20050287 Ver 1_Complete File_20050215

I,
,,. STATE u
' s 0 2-07
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 11, 2005
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
D
FEB Y 5 2005
DENR - "'-ER QUALI
FZTWv''DSANDsTCR
, TER ,, ERAtJCH
Subject: Secondary road improvements to SR 1462 (Patrick Road) from SR 1461
to US 501 in Durham County. W13S element 5C.032023.
Reference: Action ID: 199700890
WQC It 970537
Please note that the referenced authorizations were issued for the proposed project in
1997 (see attached) and have since expired. At the time the permits were issued, right-of-
way to construct the project could not be obtained. We now have landowner interest in
signing the right-of-way agreement needed to complete this improvement project.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade and
pave SR 1462 (Patrick Road) from SR 1461 to US 501 in Durham County (Figures 1-3).
Total project length is 0.97 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 1462 is scheduled to be paved as part of the Secondary
Roads Construction Program.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

2
Impacts to Waters of the United States
Site 1 - Waters of US
Construction at this site will impact an unnamed perennial tributary to the Little River
(NCDENR-DWQ Index No. 27-2-21-3.5), Best Usage Classification HQW NSW CA;
HUC 03020201] (Figure 3) in the Neuse River Basin. The existing structure that conveys
the creek is a 60-inch corrugated metal pipe (cmp) that is 40 feet long with head walls
(see Photographs 1 and 2). This pipe will be replaced with an 84-inch cmp that is 60 feet
long pipe with head walls. Permanent impacts at the site associated with the longer pipe
include a total of 20 linear feet of existing channel impacted. The work zone will be
temporarily dewatered for approximately two weeks. This will involve the temporary
placement of sheet piling in the creek nine feet upstream and 9 feet downstream of
construction. Once the stream has been dewatered, the replacement pipe will be installed
and the head walls will be constructed. To maintain water flow during construction, water
upstream of construction will be temporarily pumped out and conveyed around
downstream of the construction. Temporary concurrent impacts to the stream from this
activity will result in dewatering 38 linear feet of stream. The sheet piling will be
removed after construction.
Riparian Buffer Impacts
Site 1 -Buffers
The construction at this site involves a road crossing of a stream that is subject to the
Neuse Riparian Buffer Rule. The unnamed perennial tributary to the Little River at Site 1
is depicted on the most recent version of the Rougemont (1974/1987) topographic
quadrangle (Figure 1) as well as on the Soil Survey of Durham County (USDA-SCS,
1971) (Figure 2). The NCDOT proposes to install temporary erosion and sediment
control devices in Zone I and Zone 2 of the riparian buffer. Specifically, the NCDOT
will place of temporary rock silt check darn (Type B) and temporary silt fence in Zone 1
with temporary silt basin (Type B), and temporary silt fence in Zone 2. The temporary
structures will be removed once the vegetation has been established and then seeded with
a seed mixture of fescue and bahia grass. Please note that the placement of these
structures are within the 60 right-of-way width and their associated impacts are
included within the project total of 1262 ft in Zone 1 and 812 ft in Zone 2 (totaling
20 linear feet of riparian buffer impacts outside the Existing Transportation
Facility). Based on the impacts to the riparian buffer at this site, this crossing is
EXEMPT.
Waters of the U.S./Riparian Buffer 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.
3
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: Unavoidable impacts to 20 linear feet of stream (surface
water fill) associated with this project will be mitigated (at a 2:1 ratio) by providing 40
linear feet of stream restoration equivalent in the Neuse River Basin (Hydrologic
Cataloging Unit 03020201). All compensatory mitigation requirements will be
assimilated on a quarterly basis and provided to the Ecosystem Enhancement Program
(EEP) for their acceptance with a copy provided to the USACE for verification and
accounting purposes.
