20061359 Ver 1_Application_20060822

STA
STATE of NORTH CAROLINA
V O t!
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2006'
4tr,?AND FNR' WATEkQ
SAND ST UA(I
DEPARTMENT OF TRANSPORTATION R"'WA ,9
MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
August 21, 2006
LYNDO TIPPETT CH
SECRETARY
Raleigh Regulatory Field Office 061359
6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed maintenance improvements to a structure conveying an unnamed
tributary to Little Lick Creek on SR 1926 (Angier Avenue) in Durham
County.
The North Carolina Department of Transportation (NCDOT) proposes to replace a pipe
conveying an unnamed tributary to Little Lick Creek on SR 1926 (Angier Avenue) in
Durham County (Figures 1 - 3).
Impacts to Waters of the United States
The project crosses an unnamed intermittent tributary to Little Lick Creek, [NCDENR-DWQ
Index No. 27-9-(0.5), Best Usage Classification WS-IV NSW; HUC 03020201 ] (Figure 3) in
the Neuse River Basin. The existing structure that conveys the creek is a 24-inch concrete
pipe that is 40 feet long with a rock headwall on the outlet. Southern railroad improvements
have resulted in a new 48" steel pipe bored under their railway in association with the high
speed rail lines. The old pipe section under the railroad will be plugged and filled and the
water re-routed into the new steel pipe. Before this can happen, NCDOT must also replace
the old pipe under Angier Avenue. A drop box will be built to connect the steel pipe with the
new 48-inch concrete pipe that is 48 feet long proposed under this project. The old 24 inch
pipe under Angier Avenue will be plugged and filled, the waters will then be rerouted
through the new pipes. (See Photographs 1 and 2). Please note that the old 24-inch concrete
pipe under Angier Avenue is perched. Existing bedrock prevented proper burial of a pipe at
this location. Water from this pipe outlets over bedrock and meanders downhill through more
rock for approximately 50ft (with a drop in elevation of about 8 fit) before reaching an actual
defined stream channel. The NCDOT proposes replace this pipe at the existing grade to meet
the railway's piped segment and provide positive drainage. It is not possible to have this pipe
buried on the outlet end.
During the construction of the project, the NCDOT proposes to temporarily dewater the work
zone for approximately 1 week. The stream will be kept in the original pipe until the new
pipe and reconnect channel work is complete. For a very short time, the water will be blocked
at the railway's pipe to prevent water from entering our site while the old stream channel area
is filled, graded, and stabilized with rip rap. Once the new channel (built to redirect the water
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
from the new pipe to the original flow line) is completed and stabilized using rip rap the
water will be allowed to flow through the new pipe. Due to the intermittent natural of this
stream pumping around should not be necessary. The old 24-inch pipe under Angier Avenue
will be plugged and tilled.
Permanent impacts at the site associated with the replacement of the structure involve a total
of 30 feet of surface water fill and 5 extra feet of rip rap in addition to the 25 it of rip rap
placed along the fill length. Temporary impacts will include the dewatering of 30 feet of
stream.
Riparian Buffer
Construction at this site involves a road crossing of a stream that is subject to the
Neuse River Riparian Buffer Rules. The UT to Little Lick Creek at Site f is not depicted on
the most recent version of the Southeast Durham (USGS 1973/1983) topographic quadrangle
(Figure 1), but this stream does exist on the Soil Survey of Durham County (USDA-SCS,
1971) (Figure 2). Construction impacts at this site total 2,197 ft- in Zone 1 and 1,446 ft2 in
Zone 2 (totaling 30 linear feet of riparian buffer impacts). Based on the impacts to the
riparian buffer at this site, this crossing is EXEMPT.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. Strict enforcement of sedimentation and erosion control Best Management Practices
for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to these sites.
CompensatorMitigation: All compensatory mitigation requirements will be left to the
discretion of the regulatory review agencies. NCDOT does not feel that this segment of
an urbanized stream provides significant aquatic function.
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 August 2006, there are three federally protected species
listed for Durham County. They include bald eagle (Haliaeetus leucocephalus), smooth
coneflower (Echinacea laevigata), and Michaux's sumac (Rhos michauxii). This site does
not provide suitable habitat for the bald eagle. The roadway shoulders along this section
of Angier Avenue are regularly maintained from the pavement to the woods line,
eliminating the possibility for smooth coneflower or Michaux's sumac to exist in this
area. Additionally, a review of the Natural Heritage Program database (last updated July
2006) revealed no occurrences of protected species within the project area. Therefore,
based on lack of suitable habitat observed during the 08/11/06 site visit and the NHP
database review, biological conclusions of No Effect have been rendered for each of
these species.
Summary
The NCDOT proposes to replace the existing structure with new pipe on new location.
Permanent impacts at the site associated with the replacement of the structure involve a
total of 30 feet of surface water till and rip rap armoring. The work zone will be
dewatered for approximately 1 week. Temporary impacts to the stream from this activity
will result in the dewatering of 30 linear feet of stream. Riparian buffer impacts at Site 1
associated with this maintenance activity total 2,197 ftz in Zone I and 1,446 ft2 in Zone 2
(totaling 30 linear feet of riparian buffer impacts). Based on the impacts to the riparian
buffer at this site, this crossing is EXEMPT.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 3, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification
(WQC) No. 3494, WQC No. 3366, and riparian buffer authorization for above-described
activities. A pre-construction notification is attached with this request. If you have any
questions or need additional information, please contact Ms. Heather Montague at
[phone].
Sincerely,
Q"t9114.41 'Aft
Jon G. Nance, P.E.
Division Engineer
cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit
Ms. Tasha Johnson, NCDOT District 2 Engineer
Mr. Joe Ng, NCDOT Durham County Maintenance Engineer
Ms. Katie Simmons, NCDOT REU Field Ops Technician
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Office Use Only: Form Version March 05
20061 359
USACE Action ID No. DWQ No.
to any pamcuiar item is not appucame to tnis project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina 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: ?
11. Applicant Information
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: JNanceodot.state. nc.us
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 o178
III. Project Information
qT!, Ell, t
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 an unnamed tributary to
Little Lick Creek on SR 1926 (Angier Avenue) in Durham County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
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 Hwy 70 on the
Southeast side of Durham take East End Avenue West over to Angier Avenue. At stop sign
make a left onto SR 1926 (Angier Avenue) and travel approximately 0.4 mile to project site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9703 ON 78.8634 °W
6. Property size (acres): 0.2 acre
7. Name of nearest receiving body of water: UT to Little Lick Creek
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 urban land and positioned between the
rail road tracks on the inlet and a wooded area on the outlet.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will replace the existing structure at Site 1 with a new pipe on new location. The
NCDOT will also dewater the work zone in phases during construction. Equipment may
include excavator, backhoe, bulldozer, grader, and crane.
11. Explain the purpose of the proposed work: Southern railroad improvements have resulted
in a new 48" steel pipe bored under their railway in association with the hiLh speed rail lines.
The old pipe section under the railroad will be plugged and filled and the water re-routed into
the new steel pipe. Before this can happen, NCDOT must also replace the old pipe under
Angier Avenue. A drop box will be built to connect the steel pipe with the new concrete pipe
that NCDOT proposes. The old 24 inch pipe under Angier Avenue will be plugged and filled,
the waters will then be rerouted through the new pipes.
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 pen-nits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 8
1. Provide a written description of the proposed impacts: The NCDOT will replace the
existing structure at Site I with a new pipe on new location. The NCDOT will install a new pipe
and gradually redirect the water back towards the stream channel. The NCDOT will also dewater
the work zone in phases during; construction
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
ePr,arntPly list imnacts clue 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 N/A N/A N/A N/A N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
1"-f hi- inr•InrIPrl Tn calculate nerenne- multinly length X width, then divide by 43,560.
111 M11 V
Stream Impact V aaaV a.w?..v?.. av . •».? ^- --^ -, ------ -- -
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 I Fill (piped length) Intermittent
I
25
0.0006
Little Lick Crk

