20081166 Ver 1_Application_20080731

1008

STATE of NORTH CAROLINA ,Q n-
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY

July 29, 2008
Mr. William Wescott
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, NC 27889-1000 oSI166

Mr. Rob Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260

Subject: Nationwide Permit 3 Request, for the placement of rip rap in a scour hole
adjacent to a culverted stream crossing on SR 1321 (Lancaster Store Road) over Little Peachtree
Creek, in Nash County. WBS Element:

Dear Sirs:

Please find enclosed the Pre-Construction Notification for the above referenced project. The
stream crossing is currently threatened by the existence of a scour hole adjacent to the culvert.
Impacts associated with this project will be limited to the placement of rip rap in the scoured area
that is currently 5 feet long, 32 feet wide and approximately 4 feet deep. Our observations
indicate that the hole is continuing to increase in size. The hole will be filled to normal stream
elevation in an effort to stabilize the stream bed and protect the existing road crossing. This
activity will not impact wetlands nor will it require more than a temporary impact to the riparian
buffer. The temporary buffer impacts shall provide equipment access only and will not require
the removal of any trees or any significant damage to the root mat. All appropriate sediment and
erosion control measures will be taken throughout the duration of this project. Little Peachtree
Creek is in the Tar-Pamlico River Basin and is classified by the Division of Water Quality as C;
NSW 26-68-1.5.

[phone] x 3532 [e-mail]
Post Office Box 3165, Wilson, North Carolina 27895-3165

FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES

The Fish and Wildlife Service (FWS) currently list three federally protected species for Nash
County (Table 1).

Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Dwarf wedge mussel Alasmidonta heterodon E N No effect
Tar spiny mussel Elliptio steinstwuana E N No Effect

No element occurrences are listed on the NHP database within one mile of the stream crossing.
This project is not likely to jeopardize the continued existence of any of the federally protected

species listed in Nash County.

No sites eligible for listing on the National Register occur within the area of potential effect.
This project will not affect listed or eligible historic properties.

Regulatory Approvals

NCDWO Buffer Rules: As protection of existing structures is an allowable use they require
written authorization from the Division of Water Quality.

NCDM Section 401 Certification: The project qualifies for 401 General Certification No.
3494. All conditions of the general certification will be followed.

USACE Section 404 Permit: This project qualifies for Nationwide Permit 3 (Maintenance of
previously approved structures). All permit conditions will be followed. For our files, please
provide general permit verification that the activity is authorized.

Please contact Chad Coggins at [phone] if you have any questions or need additional
information. Your time and effort are appreciated.

Respectfiilly Yours,

R.E. Greene, Jr., PE
Division Engineer - Division 4

[phone] x 3532 [e-mail]
Post Office Box 3165, Wilson, North Carolina 27895-3165

Office Use Only: Foam Version March 05

USACE Action ID No. DWQ No. 2 0 0 8 1 1 6 6
(If any particular item is not applicable 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 M Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NWP3

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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
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

1. Owner/Applicant Information
Name:_ R.E. Greene, Jr., P .E., Division Engineer
Mailing Address: North Carolina Department of Tr_ ansoortation/Division 4
P.O. Box 3165
Wilson. NC 27895-3165

Telephone Number: 252) 237-6164x3501 Fax Number: [phone]
E-mail Address: rareeneOdot.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: Chad Coggins
Company Affiliation: Division Environmental Officer
Mailing Address: Division 4 - NCDOT

P.O. Box 3165
Wilson, NC 27895-3165

Telephone Number: f252) 237-6164x3532 Fax Number: (252,) 234-6174
E-mail Address: [e-mail]

Updated 11/1/2005
Page 5 of 13

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 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: SR 1321 Lancaster Store Road crossing of Little Peachtree Creek

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):_ N/A

4. Location
County: Nash USGS CasWia Nearest Town: Spring Hope
Subdivision name (include phasellot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): _ From Raleigh: Travel east
on US 64 merging onto U5 64A near Spring_Hoe Follow 64A/NC 581 aRproximately 1.75
mi. until they split and bear left on NC 581 North From there, ravel approximately 3.5 mi
and turn right on SR 1321 (Lancaster Store Road)After turning onto SR 1321. travel
anproximately one mile to crossing of Little Peachtree Creek just south of SR 1310

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): 36.0016 °N 78.1210 °W

6. Property size (acres): N/A

7. Name of nearest receiving body of water: Little Peachtree Creek (C, NSW, 26-68-1.5)

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 h_p://h2o.enr.state.nc.us/admin/mai)s/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Rural wooded

Updated 11/1/2005
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The main
focus of this project is the placement of riprap in a scour hole apprQximatel feet wide, 32
feet long;, and 4 feet deep

11. Explain the purpose of the proposed work: The purpose of this project is to fill the scour hole
to normal stream bed elevation in order to stabilize the stream bed and rotect the adiacent
culverted road crossing from being compromised by a continual enlargement of the existing
scour hole.

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.
These pipes were previously approved by 33 CFR 330.3.

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 future permit requests are anticipated at this time

VL 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 describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

Updated 11/1/2005
Page 7 of 13

I. Provide a written description of the proposed impacts: The impact associated with this
project involves the placement of rip rap in an existing scour hole in a perennial stream to
stabilize the stream bed and protect an adjacent culverted road crossing
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,
se aratel list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100 Year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no) (linear feet)
N/A

Total Wetland impact (acres)

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 or Average impact Area of
Number Stream Name Type of impact Stream Width Length Impact
indicate on ma) Intermittent? Before Impact (linear feet) (acres)
1 Little Peachtree Rip rap Perennial 32 5 0.004
Creek

Total Stream Impact (by length and acreage) 0.004

Updated 11/1/2005
Page 8 of 13

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill excavation, dredging, floodin drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) acres)
N/A

Total Open Water Impact (acres)

6. List the cumulative impact to all Waters of the U. S. resulting from the project
Stream Impact acres : .004
Wetland Impact acres): 0
Open Water Impact acres : 0
Total Impact to Waters of the U. S. (acres) .004
Total Stream Impact linear feet : 5

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.
NA

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)

VIIL 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. In an effort to minimize the

Updated 11/1/2005
Page 9 of 13

impacts of this project, the placement of rinrap within the stream will be limited to that area
encompassed by the existing scour hole The uppermost limit of the rip rap will match normal
stream bed elevation in an effort to maintain the overall integrity of the stream Impacts to the
adiacent stream bank and established vegetation will be avoided to the maximum extent
practicable.

IX. 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 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 USACE 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 (see DWQ website for most current
version.).

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.
N/A

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

Updated 11/1/2005
Page 10 of 13

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://www.nceep.net/paaes/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

X. 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 ?

XL 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
(Meuse), 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 1? 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.

Updated 11/1/2005
Page 11 of 13

* These impacts are required to gain temporary equipment access to the project area and are not
expected to cause any adverse long term impacts to the riparian buffer or existing vegetation.

Zone* nv Multiplier feet) Mitigation

1 600
2 400
Total 1000
' Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Based on Tar-Pamlico River Basin Buffer
Rules this activity is below the threshold and therefore exempt from mitigation requirements.-

XL 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.
All appropriate best management practices for sediment and erosion control will be
implemented.

X.M. 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.
N/A

XIV. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? Na

Is this an after-the-fact permit application? Yes ? No

XV. 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

Updatrd 11nr2005
Page 12 of 13

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:
This "roiect does not constitute a change in use and is not anticipated to create any additional
lmnacts to overall water quality.

XVL 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).

7-z9-ae
Agent's Sig re Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Updated 11/1/2005
Page 13 of 13

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