20040308 Ver 1_Complete File_20040225

WETLANDS 1401 GROUP

STATE OF NORTH CAROLINA
FEB 2 5 2004
WATER QUALITY SECTION
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 23, 2004
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120 040308
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed pipe extension to a structure conveying an unnamed tributary to
the South Flat River on SR 1123 (Dick Holeman Road) in Person County.
The North Carolina Department of Transportation (NCDOT) proposes to extend a pipe
conveying an unnamed tributary to the South Flat River on SR 1123 in Person County
(Figure 1 and Figure 2). Information concerning this activity is provided below:
Impacts to Waters of the United States
Site 1 - The project crosses an unnamed intermittent tributary to the South Flat River
(NCDENR-DWQ Index No. 27-3-3, Best Usage Classification WSIII NSW) (Figure 3) in
the Neuse River Basin. Although this project is located within the Neuse River Basin,
the stream at this site is NOT subject to the riparian buffer rules. This stream is not
depicted on the most recent version of the Timberlake (USGS, 1981) topographic
quadrangle (Figure 1), nor does it appear on the Soil Survey of Person County
(USDA-SCS, 1995) (Figure 2).
The existing structure that conveys the creek is an 18 inch concrete pipe that is 60 feet
long (Photographs 1 and 2). The NCDOT proposes to extend this pipe 16 feet to the south
side of Dick Holeman Road and 12 feet to the north side. Permanent impacts at the site
associated with the extension and minimal amounts of rip rap to protect the structure
include 38 linear feet existing channel impacted. This impact would allow for both grass
shoulders to be widened for safety and maintenance purposes.
The NCDOT proposes to temporarily dewater the work zone during the construction of
the project. This will involve the temporary placement of sandbags in the creek at the
upstream and downstream limits to construction. The work zone will be dewatered less
than three days. Temporary impacts to the stream from this activity will result in the
dewatering of 38 linear feet of stream. The sandbags will be removed after construction.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
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Project Study Area
SR 1123 Dick Holeman Road
Person County
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Project Study Area
SR 1123 Dick Holeman Road
Person County
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Riparian Buffer
The construction of the project involves a road crossing of a stream that is NOT subject
to the Neuse River Riparian Buffer Rule. This unnamed intermittent tributary to the
South Flat River is not depicted on the most recent version of the Timberlake
(USGS, 1981) topographic quadrangle, nor does it appear on the Soil Survey of Person
County (USDA-SCS, 1995). The construction of the project at Site 1 will not result in
riparian buffer impacts.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. Strict enforcement of sedimentation and erosion control Best Management Practices
for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to these sites.
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 and 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: dwarf wedgemussel (Alasmidonta heterodon). The stream at
this site is an intermittent stream and the pipe crossing is located within the backwaters of
a farm pond. Therefore suitable habitat for the dwarf wedge mussel does not exist at this
site. A Biological Conclusion of No Effect has been rendered for this species.
Summary
The NCDOT proposes to extend the existing pipe by 28 feet. Permanent impacts at the
site associated with the extension and minimal amounts of rip rap to protect the structure
include 38 linear feet existing channel impacted. This impact would allow for both grass
shoulders to be widened for safety and maintenance purposes. The NCDOT proposes to
temporarily dewater the work zone during the construction of the project. This will
involve the temporary placement of sandbags in the creek at the upstream and
downstream limits to construction. The work zone will be dewatered less than three days.
Temporary impacts to the stream from this activity will result in the dewatering of 38
linear feet of stream. The sandbags will be removed after construction.
3
The construction of the project involves a road crossing of a stream that is NOT subject
to the Neuse River Riparian Buffer Rule. This unnamed intermittent tributary to the
South Flat River is not depicted on the most recent version of the Timberlake (USGS,
1981) topographic quadrangle, nor does it appear on the Soil Survey of Person County
(USDA-SCS, 1995). The construction of the project at Site 1 will not result in riparian
buffer impacts.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the
NCDWQ as Section 401 Water Quality Certification (WQC) No. 3376 and No. 3366
will be utilized for construction of this project. The NCDOT will comply with all
applicable NWP and WQC conditions. A pre-construction notification is attached with
this request. If you have any questions or need additional information, please contact Ms.
Heather Montague at [phone].
Sincerely,
CL G?
Christopher A. Murray, P.W.S.
Environmental Officer
cc: John Dorney, NCDWQ
Battle Whitley, NCDOT
Billy Timberlake, NCDOT
Jeremy Goodwin, NCDOT
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(Ifany 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 (WQC 3376 and WQC 3366 do not require written
concurrence).
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 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 (verify availability with NCWRP prior to submittal of PCN), complete
section Vill and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
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: cmurrayodot.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:
Pagel o178
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than l I 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 infonned that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Proposed extension of a structure conveying an unnamed tributary to the
South Flat River on SR 1123 (Dick Holeman Rd) in Person County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work
Order Number
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 south on
Hwy 501 towards Durham. At Timberlake, make a right onto Dick Holeman Road
(SR 1123). Travel west to the project site, which is located just past the intersection of
Dick Holeman and Satterfield Rd (SR 1134).
5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.26483°N, 78.9828°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): 0.1 acre
7. Nearest body of water (stream/river/sound/ocean/lake): Site 1: Unnamed Tributary to the
South Flat River
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is surrounded by wooded areas and agricultural land.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will extend both ends of the existing pipe and will widen both grass shoulders for
safety and maintenance purposes. The NCDOT will also dewater the work zone during
construction. Equipment may include excavator, backhoe, bulldozer, grader, and crane.
11. Explain the purpose of the proposed work: Widen grass shoulders for safety and
maintenance purposes.
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 pennits 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 pen-nits issued for prior segments of the same T.I.P. project, along with
construction schedules.
None that are known for NCDOT activities.
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.
No
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, pennanent
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: The NCDOT will extend both ends of
the existing, pine and will widen both shoulders for safety and maintenance purposes.
The NCDOT will also dewater the work zone during construction..
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact I00-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (yes/no) (linear feet)
N/A
N/A
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 hup:/;www.fcma'gov.
*** 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 (please secif )
1 Pipe extension 28 ft UT South Flat River 2 ft Intermittent
Rip rap along
streambank for 10 ft
stabilization only
Temporary 38 ft
Dewatering
* List each impact separately and identity 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 it 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
www_us s. ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 38 feet existing channel
impacted and 38 feet temporary impact from dewatering.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and anv 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
Page 4 of 8
List cash impact separately and identify temporary impacts. Impacts include, but arc not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
VII.
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A
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
watering, irrigation, aesthetic, trout pond,
Expected pond surface area: N/A
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands and surface waters not affected by construction will be protected from
unnecessary encroachment during construction. Strict enforcement of Best Management
Practices for the protection of wetlands and surface waters will be enforced during construction.
Only the smallest amount of fill necessary to complete the project will be placed in waters of the
United States.
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 USAGE or DWQ to consider the application complete for processing. Any application
Page 5 of 8
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
http://h2o.eiir.state.nc.us/iicwetlands/strm?,,ide.hti-nl.
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.
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.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 (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 ?
Page 6 of 8
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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 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.
X1.
XII.
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.
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.
There is 0.003 acre of existinu impervious surface and 0.003 acre of proposed impervious
surface no increase) within the 0.1 acre total project size. Erosion and sediment control devices
along the project are comprised of temporary silt fence.
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.
Page 7 of 8
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
Is this an aver-the-fact pen-nit 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).
AT/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8