20061647 Ver 1_Complete File_20061023

T .d SONU_113M-0M0:3WdN 26692216%:-131 80:2T 03M 9OWd-Sd-1JU
PRE-CONSTRUCTION NOTIFICATION (PCN)
Sara Winslow
NC Division of Marine Fisheries, Elizabeth City, Regional Office
(Fax) 252-264-3723
Gary Jordan
US Fish and Wildlife Service, Raleigh, NC
(Fax) 919.856-4556
. o1zM I1): 1A;i CCCc - ! t I tr lr I
2. APPLICANT: },i^ 4"ku C
3. DATE OF TRANSMITTAL:
4. RESPONSE DEADLINE:
5. COMMENTS DEADLINE: ,Q (T(r
6. SEND COMMENTS TO: US Army Corps of Engineers
Washington Regulatory Field Office
Attn: William Biddlecome (Bill)
[phone] ext. 26
Post Office Box 1000
Washington, North Carolina 27889
Mr. John Hennessy
Division of Water Quality
North Carolina Department of Environment
And Natural Resources, Raleigh, NC
(Fax) 919-733-6893
Icon Sechler
National Marine Fisheries, Beaufort, NC
(Fax) 252-728-8728
Travis Wilson
North Carolina Wildlife Commission, Creedmoor, NC
(Fax) 919-528-9839
bCot(jgI
SiiT•d 26892C1LGT6:01 66STSL62S2 N019NIHSdM 30usn:wojd 82:21 9002-S2-100
"4 2 • d SONtU113M-OMO :3WUN
??TT ??f\NIq?
Z689SEL6T6 : X31 60:2T 2006 41W-?
?9137
STATE of NORTH CAROLINA

RECEIVED
410 I V 8 2006
9 REGUI_ATMV R 4riell
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETf
GOVERNOR SECRETARY
October 10, 2006
U.S. Army Corps ofL•nginccrs
Regulatory Field Office
Port Office Box 1000
Washington, N.C. 27889.1000
Attention: Bi1113iddlecome
Subject. Request for a NW 14 permit for road widening and pipe replacement on SR 1.402 (LA)we Road) in
Gates County.
The North Carolina Department of Tmsportation is requesting a NW 14 permit for road widening
from 16' to 20' and paving on SR 1402 (Lowe Road) in Gates County. There will also be a pipe
replacement in association to the road widening. The pipes are located approximately 0.4 mites from the
intenscction of SR 1402 and SR 1401 (Flat Branch Road). The pipes will be removed using NCDOT best
management practices for pipe replacement. The current pipes (2 (x135' x 30" RCP) will be replaced with
two 40' x 48" CMP. The pipes are located in an unnamed tributary to 13ennetts Creek. The PCN, vicinity
map, and permit drawings are included with this letter. If you need any additional information or have any
questions concerning this project please call me at 252-482-7977.
Sincerely,
Anthony Ropcr
Division One Engineer
Clay Willis 41
Division One Env?ental Officer
Cc: Darcy Ward, DWQ
Sonja Gregory, DWQ
CT?2'd S:68322LGT6:01 66ETSL62S2 N0i9NIHSUM 39dSf1:wojd e2:2T 9002-S2-190
• •d SaNU113M-OMa:3WdN Z689Z2L6T6:-131 60:2T 03M 9004-Sd-1JU
Pipe Replacement on SR 1402 (Lowe Road) in Gates County
Located in the Chowan River Basin. 24K Quad Name Merchants Millpond.
_ . ` ,.? ! _ ? • , ? :1 ? ? ? ~'?' . ! fit' J ?? - . ?° r ? .1 ??lf'i ?t'i 1 ) I l: f;
nj ? ? fit. , ^ if ` j - .. j ` ??
J (4< t
'3•l\.? ? ?'-?.?'?-'ti• ? .'?.?f'.??N'7'
?.?1. ? i I I+) a f?l f,? ??'" ?. ?. ?S !,F t y4`a? •w (,f 1 L,?? l [?7 ?'
7 , 76.720 11?1 W.
? ?, 111, ),' • s' c; . `-?.?`.. ? ?. `. i? ) ? ?• .? -
Lumtxy
j DM
40
N
W E
S
FTrZ'd ?689??L6T6:o1 66ZTSL62S2 N01SNIHSHM 33usn:woj3 82:2T 6002-52-100
V •d SONU113M-OMa:3WdN 2689221GT6:-131 60:2T 03M 9002-S2-190