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 are three federally protected species
listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth
coneflower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii). Although the
permit site along Partick Road is at a pond, this open water is not suitable of supporting
foraging habitat for the bald eagle. The roadway shoulders along Patrick Road are
regularly maintained from the gravel to the woods line, eliminating the possibility for
smooth coneflower or Michaux's sumac to exist in this area. Therefore, based on the lack
of suitable habitat observed during the 11/30/04 site visit, biological conclusions of
No Effect have been rendered for each species.
Historical Compliance
This project has been screened by all pertinent parties to ensure historic compliance.
Latest concurrence dated 12/13/04.
Summary
NCDOT proposes to upgrade and pave SR 1462 (Patrick Road) in Durham County.
Impacts are proposed to Waters of the United States (surface water fill). Unavoidable
impacts to 20 linear feet of stream associated with this project will be mitigated (at a 2:1
ratio) by providing 40 linear feet of stream restoration equivalent in the Neuse River
Basin (Hydrologic Cataloging Unit 03020201). In addition impacts to the riparian buffers
within the Neuse River Basin are proposed. However, based on the impacts to 20 linear
feet of riparian buffer at this site, this crossing is EXEMPT.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3404 and WQC No. 3366 for above-described activities. An
4
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 of $200.00 directly to the
appropriate NCDOT WBS element 5C.032023. 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].
w
Division Engineer
cc: Ms. Nicole Thomson, NCDWQ
Mr. Battle Whitley, NCDOT
Ms. Tasha Johnson, NCDOT
Ms. Katie Simmons, NCDOT
Since ,
Jon ance, P.E.

ruotograpu Z. view of outset.
SR 1462 (Patrick Road) - Durham County
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Office Use Only: 0502 8 7brm 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
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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNance(&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:_
E-mail Address:
Fax Number:
Page 1 of 8
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 I 1 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: Proposed replacement of a structure conveying unnamed tributary to the
Little River in association with up r? adig and paving SR 1462 (Patrick Road) in Durham
County.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
WBS Element No. 5C.032023
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Durham take US Hwy 501
north towards Roxboro. You'll pass Northern Durham Highschool. SR 1462 is
approximately 4 miles north on the left.
Site coordinates, if available (UTM or Lat/Long): Site 1: 36.1489°N, 78.9107°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): 7.1 acre (Project is 0.97 mi long)
7. Nearest body of water (stream/river/sound/ocean/lake):_
Site 1: Unnamed Tributary to the Little 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/.)
Page 2 of 8
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 agriculture land.
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave, and erosion control at SR 1462 (Patrick Rd). The NCDOT will also dewater the
work site during construction. Equipment may include excavator, backhoe, bulldozer, grader,
and crane.
11. Explain the purpose of the proposed work: The project is part of the secondary rpaving
program. The existing gravel roadway will be paved with asphalt.
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.
Action ID. 199700890 Issued: June 24, 1997 (NWP3)
DWQ Project # 970537 Issued: July 17, 1997 (WQC 3103)
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, 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 One 40 ft pipe with head walls will be
replaced with a 60 ft pipe with headwalls in association with this secondary road project.
The NCDOT will also dewater the work site during construction.
Page 3 of 8
2. Individually list wetland impacts below:
Distance to
Wetland Impact Area of Located within
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Type of" Wetland***
(indicate on map) (acres) (yes/no) Stream (linear
feet
Site 1 N/A N/A N/A 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 tloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/%www.fema. w,.
*** 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: NONE
Total area of wetland impact proposed: NONE
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact*
(linear r Ifeet)mpact
near
Stream Name** Average Width
ol'Stream
Before Impact Perennial or
Intermittent'?
(leasespecify)
SW fill
(longer pipe with 20 ft
Site 1 headwalls) UT Little River 25 tt perennial
Ponded
Temporary 38 ft (concurrent)
dewatering
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wwti•,uz *s. ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to oz( ne.com,
www.mapiquest.coIII, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: -
Site _ 1: 20 1t (fill from placement of longer pipe) in addition to concurrent temporary impacts from
dewatering the site. (Dewatering 9 ti upstream and 9 tt downstream to allow room to build headwalls).
