20061115 Ver 1_Complete File_20060712

4
W A T F9QG
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July 12, 2006
Franklin County
DWQ Project No. 20061115
SR 1235
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Jon G. Nance, P.E., Division Engineer
NCDOT, Division 5
2312 North 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
emergency pipe replacement to SR 1235 in Franklin County:
Stream Impacts in the Tar-Pamlico River Basin
Site Culvert Impact to Rip Rap Impact to Temporary Dewatering Total Stream
Intermittent Intermittent Stream to Intermittent Stream Impact
Stream linear ft linear ft linear ft linear ft
1 8 20 28 (Concurrent) 59
31 Additional
Total: 8 20 59 59
Total Stream Impact for Project: 59 linear feet.
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 arinus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetland Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) s in wetlands) Required (sq ft) in Zone 2 (not Required
Zone 1 (sq ft) (using 3:1 ratio) (sq ft) wetlands) (using 1.5:1
s ft s ft ratio)
1 1,671 0 1,671 N/A 1,128 0 1,128 N/A
Total: 1,671 0 1,671 0 1,128 0 1,128 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 2,799 square feet.
The project shall be constructed in accordance with your application dated received July 12, 2006. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3494 and 3366. This certification corresponds to the Nationwide Permit 3 and Nationwide Permit 33 issued by the
Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259).
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.
No??thCarolina
Transportation Permitting Unit R«ri«J
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 F. Easley, Governor
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
W ATF Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
DW-. -y- r Alan W. Klimek, P.E. Director
R
Division of Water Quality
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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 as well as those listed below.
Conditions of Certification:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction.
3. Pursuant to NCAC15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse 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.
4. As stated in your application, the placement of the culvert in the stream shall be placed below the elevation of the
streambed at the inlet to allow low flow passage of water and aquatic life. The outlet of the culvert will be placed as
low as the topography will allow, and be stabilized. 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 streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ.
5. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
6. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
8. 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.
9. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
Nooc Carolina
Transportation Permitting Unit ,afurally
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet httr):Nh2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
F WAIF Michael F. Easley, Governor
Q !? William G. Ross Jr., Secretary
\Q? QG North Carolina Department of Environment and Natural Resources
?n r Alan W. Klimek, P.E. Director
Division of Water Quality
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
16. The perniittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
17. 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. 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.
19. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
N?n iCarolina
Transportation Permitting Unit ? "`tunallJ
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet htto://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F WATF Michael F. Easley, Governor
Q iQ William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
o - ?
23. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
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, 6714 Mail Service
Center, Raleigh, N.C. 27699. 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 Rob Ridings at [phone].

Alan W. Klimek, P.E.
Attachment
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
N ? hCarolina
Transportation Permitting Unit Xi lYlill'
1650 Mail Service Center, Ralegh, 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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Ju!? 2-2006 10:51 From-DIV 5
. I ? .
919-560-3371 T-093 1`102/016 F-320
o ro?? D
w anti d
JUL 12 2006
•? r, . DENR-WATER QUALM
?%Srt Ds AND STORIAWATER BRANCH
STATE OF NORTH CAROLWA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYN00 TIPPETT
GOVERNOR SECRETARY
July 12, 2006
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6503 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609 2 6 '1 5
Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed emergency replacement of a structure conveying an unnamed
tributary to Bear Swamp Creek on SR 1235 (Dyking Road) in Franklin
County.
Heavy rains associated with Tropical Storm Alberto on June 14, 2006 (and repeat heavy
rains on 07/05106) have resulted in damage to an existing structure conveying an
unnamed tributary to Bear Swamp Creek on SR 1235 (Dyking Road) in Franklin County.
The existing pipe is undersized and has separated. Joint separation has caused the
roadway surface to collapse and shoulder failure above the outlet. The North Carolina
Department of Transportation (NCDOT) proposes to replace this structure and to repair
the associated roadway shoulder (Figures 1 - 3).