II?
li
1,1
11?
11
I i?(x
if
II?
rl
?f)
I I
?I
it
.I
II,
?li
t; V ( 1
{J ? ? t 'A
? 4 .
w x .1 t
b
0.
N V
x
•
H m
X
W (?i
W N
v
c
2T/t, ' III
J----
x
i;
II1 I
II
If x
>?f? I
II I
II
11
.x
11
W
Q.'
I
P?
a +?
W
1r
PT 39r}d.91 f
?? I o
11
1 K

0
ca
L
Q N
C1,

'f = o

t~ w v
C
E
o
. to
.?

0 F-
Z
U
z O
a
V

.cle
r;
11 ? r?ON ? d
N ?
tl ? ? F'', ??
I .- U ¢
a o
1
t
r
1 1I
?689?OZ6T6:o1
?' o 0
/ O
-1•
u
L2 a
41
a

U
fl
? H

M
ti r
a
662TSZ62S2
a ,

w ` ?
g I
I '
'
W
Ir I '. • 1
? C
C

d
I

0
w
co
.t
W
0
W
m
w
M
D
co
0
V)
w
id
hvt
? ? fYl
z q

F
u lu
c w X
H E W
t
m
4

2
u
a? T 1,Lc H
CA ? r

M
?
F
yW ll,,11
to Z D O
W IL c
U. m
1- I ?
NOiSNIHSHM 30HSfl:wojd 82:2T 4
9002-?
2-100
S 'd
SONd-113M-0M0:3WUN 2689S2LGT6:_131 60:21 03M 9002-S2-190
Office Use Only: Form vm;ion Mwvli 05
USACE Action I'D No. DWQ No. q
(If any particular item is not applicable to this project, please enter "Not Applicable" or
1. Processing
Der 1 8 220001
1, Check all of the approval(s) requested for this project: WG1JlpTf P MUM
® Section 404 Permit ? Riparian or Watersh lBuffer Rules
? Section 10 Permit ? Isolated Wetland PernAt from DWQ
® 401 Water Quality Certification ? Express 401 Watcr Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
3. If this noti fication 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 Vill,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties Qisted on page
4), and the project is within a Norih Carolina Division of Coastal Management Area of
Environmental Concern (seethe top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Clay Willis, NCDOT Division I Environmental Officer
Mailing Address: 113 Airport Drive
Suite 100 _
Edenton. NC 27932
Telephone Number: [phone] Fax Number: (252) 482-23722
E-mail Address: tcwillis(n)dot.state nc s
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: N/A _
Company Affiliation:
Mailing Address: -
Telephone Number: Fax Number:
E-mail Address:
Updated 11112005
Paee5ofl2
21/5'd 26892SLGT6:01 66SiSL62S2 NOIJNIHSdM 33usn:wcjj e2:21 9002-52-190
9 'd SaNti_13M-ONO:3WdN
111. Project Information
268922Z6T6:121 OT:2T a2M 9002-S2-100
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1402 (Lowe Road) Grade Drain, Base and Pave, Gates County
2. T.I.P. Project Number or State Project Number (NCDOT Only)- 10.0037039
3. Property Identification Number (Tax PIN):
4. Location
County: Gates Nearest Town: Gatesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Gatesville, take -NC
37 south for approximately 1.06 miles Turn left onto SR 1401 (Flat Branch Road). Go
approximately 1.4 miles and turn right onto SR 1402 Lowe Road. The pipe is located
approximately 0.4 miles from SR 1401 on SR 1402.
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): 36.4017111 "N 76.7202111 °W
6. Property size (acres): 3.6 acres
7. Name of nearest receiving body of water: Unnamed tributary to Bennetts Creek
8. River Basin: Chowan River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:!/h-o.enr.stnte,nc,tis/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of tltc project
at the time of this application: woodlands rural residential
up&tcd 1 111r005
Page 6 of 12
ET/9'd 2689221GT6:01 66STS162S2 N019NIHSUM 23ousn:wojd e2:m 9002-S2-100
Z 'd
IV.
V.
VI.
SCNU-113M-OMa:3WUN 26892216%:-131 OT :2T 03M 9002-S2-100
10. Describe the overall project in detail, including the type of equipment to be used: Replace
the existing pipes (2 CaJ 35' x 30" RCP) with theproposed pipes 40' X 48" CMP with riprap
headwalls on both ends on its current alignment. The current pipes will be removed entirely.
Proper till will be used to bring road to existing height. Roadway will he widened and paved
to create safer travel 1P.nes for the public. Heavy equinment used will he an excavator,
backhoe. and dump trucks.
11. Explain the purpose of the proposed work: To replace two structurally deficient pines and
upgrade existing gavel road to current standards for apaved surface secondary road.
Prior Project History
If jurisdictional deternunations 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, aad 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.T.P. project, along with
construction schedules. A COE NW 18 permit with the action I.Q. number 200110419 and a
DWO 401 permit with the project number 01-0317 was issued for another portion of this read
This project was permitted for 0.091 acres of wetland fill and 10 linear feet of stream impacts.
NCDOT has now received right-of-way for nnother portion of this road and would like to widen
and pave it
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.
None
Proposed Impacts to Waters of the United StstesMaters 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)
uptatLTt ]111/2005
Pagc 7 of 12
?T?Z'd 26892S16T6:O1 6EETS162S2 NOi9NIHSUM E3us l:woj3 62:2T 9002-S2-100
e 'd
SGNU-l13M-OMa:3WdN E6892216T6:-131 OT :2T 03M 9002-S2-190
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: This nroiect will have 5 linear
feet of stream impacts and no wetland impacts.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainagc, etc. For dams,
scoarately list impacts due to both struLture and flooding. N/A
Wetland Impact
Site Number
(indicate on map)
Typc of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
eslno Distance to
Ncarest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: None
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number

indicate on
Stream Name
Type of Impact
Itern nterrtnialtittenr.
c f Avernge

Strcam Width
Before Impact Impact

Length
linear feet Area of

Impart
acres
Site 1 Unnamed tributary
to Bennetts Creek Fill Perconial 6-8 Fect 5 feet 0.001

•
Total Stream Impact (by length and acreage) 5 Feet 0.001
Updatrd 11112005
Pagc8of13
ST/8'd 26892216T6:o1 66STS162S2 NOIJNIHSdM 3Ousn:wojd 62:2T 91J©2-S2-100
6 'd
SGNH-l13M-0M0:3WUN 268922L6T6:-l31 OT:2T Q3M 9002-S2-100
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
till, excavation, dredging, flooding, drainage, bulkheads, etc. [Pone
Open Water Impact
Site Number
indicate on ma) Name of 1Vaterbody