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 Waterbod
y 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 identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 4 of 8
5. 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
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 fill necessary to complete the project will be placed in waters of the United
States or protected riparian buffers
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
Page 5 of 8
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/ncwetlands/strn-igide.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. 40 ft of stream restoration by payment in the
Ecosystem Enhancement Pro g am.
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 ?
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
Page 6 of 8
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 (STA 46+38
Zone* Impact
(square feet) Multiplier Required
Miti ation
1 1262 3 N/A
2 812 1.5 N/A
Total 2074 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.
N/A
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: 2.5 acre impervious surface (avg 21 foot wide gravel road) of 7.1 acre total project size.
Proposed: 2.4 acre impervious surface (proposed 20 foot wide asphalt paved road) of 7.1 acre total
protect size. The erosion control plan for this project is designed for 900 cubic feet of storage per acre.
Erosion and sediment control devices along the project are comprised of temporary rock silt check
(Type A) temporary silt basin (Type B) and temporary silt fence. The NCDOT proposes to install
temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer.
Specifically, the NCDOT will place of temporary rock silt check dam (Type B) and temporary silt fence
in Zone 1 with temporary silt basin (Type B) and temporary silt fence in Zone 2 The temporary
structures will be removed once the vegetation has been established and then seeded with a seed mixture
of fescue and bahia grass. Please note that the placement of these structures are within the 60 right-
of-way width and their associated impacts are include within the site totals listed above.
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. Page 7 of 8

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. 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
/ , O"/j
Applicant/A
(Agent's signature is
is Signature Date
id only if an authorization letter from the applicant is provided.)
Page 8 of 8
-Zap e-
,

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 199700890 County: Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent: North Carolina Department of Transportation/S.R. 1462
Address: Attn: Ms. J. P. Brandenburg, P.E.
815 Stadium Drive
Durham, North Carolina 27704-2713
Telephone No.: [phone]
Size and Location of project (waterway, road name/number, town, etc.): S.R. 1462 from U.S.
Highway 501 to S.R. 1461, approximately 8 miles north of Durham, North Carolina. The project
is located adjacent to, and above the headwaters of, several unnamed tributaries to the Little
River.
Description of Activity: Minor mechanized landclearing and filling activities associated with the
grading, drainage installation and paving of existing unimproved roadway surfaces, having only
minor impacts upon waters of the United States and their associated wetlands (acreage
unknown).
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
Nationwide Permit
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to stop work, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies
before beginning work.
Regulatory Project Manager1-1-:-' .
Date: 24 June 1997 Expiration Date: 24 Jun 1999
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
G C`
A&4 Sou;
LT.W*WA
IT a
N -?
L7 F= F1
July 17, 1997
Durham am County
DWQ Project # 970537
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. J. P. Brandenburg
N.C. Dept. of Transportation
815 Stadium Drive
Durham, NC 27704-2713
Dear Ms. Brandenburg:
You have our approval, in accordance with the attached conditions and those listed below, to
conduct activities as described in your application dated 17 June 1997. It is noted these activities include
no fill of jurisdictional wetlands. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3103. This certification allows you to use
Nationwide Permit Number 14 when it is issued by the Corps of Engineers. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us
a new application. If total wetland fills for this project (now or in the future) exceed one acre,
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. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
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 John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
TIN
. P.E <lG? •. ` ?
yox
ti'GywAY?
970537.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATI0brr4IDE PERMIT NUMBER 14 ROAD
CROSSINGS)
This General Cer'i`ie-ation i5 1SSUed
ram- :i a„t = in conformity with the
rJn_te-=tatss of S" for. 401, Public Laws 92-500 and 95-217 of the
n - and sUC_jecr to the Norch Carolina DiviS
2C LlatiOP.S in -15A NCAC 2u S iOn of Watar
G2Ov of ec?ion .0500 and 15A NC:,C 2?