Impacts to Waters of the United States
The project crosses an intermittent stream, UT to Bear Swamp Creek, [NCDENR-DWQ
Index No. 28-23, Best Usage Classification WS-IV NSW; HUC 03020101] in the Tar-
Pamlico River Basin. The existing structure that conveys the creek is a 48-inch reinforced
concrete pipe that is 52 feet long (see Photographs 1-2). This existing structure is undersized
and has disconnected. Please note that the topographic characteristics at this site resemble
those of a mountain stream crossing. There is an approximate munty feet difference in
elevation from the stream bed above the inlet to a point forty two feet downstream of the pipe
outlet where the streant bed becomes evident again at the woods lute. Benveen the pipe outlet
and the woodsline the strearn finds it's tivav downhill amongst large holders and existing rip
rap. The NCDorproposes replace this pipe at the existing grade (buried on the inlet), but it
is not possible to have this pipe buried on the outlet end. Additionally, all stone within the
`stream channel' downstream of the pipe outlet will be left in place to maintain stability of
this stream segment. The NCDOT proposes to. replace the existing structure with a larger
pipe to be sized by our Hydraulics Unit. The replacement pipe will be 60 feet long. During
the construction of the project, the NCDOT proposes to temporarily dewater the work zone
for approximately 1 week. This will involve the temporary placement of an impervious dike
17 feet upstream and 42 feet downstream of construction. The distance to the impervious
dike downstream is required, as there is no spot prior to this at which to could capture the
Division 5,2612 N. Duko Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
JUL-12-2006 WED 10:33 TEL:919733se93 NANE:DWQ-WETLANDS P. 2
Jul-12-2006 10:51 From-DIV 5
919-560-3371 T-093 P.C03/016 F-320
stream flow. To maintain water flow during construction, water upstream of construction will
be temporarily pumped out by a hose and conveyed downstream of the construction activity
where it will be allowed to filter through vegetation before flowing into the stream. Any
effluent from the work area will be pumped into a prefabricated silt bag allowing water to
slowly filter out of the bag in a dispersed matter and the sediment to be captured in the bas.
Once the stream has been dewatered, the pipe will be replaced. The materials used for
dewatering will be removed after construction
Permanent impacts at the site associated with the replacement of the structure involve a total
of 8 feet of surface water fill and 20 feet of rip rap placed along the streambanl: to protect the
structure. Temporary concurrent impacts will include the dewatering of 28 feet of stream,
plus an additional 31 feet dewatering due to circumstances listed above.
Riparian Buffer
The maintenance at this site involves a road crossing of a stream that is subject to the
Tar-Pamlico River Buffer Rules. This intermittent tributary to Bear Swamp Creek is
depicted on the most recent version of the Ingleside (USGS 1979) topographic
quadrangle (Figure 1) and the Soil Survey of Franklin County (USDA-SCS, 2001)
(Figure 2). Construction impacts at this site total 1,671 f Z in Zone 1 and 1,128 ft` in Gone
2 (totaling 28 lfl of riparian buffer impacts). The placement of the impervious dike forty-
two feet downstream of the pipe will not result in additional disturbance within the
riparian buffer zones. 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.
Compensatory Miti ate All compensatory mitigation requirements will be left to the
discretion of the regulatory review agencies.
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 July 2006, there are three federally protected species listed
for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon), Tar
spinyinussel (Elliptio steinstansana), and Michaux's sumac (Rhus michautxii). The
roadway shoulders along Dyking Road are heavily maintained, eliminating the possibility
for Michaux's sumac to exist in this area. This intermittent stream is very small and
JUL-12-2006 WED 10:33 TEL:[phone] NAME:DWQ-WETLANDS P.
Ju1-12-2006 10:51 From-DIV 5 919-560-3371 T-093 P.004/016 F-320
within the headwaters of its system, and does not provide suitable habitat for mussel
fauna. Additionally, a review of the Natural Heritage Program database (last updated
April 2006) revealed no occurrences of protected species within the project area.
Therefore, based on lack of suitable habitat observed during the 07/11/06 site visit and
the NHP database review, biological conclusions of No Effect have been rendered for
each species.
Summary
The NCDOT proposes to replace the existing structure with larger sized pipe. Permanent
impacts at the site associated with the replacement of the structure involve a total of
8 feet of surface water fill and 20 feet of rip rap placed along the streambanks to protect
the structure. The work zone will be dewatered for approximately 1 week. Temporary
concurrent impacts will include the dewatering of 28 feet of stream, plus an additional 31 feet
dewatering due to site conditions described previously. The materials used for dewatering
will be removed after construction. Based on the impacts to the riparian buffer at this site,
this crossing is EXEMPT for requiring a written buffer authorization.