(if applicable)
Type of Impact Typc of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting, from the proiect:
Stream Impact acres : 0.001
Wetland Impact (acres : _
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact linear feet : 5 Peet
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.
8. Pond Creation N/A
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., damicmbankment, excavation, installation of
draw-down valve or spillway, etc.);
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area.,
VII. Impact JustIfeation (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 construt;tioa
techniques. to be followed during construction to reduce impacts. Pipe replacement is going
Updatrd H/1/2005
Pagc9of13
ZT/6'd 26892216T6"1 66ETS162S2 N019NIHSHM 30tsn:wnj3 62:2T 90©2-52-100
OT 'd
SGNU113N-ONO:3WdN 2689=6T6:-181 OT:2T 02M 9002-S2-100
stay on the existing alignment and traffic will be detoured around the site by an offsitc detour.
This will reduce temporary impacts to wetlands and the stream by not using an on-site detour and
keeping the mad open. The proposed pipes are longer to create wider shoulders for safer public
travel and wider to return the stream to natural flow regimes.
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
Pennits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littw/ l12o.L-nr.state.nc.u,-,/ncwetlmds/strmiide.html.
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, ifoffsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Updated 11/12005
Page 10 of 13
ST/OT'd 2ee92SLGT6:c1 662TSL62S2 NOIJNIHSUII 20bsn:wojd 62:ST 9002-52-100
2T 'd
SaNd118M-0Mat2WdN 26992D_GTG:_131 TT:2T OEM 9002-S2-190
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If butler mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I Impact
Mulliplicr
Required
3 (2 for Catawba)
1.5
3.
Tohs1
Zone 1 extends out 30 fat perpendicular from the top of tho n=
additional 20 feet from tic algc of Zonc 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B.0242 or.0244, or.0260.
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. impervious acreage will increase by 0.24 acres.
XIL 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.
't'here is no sewage disposal associated with this proiect.
X111. 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.ne.us/newetlands. If no, please provide a short narrative description:
Updated I l/In005
Page 12 of 13
; Zonc 2 cxtcnds an
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
2T/2T'd 5689=SL6T6 01 662TS162S2 NOiONIHSdM 30usn:wojd oS:ST 9002-52-190
OCT-25-2005 13:30 From:USACE WASHINGTON 2529751399
C i jo £ 104sd
500&IJI l p;;'LTd(1
('papcnoid st ;uuailddu aip uzoij njpj uogr.zuoq;nu Uu3i AJuo prlrn %I UjMUU3ts s,;uai?d)
a?ud ;)Anjuals s,jua` ?uuailddd