to the Mischa=ge of fill material to waters and wetland area
as described-in 33 c .--z -
_:+ci.^.eers regular 1 ? (- . e Appendix h (3) (14) of the Corps of
ors , Nationwide Perm-J:
ac_iv_t es shall ?::?-, No. 14) The category o_
ude any fill aC__'lity for road crossing is
li
mited to fill less char one-third and
remised ware- s of an acre. This Certiflcatic:
o_ Qua ty Certification N -Mber 2177 issued on November 5,
aa`, Wt 1er Qua_ity Certification Ni-Lmcer 2566 issued cr. January 21
C and a:=--_ QuGlity Certification Number 2732 iss
1 9 2) . This t'iQC is rescinded when L1eC on May 1 ,
t e Corps of Engineers reauthorize
NG,._ca:._ce PG•-a;lt 14
Na:: _ cr when deemed ac-ropriat= by the Director of t:1
- the
Ca_= ?CC_=^`CL'I?iC'JC: C?rCi:nc C°rtcS that
the spec fic?
1 ^_CC -, 4 olate appl i s 1= i
-0 3 Gc a^^ 3G7 of th 'rb_1 _ -D? _ por- ? o. s of Secticns
Laws o 500 and 9 ,-21; i t
Co:..___Cn s hereina. ter set
icrtr:.
Ccr.d_t? ..s-ct C__ti __caticn.
-?p0 c_ L or su'bszancial mod'_fication Of wetlands or
4:a_ers un'ter t^?S General Ce_ 1_1Ca'ti
on requires written
ccn?y-r r=--ce from the Division of Water Quality
- =-- width of the fill is limited to the minimum needed -:or
the acr.:a_ crossinc
3 T ? road.ray w4,4z:h shall be minimized as much as practica^1
an-4 tha:
no practicable alr_=-native exists;
A A. Pipes s'-=11 be installed under the road in all streams so as
tc carry a_ le the 25 year storm event as outline' in the
crest recen- edi-ion of the "North Carolina Erosion and
Sefime::t Cc ntrcl Planning and Design
Manual" or "North
Carolina Surface Mining Manual" in-order nct to impede f1oN.
P_pes shall be placed at or below the elevation of the
streambed S: as not to impede aquatic life movement;
5. That apprcp: ate sediment and erosion control practices
which e:ual or exceed those outlined in the "North Carolina
Erosion and Sediment Control Planning and Design Manual" or
"North Carolina Surface Mining Manual" (available from the
Di%?isio,. of Land Resources in the DEL:NP. Regional and Central
0f'lces) are utilized to prevent exceedances of the
appropriate turbidity water quality standard (50 NTUs in
streams and rivers not desig:;ated as trout waters by DWQ; 25
NTUs in all saltwater classes, and all lakes and reservoirs;
and 10 NTUs in trout waters);
6• All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division cf Land Resources has released the
prC2CC;
7. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
8. _- this Certification is used to access building sites, all
lots must be buildable without additional fill beyond that
allowed under other General Certifications. Deed
restrictions must be placed on the remaining wetlands on
these lots to restrict suture fill. DWQ shall be sent
copies of all deed restrictions applied to these lots;
9. ':'his Certification shall be utilized for roads from natural
hick ground to natural high ground. The Certification for
Nationwide Permit 18 may not be used in conjunction with
this Certi*"ication to create high ground for road access;
1o. T- an environmental document is recuired, this Certification.
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
11. That additional site-specific conditions may be added to
oroiects uroposed under this Certification in Order to
ensure compliance with all applicable water quality and
effluent standards;
12. Concurre-ce from DWQ that this Certification applies to an
indiv.dual pro ect shall expire three years from the date of
the cove= le:--er from DWQ.
