coul, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 24 feet existing- channel
impacted (fill from extension of pipe and placement of rip rap along streambank for
stabilization on the outlet side of the structure).
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: rill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
Page 8 of 12
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, surface waters and regulated buffers not affected by construction will be
protected from unnecessary encroachment during construction The side slope of the
jurisdictional site has been steepened to the maximum extent possible Strict enforcement of
Best Management Practices for the protection of wetlands and surface waters will be enforced
during construction Only the smallest amount of fill necessary to complete the project will be
placed in waters of the United States.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
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.
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
lit -Wh2o.enr.state.nc.us/ncwetlands/strm ]de.html.
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
Page 9 of 12
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.eenr.state. nC,us/\vi-p nde. tm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 10 of 12
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.
Zone* Impact
s ware feet Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing: 1.7 acre impervious surface (23 foot wide gravel road) of 4.3 acre total project size.
Proposed: 1.5 acre impervious surface (proposed 20 foot wide asphalt paved road) of 4.3 acre
total project size 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 silt basin (Type B), temWraa rock silt check (Type B temporary rock sediment dam
(Type B temporary rock silt check (Type A) and temporary silt fence. High Quality Water
erosion control plans (design standards in sensitive watersheds) will be used during construction.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 11 of 12
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).
N/A
.6-03
Applicant/Agents Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

WEXODS/401 GROUP
JUG.J ?i ,!IIU: f
STATE of NORTH CAROLINA NATERQUALITYSECTION
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 7, 2003
LYNDO TIPPETT
SECRETARY
N.C. Dept. of Environment and Natural Resources-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Attention: Mr. John Dorney ()30828
Coordinator
Subject: Secondary road improvements to SR 1170 (Skip Rogers Road) from SR
1169 (Snipes Road) to SR 1162 (Nester's Road) in Person County.
NCDOT Work Order No. 5.C073015
Reference: NCDOT permit application (July 7, 2003)
The North Carolina Department of Transportation (NCDOT) plans to complete
secondary road improvements to SR 1170 (Skip Rogers Road) from SR 1169 (Snipes
Road) to SR 1162 (Hester's Road) in Person 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 North Carolina
Department of Environment and Natural Resources-Division of Water Quality (DWQ)
Section 401 Water Quality Certification (WQC) No. 3404 by permit application dated
July 7, 2003.
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 project is 5.C073015.. 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 reauired for
this project. If you have any questions or need additional information, please contact me
at [phone].
Sincerely,
0
Christopher urray, P.W.S.
Environmental Officer PAYMENT
Division 5, 2612 N. Duke Street, Durham, NC 27704 RECEK0
Phone: [phone] Fax: [phone]