20080439 Ver 1_Application_20080311

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STATE of NORTH CAROLINA r~'~'Q~ery
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 4, 2008
N.C. Division of Water Quality
Transportation Permitting Unit O Q O
2321 Crabtree Blvd./Suite 250 Q
Raleigh, NC 27604-2260
Attention: Mr. Rob Riding, NCDOT Project Coordinator
Subject: Proposed repair to a failed fill slope adjacent to an UT to Buffalo Creek
along SR 1401 (Tollie Weldon Road) in Franklin County. WBS element
5.203511.
The North Carolina Department of Transportation (NCDOT) proposes to repair the
failing fill slope adjacent to an UT to Buffalo Creek along SR 1401 (Tollie Weldon
Road) in Franklin County (Figure 1 - 3). Information concerning this activity is provided
below:
Impacts to Waters of the United States
The project involves a Rerennial stream, UT to Buffalo Creek, [NCDENR-DWQ Index No.
28-78-10, Best Usage Classification C, NSW; HUC 03020101) in the Tar Pamlico River
Basin. Please note that existing conditions include a failing fill slope, guard rail section that
has not footing, highly eroding east bank of stream all which are resulting in a problem for
maintaining safe travel along SR 1401 (Tollie Weldon Road). In order to repair the failing
fill slope, Class II rip rap will be placed along the east bank of the stream. It will be
necessary to temporarily dewater the stream at this site for approximately 1 day by
placing sandbags in the creek upstream of the proposed activity and pumping water
around to re-enter the creek downstream of construction. Due to the location of the
existing channel (within the transportation facility) the stream channel will be shifted
away from the roadway fill section as apart of this fill slope repair. This proposed channel
change as well as shifting the guardrail towards the highway aft will allow space enough
for the rip rap on a 2:1 slope to provide long term stability of the stream bank and
roadway fill slope. Permanent surface water impacts associated with this work include Oft
of stream loss due to the channel shift and 75ft of rip rap armoring for stabilization.
Temporary surface water impacts will be 80ft of'dewatering which overlaps/includes the area
of proposed permanent impacts. Although the soil survey maps this area as having hydric
soils, no wetlands exist within the project footprint and therefore no wetland impacts are
proposed.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

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Riparian Buffer
The maintenance at this site involves a stream that is subject to the Tar-Pamlico River
Buffer Rules. This perennial unnamed tributary to Buffalo Creek is depicted on the most
recent version of the Ingleside (USGS 1979) topographic quadrangle (Figure 1) and the
Soil Survey of Franklin County (USDA-SCS, 2004) (Figure 2). Construction impacts at
this site will not involve riparian buffer impacts since all work to be done is within the
existing transportation facility (ETF).
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 Miti atg ion: Compensatory mitigation is not anticipated or
proposed for this project.
Protected Species
PIants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of March 2008, there are three federally protected species
listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon),
Tar spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii). The
roadway shoulders along Tollie Weldon Road and adjacent power line right-of--way are
heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area.
This perennial stream is small and within the headwaters of its system, and does not
provide suitable habitat for mussel fauna. Additionally, a review of the Natural Heritage
Program database (last updated February 2008) revealed no occurrences of protected
species within the project area. Based on lack of suitable habitat observed during the
02/27/08 site visit and the NHP database review, biological conclusions of No Effect
have been rendered for each species.
Summary
In order to repair the failing fill slope, Class II rip rap will be placed along the east bank
of the stream. It will be necessary to temporarily dewater the stream at this site for
approximately 1 day. Due to the location of the existing channel (within the
transportation facility) the stream channel will be shifted away from the roadway fill
section as apart of this fill slope repair. This proposed channel change as well as shifting
the guardrail towards the highway aft will allow space enough for the rip rap on a 2:I
slope to provide long term stability of the stream bank and roadway fill slope. Permanent
surface water impacts associated with this work include SOft of stream loss due to the channel

3
shift and 75ft of rip rap armoring for stabilization. Temporary surface water impacts will be
80ft of dewatering which overlaps/includes the area of proposed permanent impacts. No
wetlands exist within the project footprint and therefore no wetland impacts are proposed.
Construction impacts at this site will not involve riparian buffer impacts since all work to
be done is within the existing transportation facility (ETF).
Application is hereby made for a NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3627 for above-described activities. An automated payment
procedure has been implemented between the NCDOT and NCDWQ. This procedure will
enable the Division to apply for the 401 WQC without submitting a check for this permit
application. This procedure will provide payment to the NCDWQ by charging the permit
application fee of $200.00 directly to the appropriate NCDOT WBS element 5.203511.
A pre-construction notification is attached with this request.
Per General Condition 27 [Notification provision], the USACE is not copied on this
permit request. The proposed activities meet the conditions of the Department of the
Army Section 404 Nationwide Permit (NWP) 14 and the proposed impacts do not exceed
the 1/10 acre of loss of Waters of the United States. Additionally this project does not
involve impacts to a special aquatic site. Therefore we intend to comply with all
applicable NWP conditions during construction of this project, working under NWP 14
with no notification required to the USACE.
If you have any questions or need additional information, please contact Ms. Heather
Montague at [phone].
Sincerely,
~Il~ gcW rka~.-- tlwrll~
J.W. Bowman, P.E.
Division Engineer
cc: Mr. Steve Winstead, NCDOT District 3 Engineer
Mr. Jonathan Tyndall, NCDOT Franklin County Maintenance Engineer
Mr. Tim Robbins, NCDOT Roadside Environmental Field Ops Tech

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Photograph 1. View of failing fill slope, looking North.
SR 1401 (Tollie Weldon Road) -Franklin County
Photograph 2. View of failing fill slope, looking South from pipe inlet.