•(loiiuoo spuntiddu ag13o appino sanssc .lagio io `sw;Dlgosd Xilllgissaoou `saiaadS paua;ugaILL
puu p3xa,3uEpug q;cnx pa;upossu sa;up 'swil=l and salnpogos umop-.warp ' 3•a) satnpagas :pom
uo s;!tull osodwt Rutu ;ug; $utouanWs 1o not;ocu;suon glya pa; ossu s;u111usuoa ;s1J o; asoogo
A1;us juuailddu ug 'lanan,olJ s;!auad asap ja3 aui.1 $uxssaaold Aollu o; sa;np uol;onasuoo
pailsap 3o aaurnpu ui SpuaiolUns uogsoilddu oq; 1tuigns of /4 gtgrsuodsac s,;uuoliddu aq; sl JI
:(luuot1do) saauulsiummi a0410
To:9197336893 P.13/13
'AX
OCT-25-2006 WED 12:11 TEL:[phone] NRME:DWO-WETLANDS P. 13
O?O? W A T F9PG
>_ y
O C
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
October 23, 2006
Gates County
DWQ Project No. 20061647
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands
Site Number (acres) Streams
(linear feet)
Fill Excavation
1 0 0 5
Net Total Impacts 0 acres 5 ft
The project shall be constructed in accordance with your application dated October 10, 2006 for the purpose of the widening
and paving of, and pipe replacement on, SR 1402 (Lowe Road) in Gates County. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Number 3404. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. 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 issued by
the US Army Corps of Engineers (this supercedes Condition 19 of General Certification 3404 issued on March, 2003).
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 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.
3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
4.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
N OnCarolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] QtllCQ?lf?
FAX [phone] Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recyded/10% Post Consumer Paper
1
1
5.) 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.
6.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
7.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate
modification. 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.
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.
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.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, 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.
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.) 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.
14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
15.) Placement of culverts and other structures in waters, streams, and wetlands shall 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 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. If this condition is unable to be met due to bedrock or other limiting features encountered
during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a
permit modification will be required.
16.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and
National Marine Fisheries Service. In addition, the permittee shall conform with the NCDOT policy entitled "Stream
Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
17.) The permittee 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.
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.
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 Garcy Ward at [phone].
terely,
for Alan W.
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, DWQ, 401/Wetlands Unit
Central Files
File Copy
WQC ##3404
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to Interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre In non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 Issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 Issued on February 11, 1997, Water
Quality Certification Number 3289 Issued on June 1, 2000 and Water Quality Certification
Number 3375 Issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will riot violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
If conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream Impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts; bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (Including
construction Impacts) spans the entire bed and both banks of the stream, is only
used for a road, drive% ay or path crossing, and Is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wet:ands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all Impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
Including but not limited to filling and dredging shall be considered waters Impacts;
2. Proposed fill or substantial modification of wetlands or waters (Including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway Impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed In accordance with 15A NCAC 28 .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds In this General Certification, all Impacts to
perennial waters and their associated buffers require written approval from DWQ since
such Impacts are allowable as provided In 15A NCAC 23. 0212 (WS-1), 2B .0213 (WS-II),