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 and WQC No. 3366 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].
ncerely, At
Jo . Nance, P.E.
Di sion Engineer
cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit
Mr. Steve Winstead, NCDOT District 3 Engineer
Mr. Jonathan Tyndall, NCDOT Franklin County Maintenance Engineer
Ms. Katie Simmons, NCDOT Roadside Environmental Field Ops Tech
JUL-12-2006 WED 10:33 TEL:[phone] NAME:DWQ-WETLANDS
P. 11
Jul-12-2006 10:51 From-DIV 5 919-560-3371 T-093 P.005/016 F-320
NAT}

SR 1235 (Dykins Road) in Franklin County.
JUL-12-2006 WED 10:34 TEL:[phone]

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Pliotogmph 1. View from upstream, looking towards inlet.
Photograph 2. View from downstream, looluug at outlet.
Jul-12-2006 10:51 From-DIV 5 919-560-3371 T-093 P-006/016 F-320
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JUL-12-20136 WED 10:36 TEL:[phone] NAME:DWQ-WETLANDS P. 8
Jul-12-2006 10:54 From-DIV 5
919-560-3371 T-093 P.009/016 F-320
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.*? n n F i i 1?j _
-1 ---- -fIXT-. e.....1:....T.leIt .,. IINT/e^ 1
(it any panlcu?ar ncai is nua UyPL164V,9 w ...,., ?,. ?.... r.- .......Y,
I. Processing
1. Check all of the approval(s) requested for this project:
EJ Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Pen-nit from DWQ
?C 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5 yon G. Nance
Mailing Address: 2612 N. Duke St Durham, NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNancePdot state nc us _
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
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Jul-12-2006 10:54 From-DIV 5
III. Project Information
919-560-3371 T-093 P.O10/016 F-320
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 snaps 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 emer e? ncy replacement of a structure conveying an unnamed
tributary to Bear Swamp Creek on SR 1235 (Dyking Road) in Franklin County.
2. T.I.P. Project Number or State Project Number (IvCDOT Only): NIA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Franklin Nearest Town: Louisbu
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Louisbur , take _Hwy
401/39 North towards Henderson fora roximatel 1.0 mile. Then make a left onto
SR 1235 (Dyking Rd) and travel West for approximately 0.3 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): 36.1305 ON 78.3078 °W
6. Property size (acres): 0.2 acre
7. Name of nearest receiving body of water: Bear Swamp Creek
S. River Basin: Tar-Pamlico
(Note -- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htlp://h2o.enr.state,nc.us/.adrnin/mapsJ.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general land us is wooded a cultural and residential.
Page 2 of 3
JUL-12-2006 WED 10:37 TEL:[phone] NAME:DWQ-WETLANDS P. 10
Jul-12-2006 10:54 From-DIV 5
IV.
V.
VI.
919-560-3371 i-093 P-011/016 F-320
10. Describe the overall project in detail, including the type of equipment to be used: So that
the failed shoulder can be repaired the NCDOT will need to renlace the existing
undersized/separated structure. Rin ran armoring will be added to stabilize the stream banks
and shoulder sections above the pipe ends. The NCDOT will also dewater the work zone
during construction. E ui ment may include excavator, backhoe bulldozer, rader, and
crane.
11. Explain the purpose of the proposed work: Heavy rains associated with Tro ical Storm
Alberto on June 14, 2006 caused heavy rains in the area of this cross line resulting in a
disconnected nine and failed roadway shoulder. This site was not identified until after repeat
heavy rains last Wednesday (07/05/06) and pavement above the pipe is collapsing.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
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.
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,
pennanent 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.
Provide a written. description of the proposed impacts: The existing pipe will be replaced with a
larger pipe that is 8ft longer. Additionally, 20 feet of rip rap is proposed to armor the_pipe ends
and the adjacent stream banks Concurrent temporary impacts for dewatering are also necessary.