Nc:.-c o. li -ce T•.__h or violation of the conditions herein se-
^_t . -y a ? project shall result revocation of
Ce_ ._--C=:_v- -or the pro3ec: and ma'y' also res..._t in cr'_Ii:'_..^.a_
ana. Or cIV__ vc.ai__25
T D__s_:' _ c- '.ne Nor--h Carolina Division of Water Quality may
c- a -orma1 a_C,:?1 4cat''_on -:or ind_'d_dual
Cc_ Z i-_C3t:C. =.^r pro4eCt in this category c- activity, if it is
,
ds:ermined that the project is likely to have a significant adverse
e'-=_: upo- water quality or degrade the waters so that existing us==
c' the wetland or dcYnstream waters are precluded.
Public hearings may be held for speci=ic applications or
croup of applications prior to a Certification decision if deemed
in the uuhlicl s best interest by the Director of the North Carolina
r.iVi-ion of Water QuSlity. r
--=ect_ve daze. 11 February 19017.
cencert.14
A. Preston H P. E.
Director
DT_VISIGN OF WATER QUI.LETY
By
WQC = 3103
N. C. DEPARTMENT OF TRANtSPORtATtON
TRANSMITTAL SLIP DATE ( V(
TO: REF. NO. OR ROOM, BLDG.
FROM: REF. NO. OR ROOMI? BLDG.
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? 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:

00
Sq OSATFR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETI'
GovFRNOR SECRETARY
June 1, 2007
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office ?}
6508 Falls of the Neuse Road, Suite 120 oGV -J -?
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Reference: Action ID: 200520582, 200520583 (03/15/05) & 199700890 (06/24/1997)
DWQ Project No. 050287 (03/11/05) & 970537 (07/17/1997)
NCDOT SR 1462 application, dated 02/11/05
Subject: As-built for permit Site I associated with secondary road improvements to
SR 1462 (Patrick Road) from SR 1461 to US 501 in Durham County. WBS
element 5C.032023.
The secondary road improvements to SR 1462 (Patrick Road) in Durham County are
currently underway. Though the Maintenance forces haven't completed construction on
the roadway itself, the Bridge Maintenance forces have finished their work on the cross
line replacement proposed in the NCDOT application dated February 11, 2005.
Field conditions warranted slight revisions to the permitted activities (see As-built
Photograph 1 and Photograph 2). Instead of building concrete headwalls at both ends of
the new pipe, a headwall was constructed only on the inlet of the new pipe. Consequently
rip rap annoring (not shown in the 02/01/05 drawing) was necessary to armor the pipe
outlet and surrounding till slope. Additionally minimal amounts of rip rap was needed
surrounding the headwall on the inlet (not shown in the 02/01/05 drawing) to stabilize the
stream banks adjacent to the headwall construction. Please note that this rip rap is limited
to the stream banks and does not exceed 4 ft linear feet from the mouth of the pipe at both
the inlet and the outlet. Also, please note that over the past two years water levels at this
crossing have decreased. Therefore the stream channel is now visible (not shown in the
02/01/05 drawing), but has been added on the attached drawing. Notice the strearn
channel location in comparison to the flood stage water limits from the 02/01/05 drawing.
As we have not exceeded our permitted footprint with these revisions, we are not asking
for a modification to the pen-nits. However we are providing an As-built drawing and an
updated PCN for your records.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

If you have any questions or need additional infonnation, please contact Ms. Heather
Montague at [phone].
Sincerely,
,fit
?1 J. W. Bowman, P.E.
Division Engineer
cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit
Ms. Tasha Johnson, NCDOT Dist 2 Engineer
Mr. Joe Ng, NCDOT Durham County Maintenance Engineer
Mr. Donald Pearson, NCDOT Roadside Env Field Ops
r
r
As-built, Photograph 2. View ofoutlet.
SR 1462 (Patrick Road) -
R• -
am County
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. LS () 22
(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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33
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: ?
Il. Applicant Information
Owncr/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: wbowmant( 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:
E-mail Address:
Fax Number:
Pagel of 8
Ill. 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: Proposed replacement of a structure conveying unnamed tributary to the
Little River in association with upgrading and paving SR 1462 (Patrick Road) in Durham
County.
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
WBS Element No. 5C.032023
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Durham take US
Hwy 501 north towards Roxboro. You'll pass Northern Durham High School. SR 1462 is
approximately 4 miles North of the High School on the left.