2B .0214 (WS-III) and 213 .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus Increases In impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-speclfic stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have Impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, In watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #13404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before th'e impacts specified In this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality,
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quallty.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream Impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream Impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must Include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current dusign and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required In those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be Implemented and/or
constructed before any permanent building or structure on site Is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitlgation bank or other In-lieu fee program, as specified In the written
concurrence of 401 Certification for a project. Please note that if a stream relocation Is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work In North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the Impacts resulting from the relocation;
WQC #3404
10. For any project Involving re-alignment of streams, a stream relocation plan must be
Included with the 401 application for written DWQ approval. Relocated stream designs
should Include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed In the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should Include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it Is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation Is not practical on-site, then stream
Impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be Impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology 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 to do so In writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes In hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practicer which equal or exceed those
outlined In the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) In the DENR
Regional or Central .Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming Into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
i
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work Included In the
401 Certification has been complot9d;
19. Concurrence from DWQ that this Certification applies to an Individual project shall expire
three years from the data of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner. .
Non-compliance with or violatlon of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a.
formal application for Individual Certification for any project In this category of activity that
...............requires-written concurrence under this certification, If, it-Is•determined that•the-project-Is likely to - - - -
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the .wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: Z$ March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek; P.E.
Director
WQC # 3404

M 5TAIF
OC ,OC%
l
`?T?Nps NR: ?? 12 ??
gNOS oRM?gqury?6
Cy
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 10, 2006
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
Attention: Bill Biddlecome
LYNDO TIPPETT
SECRETARY

Subject: Request for a NW 14 permit for road widening and pipe replacement on SR 1402 (Lowe Road) in
Gates County.
The North Carolina Department of Transportation is requesting a NW 14 permit for road widening
from 16' to 20' and paving on SR 1402 (Lowe Road) in Gates County. There will also be a pipe
replacement in association to the road widening. The pipes are located approximately 0.4 miles from the
intersection of SR 1402 and SR 1401 (Flat Branch Road). The pipes will be removed using NCDOT best
management practices for pipe replacement. The current pipes (2 @ 35' x 30" RCP) will be replaced with
two 40' x 48" CMP. The pipes are located in an unnamed tributary to Bennetts Creek. The PCN, vicinity
map, and permit drawings are included with this letter. If you need any additional information or have any
questions concerning this project please call me at 252482-7977.
Sincerely,
Anthony Roper
Division One Engineer 2
f /!
Clay Willis Gc/ ?/"?
Division One Envtrental Officer
Cc: Garcy Ward, DWQ
Sonja Gregory, DWQ
Pipe Replacement on SR 1402 (Lowe Road) in Gates County
Located in the Chowan River Basin. 24K Quad Name Merchants Millpond.
i I', ? ? ?[ ? I ,• ? .^•--i .? -r C. tip . (.,,? ?I ~ `?1^:,r;??? ., \ V
II ? 7
L
? :; ? ?`? I' -1'( -. // '?/ ?? ?., C??? - :•H'1? .'`? GI's.. ? ?S 1 ?t'J ? I: ?I? -' L ,z,?. ?1 ,_? _ ?'..,,.!
r at
I -A
1 li ?/ v 1, / 7 -? 11 1 1l
r 01401
1`I _1 "~%_? ? 11 `•?t ? .rra? i?=- t`J Jt •??r \. ?i?l .? fY:}%? ???."
__-Locati n
1 ?- - / 76.720 1 `71 W
E, `!?, fit, Iti •.'. t 1 f y `_.? ti ? ? ? _ ! I 1 1 \ \ :1
If ` I 1
Lumber + • • __ .t I t f,
?•??? _ III I I J , i, - ? n 1 ) : _.. ,? ? t + ? j'
N
W +E
S'.