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Photograph 2. View of upstream of proposed work, dewatering limits at tree line.
SR 1401 (Tollie Weldon Road) -Franklin County
Photograph 3. Close up view of failing fill slope, looking South.

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Project Study Area
SR 1401 Tollie Weldong Road
Franklin County
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Franklin County
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SR 1401 Tolile Weldon Road
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SITE I - Construction Plan
SR 1401 (Tolile Weldon Road)
Franklin County
Figure 3 I' = 30'
02/28/08

Office Use Only: •. Fonn Version March OS
USACE Action ID No. DWQ No. 2 0 0 8 0 4 3 9
~~~ any par~icuiar item is not appucaoie to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
Nationwide, Regional or General Permit Number(s) Requested: NWP 14 (non reporting,)
2. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
3. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
4. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: NCDOT Division 5, J.W. Bowman
Mailing Address: 2612 N. Duke St., Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: wbowmanna,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 adetailed -site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
Page 1 of 8

impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project
red channel change, bank stabilization of the
temporary dewatering of an UT to Buffalo Creek adjacent SR 1401 (Tollie Weldon Road) in
Franklin County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS # 5.203511
3. Property Identification Number (Tax PIN):
4. Location
County: Franklin Nearest Town: Henderson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Henderson (at
junction with US 1) take Hwy 39 South for approximated 6 6 miles to Epsom. At Epsom on
the Vance County/Franklin County line make a left onto SR 1523 (New Bethel Church Road)
and travel 0 80 mile and make a right onto SR 1401 (Tollie Weldon Road). Travel
proximately 2.6 miles to the project site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.2400 °N 78.2807 °W
6. Property size (acres): 0.14 acre
7. Name of nearest receiving body of water: UT to Buffalo Creek
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is surrounded by wooded land and agriculture land.
i 0. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT proposes to repair the failing fill slope adiacerrt to an UT to Buffalo Creek. Class II
Page 2 of 8

rip rap will be placed along the east bank of the stream It will be necessary to teinporari(y
dewater the stream at this site by placing sandbags in the creek upstream of the proposed
activity and pumping water around to re-enter the creek downstream of construction Due to
the location of the existing channel (within the transportation facility) the stream channel will
be shifted away from the roadway fill section as apart of this fill slope repair Equipment may
include excavator, backhoe, bulldozer, grader and crane.
l 1. Explain the purpose of the proposed work: The proposed work is needed to repair the
failing fill slope and will provide stream bank stability while also facilitating a stronger
footing for the guardrail section along the roadway.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and descnbe 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 proposes to
repair the failin fg ill slope adiacent to an UT to Buffalo Creek Class II rip rap will be placed
along the east bank of the stream It will be necessary to temporarily dewater the stream at
this site b~placing sandbags in the creek upstream of the proposed activity and pumping
water around to re-enter the creek downstream of construction. Due to the location of the
Page 3 of 3

existing channel (within the transportation facility) the stream channel will be shifted away
from the roadway fill section as apart of this fill slope repair
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Im act
P
Type of Wetland Located within Distance to Area of

Site Number
Type of Impact
(e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Flood lain
p Stream
(acres)
(yes/no) (linear feet)
NlA
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial Average Stream Impact Area of
Number Stream Name Type of Impact or Width Before Length Impact
(indicate on map) Intermittent Impact (linear feet) (acres)
Site 1 Ut to
Buffalo Crk Fill for channel change Perennial
3 ft 50 0.003
concurrent concurrent
Temporary dewatering 80 0.005

Rip rap for stabilization 75 0.005
concurrent concurrent
Total Stream Impact (by length and acreage) 80 0.005
~. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any -other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

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

Impact
(acres)
N/A

Total Open Water Impact (acres) N/A
Page 4 of 8

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.005
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.005
Total Stream Impact (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. All wetlands and surface
waters not affected by construction will be protected from unnecessary encroachment during
construction. Strict enforcement of Best Management Practices for the protection of wetlands
and surface waters will be enforced during construction Only the smallest amount of till
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
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treshwater wetlands or,. greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlandslstnn~;ide html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Comnensatory mitiuation is not anticipated or proposed for this project
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc us/wrp/index htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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IX. Environmental Documentation (required by DWQ) ..
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (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
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* Multiplier
( uare f et) Miti ation
1 0 3 (2 for Catawba) None
/in ETF
all wor
2 0 1.5 None
all wo w/i TF
Total 0 None

* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone2 extends an
additional 20 feet from the edge of Zone L
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancemerrt, or Payment into the
Riparian Buffer Restoration Fund). Please_ attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
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XI... Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No additional impervious surface is proposed at
the project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This protect will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The project involves repairinu a fill slope and placement of rip rap along the east bank of this UT
to Buffalo Creek with a slight channel change and temporary dewatering of the work site No
additional roadway improvements will be associated with this project No additional
development will result from this action
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an .applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~w~~-- .
03~0+{~0 $

1 Applicant/Agent`s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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