Page 3 of 8
JUL-12-2006 WED 10:37 TEL:[phone] NANE:DWQ-WETLANDS P. 11
Jul-12-2006 10:55 From-DIV 5
919-560-3371 T-093 P.012/016 F-320
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
sennrntely list impacts due to both structure and floodinv_
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e,s., forested, marsh,
herbaceous, bog, etc.) Located u ithin
100-year
Floodplain
cs/no Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
N/A N/A N/A N/A NIA N/A

Total Wetland Impact (acres) N/A
2. List the total acreage (estimated) of all existing wetlands on the property: NIA
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact t9
I
ntermittent Stream Width Length Impact
indicate on ma . Before Impact linear feet) (acres
Site I Bear Swam Crk Fill (piped length) Intermittent 1.5 8 0.0003
Rip rap armoring 20 0.0007
aloe s m nk
Temporary 28 con 0.0010 con
dewatering plu3 31 ft 0.0007
Total Stream impact (by length and acreage) 59 0.0017
4. 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 eyravatinn_ rlredfrin¢_ flnndinn_ drainaae_ hullcheads- etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody

(if appLcable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (aces) N/A
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0017
Wetland Impact (acres : NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0017
Total Stream Impact (linear feet : 59
sago 4 of 8
JUL-12-2006 WED 10:37 TEL:[phone] NAME:DWQ-WETLANDS
P. 12
Jul-12-2006 10:55 From-DIV 5 919-560-3371 T-093 P.013/016 F-320
6. 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
7. 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
V11. 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 uunnecg;sary encroachment durint;
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.
`'III. 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 envirorunent 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
Page 5 of 8
JUL-12-2006 WED 10:37 TEL:[phone] NAME:DWQ-WETLANDS P. 13
Jul-12-2006 10:55 From-DIY 5
IX.
919-560-33TI T-093 P.014/016 F-320
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•/i Mo. enr. state.ne.us/newetl,inds/strut-gide.htm 1.
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.
All compensatory mitigation requirements will be left to the discretion of the repwlatory_
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 information regarding the application process for the NCEEP, check the NCEEP
website at http•//lt2o.enr.state.nc.us/carp/index.littn. 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): NIA
Environmental Documentation (required by D'1r'VQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes Z 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 envirotttnental documentation.
Yes ? No 21
Page 6 of 3
JUL-12-2006 WED 10:38 TEL:[phone] NAME:DWQ-WETLANDS P. 14
Jul-12-2006 10:55 From-DIV 5
X.
919-560-33T1 T-093 P.015/016 F-320
If yes, has the document review been finali2ed by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes 0 No ?
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 trust 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 front 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify 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* ups tacfeet) t Multiplier Required
1 1,671 3 (2 for Catawba) NIA
2 1,128 1.5 N/A
Total 2,799 N/A
M Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the cdgo of Zone 1.
XI.
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. NIA
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No additional impervious, surface is prop osEd
with this maintenance tripe replacement project. Erosion and sediment control devices at this site
are comprised of tempos dewaterint; and rip rap armoring of new stnlcture.
Page 7 of 3
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Jul-12-2006 10:56 From-DIV 5
Xll. 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.
MR. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Mules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No Z
Is this an after-the-fact permit application? Yes E] No 9
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:
This maintenance project will not result in additional development.
XV. Other Circumstances (Optional):
919-560-3371 T-093 P.016/016 F-320
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).
q94-
j 7 l,. v
Appl' a it/Agentis Signature Date
(Agent's signa re is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
JUL-12-2006 WED 10:38 TEL:[phone] NAME:DWQ-WETLANDS P. 16
Jul-12-2006 10:51 From-DIV 5
NCDOT - DIVISION FIVE
919-560-3371 T-093 P-001/016 F-320
I_
F_A_X_ Date: Z O n I Number of pages including cover sheet.
To:
Phone: c?
Fax Rhone: U q
CC:
From:
NCDOT - DIVISION 5
2612 N. DUKE STREET
DURHAM, NC 27704
QQ
Phone: [phone]
Pax phone: [phone]
REMARKS: VUrgent [a For your review ? Reply ASAP
? Please comment
5,C 1Z35 ?Dyk? '29? ?? ?
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JUL-12-2006 WED 10:33 TEL:[phone] NANE:DWQ-WETLANDS P