ii
I
I II
..I
11
;.I
I I
II
ii
i i
13; ;I
O
N
II U
OC
7
J m
w x
0
m
@j a
N U
Z o
N X
w in
x
w @j
W N
=
J I
CL
UJ 3

1 1?
\.1
\
?II x
l
i i I
ii

I
ii x P?
E
I, I o
i ?II
L
Z
I
C
m ? ? ? uJ
?II
,I
II
••x
11
35+38.91 f
FIT
i.
:x
I .\1 N
'; /
t? N? -
11 ? % l
'4Ive,
1 `c F -I ~ f /
/ . Ssr!'\.S5
•O \ 1
11
I ? h
?t
1 1
ll?? \
1
1
P
.9?
G
U low
d p
0
O
t?
L
? a
a ?I
tJ
C „
U u
<
11 d
? N
v
dx <
.z w
M
J
LLJ
PC ~
c
0
cz
L
0 cn
o. a
tn CZ
3
0

LLbl ..

CT)

w
O J

LLJ -- 0
c
LU v
a 0 'qc ce
•
E

JZ) > U
H
U 0 cc
z
u a.
\ g? I
I.
I Cc';
I? g A
I w
II W
0 V)
. ? I O
( ? 1
Z I s r, 1 N `,
46
IW 1
? N 1
3 I$ 1 W
w
> I h I
W I 1
I
a
w.
m
<
w
w
m
0
H
D
co
O
tn
W
[L
N
a
co
Fes- w a
v w I?' m
CL w
< a v
rZ
N I•- _
INC
ui < J
a
V) tn U U F-
H w w c
•7O I <
Office Use Only: Forin Version March 05: 20 0 6 1 .6 4 7
USACE Action ID No. DWQ No.
(it any particular item is not appucaote to utts project, please enter -tvot r+ppttcauw ur nit-1 .)
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: NW 14
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: ?
if. Applicant Information
Owner/Applicant Information
Name: Clav Willis, NCDOT Division 1 Environmental Officer
Mailing Address: 113 Airport Drive
Suite 100
Edenton, NC 27932
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: tcwillis(&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: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1402 (Lowe Road) Grade Drain Base and Pave, Gates County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 1C.0037039
3. Property Identification Number (Tax PIN):
4. Location
County: Gates Nearest Town: Gatesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Gatesville, take NC
37 south for approximately 1.06 miles. Turn left onto SR 1401 (Flat Branch Road). Go
approximately 1.4 miles and turn right onto SR 1402 Lowe Road. The pipe is located
approximately 0.4 miles from SR 1401 on SR 1402.
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): 36.4017111 ON 76.7202111 °W
6. Property size (acres): 3.6 acres
7. Name of nearest receiving body of water: Unnamed tributary to Bennetts Creek
8. River Basin: Chowan River Basin
(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.ne.us/adlnin/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:woodlands, rural, residential
Updated 1 1/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: . Replace
the existing pipes (2 (@ 35' x 30" RCP) with the proposed pipes 40' X 48" CMP with riprap
headwalls on both ends on its current alignment. The current pipes will be removed entirely.
Proper fill will be used to bring road to existing height. Roadway will be widened and paved
to create safer travel lanes for the public. Heavy equipment used will be an excavator,
backhoe, and dump trucks.
11. Explain the purpose of the proposed work: To replace two structurally deficient pipes and
upgrade existing gavel road to current standards for a paved surface secondary road.
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. A COE NW 18 permit with the action I.D. number 200110419 and a
DWQ 401 permit with the project number 01-0317 was issued for another portion of this road.
This project was permitted for 0.091 acres of wetland fill and 10 linear feet of stream impacts.
NCDOT has now received right-of-way for another portion of this road and would like to widen
and pave it.
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.
None
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)
updated 11/1/2005
Page 7 of 12
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: This project will have 5 linear
feet of stream impacts and no wetland impacts.
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,
..a..t.. t:-? m- A,,n tr, l,ntl, ctr ie-hirp anti flnnding. N/A