5 extra in
Rip rap armoring addition to 0.0001
along stream bank the 25ft along
the till length
Temporary 30 0.0007
dewatering concurrent concurrent
Total Stream Impact (by length and acreage) 30 0.0007
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
[:11 ..E:..., ,a.-o`t-- flr ";nor r1rn;nnvP hulkheads- etc.
1111, CiA%. C1VCaC1V11, uavu aaa , •avv. ...• , .-.»•---- -, --------- ------
Type of Waterbody
Area of
Open Water Impact
Site Number Name of Waterbody Type of Impact lake, pond, estuary, sound, bay
( Impact
indicate on ma) (it applicable) ocean, etc.) (acres)

N/A

Total Open Water Impact (acres) N/A
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0007
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0007
Total Stream Impact (linear feet): 30
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 unnecessarv encroachment durinm
construction. Strict enforcement of Best Management Practices for the protection of wetlands
and surface waters will be enforced during construction. Only the smallest amount of till
necessary to complete the project will be placed in waters of the United States.
Page 5 of 8
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
aquatic resource will be considered in detennining 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
littV://li2o.enr.state.iie.us/ncwetlaiids/strmk,,ide.htni1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation as possible, including, but not limited to: site location (attach directions
and/or reap, 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. All compensatory mitigation requirements will be
left to the discretion of the regulatory review agencies.
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 infonnation regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/iridex.htiii. 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
Page 6of8
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A.NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Site 1
Zone* Impact
(square feet Multiplier Required
Mitigation
1 2,197 3 (2 for Catawba)
2 1,446 1.5
Total 3,643
* 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 2B .0242 or .0244, or .0260. N/A
Page 7 of 8
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. There is 0.09 acre existing impervious surface
with the 0.2 acre project site No additional impervious surface is proposed with this
maintenance pipe replacement project Erosion and sediment control devices at this site are
comprised of dewaterin and nd rip rap armoring
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/ncwetlands. If no, please provide a short narrative description:
This maintenance project 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).
G. )Zo?
08-21-0to
A plicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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