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): Site 1: 36.1489°N, 78.9107°W
6. Property size (acres): 7.1 acre (Project is 0.97 mi long)
7. Name of nearest receiving body of water: Site 1: Unnamed Tributary to the Little 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 agriculture land.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave, and erosion control at SR 1462 (Patrick Rd). The NCDOT will also dewater the
work site during construction. Equipment may include excavator, backhoe, bulldozer, grader,
and crane.
11. Explain the purpose of the proposed work: The project is part of the secondary road paving
program. The existin?,, y ravel roadway will be paved with asphalt.
IV. Prior Project History
If jurisdictional detenninations 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 USAGE 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 pen-nits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID. 199700890 Issued: June 24, 1997 (NWP3)
DWQ Project # 970537 Issued: July 17, 1997 (WQC 3103)
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
V1. 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 (intennittent 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.
1. Provide a written description of the proposed impacts: One 40 ft pipe with head walls will be
replaced with a 60 ft ape with headwall in association with this secondary road project. The
NCDOT will also dewater the work site during construction.
Page 3 of 8
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 Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
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 identity 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, multi 1 length X width, then divide b 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent'? Stream Width Length Impact
(indicate on ma) Before Impact linear feet) (acres)
Site 1 it Fill (piped length) Perennial 8.0 20 0.004
the L
tle River
Rip rap armoring 8 0.001
along stream bank
Temporary 20 conc't 0.004
dewatering 18 extra 0.003
Total Stream Impact (by length and acreage) 38 0.007
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, flooding, 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) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.007
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.007
Total Stream Impact linear feet): 38
Page 4 of 8
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 USAGE.
N/A
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 fill
necessary to complete the project will be placed in waters of the United States or riparian
buffers.
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 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
Page 5 of 8
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, available at
http://h2o.enr.state.nc.us/ncwetlaiids/sti-mgide.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.
The permanent loss of 20 linear feet of stream associated with this project shall be mitigated
by NCDOT providing 40 linear feet of restoration equivalent warm water stream channel in
the Neuse River basin (HUC 03020201
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://li2o.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): 40 ft _
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)
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.
Page 6 of 8
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.
Site 1
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,262 3 (2 for Catawba) N/A
2 812 1.5 N/A
Total 2,074 N/A
* Zone I 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 213.0242 or.0244, or.0260. N/A
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. Existing: 2.5 acre impervious surface (avg 21 foot wide Travel
road) of 7.1 acre total oroiect size. Proposed: 2.4 acre impervious surface (proposed 20 foot
wide asphalt paved road) of 7.1 acre total project size. All areas not paved will become vegetated
shoulders ditch lines and back slopes
Page 7 of 8
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 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 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/newetlands. If no, please provide a short narrative description:
Upgrading this roadway will not result in additional development.
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).

-f `A?plicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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March 11, 2005
Durham County
DWQ Project No. 050287
APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
secondary road improvements to SR 1462 (Patrick Road) from SR 1461 to US 501 in Durham County.
Impact Stream Impacts - Concurrent Stream Impacts - Riparian Buffer Impacts (Square Feet)
Locations Permanent Fill Temporary Dewatering-
(Linear Feet) (Linear Feet) '
Site 1 20 38 2,074 (1,262 Zone 1 + 812 Zone 2)
The project shall be constructed in accordance with your application dated received February 15, 2005. After
reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are
covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the
Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid
for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. This approval will expire 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 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 remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
Np
One
rthCaro ina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Michael t-. Easley, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
11.) Pursuant to NCAC15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
19.) For 38 linear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to
its preconstruction contours and revegetated with native vegetation.
20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. A post-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
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 that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
Si ely,
lan W. Klimek, P?__....._
JEH/nj t
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
NC DWQ Raleigh Regional Office
Central Files
File Copy
cACorrespondence\2005 SK 1'rojects\DWQ050287\030705wge.doc