Wetland Impact

Site Number
(indicate on map)

ype of Impact T e of Wetland
yp

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within

100-year r
F 00-year
es/no) Distance to

Nearest
Stream
linear feet) Area of

Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: None
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
b 1 d d T calculate acrea a multi 1 length X width, then divide b 43,560.
MUSE
Stream Impact
Number
indicate on ma a 1nC u e 0

Stream Name ,

Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Impact
Impact
Length
linear feet)
Area of
Impact
acres
Site 1 Unnamed tributary
to Bennetts Creek Fill Perennial 6-8 Feet 5 feet 0.001

Total Stream Impact (by length and acreage) 5 Feet 0.001
Updated 11/1/2005
Page 8 of 13
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredaina, flooding, drainage, bulkheads, etc. None
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact acres : 0.001
Wetland Impact (acres :
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 5 Feet
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Pipe replacement is going to
Updated 11/1/2005
Page 9 of 13
stay on the existing alignment and traffic will be detoured around the site by an offsite detour.
This will reduce temporary impacts to wetlands and the stream by not using an on-site detour and
keeping the road open. The proposed pipes are longer to create wider shoulders for safer Public
travel and wider to return the stream to natural flow regimes.
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 enviromnent are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:/A12o.enr.state.nc.us/ncwetlands/strm,gide.htm1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Updated 11/1/2005
Page 10 of 13
Enhancement
h Carolina Ecosystem NCEEat
tact the
the N°rt responsibility to co nN p indicating
ent into CEE or
be made by pa s the appllct?ten approval from d to this form. EEP
may also e note it and `Nrit ust be CEEP check t lease
2 Mitigation CEEP) pleas avai ent for'the mitigation for the N is prop
(919) osed, p
prod (3416 to determi o yn1 roCess of the NCEEP
15 will to accept a the application p If use ation.
that they are ormation regar ding us1"`w Linde rovide the following
addition inform
al inf .lm2o•enrstat page five andp
website at htt' riate boxon ear feet):
check the approp ueSted (linare feet):
1.0 'ati°n re nested (squ acres):
mount Of stream - - Lion req at. requested (acres),
fbuffer mitiga itig nested (
Amounto
man wetland Mitigation
d mitigation regd acres):
t of Rip wetlan anon ueste
a or the use of
Amours t o f Non-ripa'an mitig rcq funds
amount o f Coastal wet
uired by DW ub Q) lic (federallstatellocal
r
cnta ? to the
ntalDocum ela efpenditur Ye p? N° ent puts uant
cct envoiv docum v AISEP A)?
EnvirOnTnc
IX• Does the pro tale) lands an environment 1 policy Act (cal the
ubl sEPA
1 pic (federal1s reparation Of required entatiOn'
P nvironme ental
ect require CarolinSEpA document is docum
es, does the PTO, the National or North a NEP? esholds for environm
IT quirementou a e not sure whether view current thr house if s°, pleas
Note: If y 919) ,133-5083 tore
the state Clearing r1o ?
coordinator at (No ® yes ?
finalized b l
Yes been etter
?
r or1SEp p, final appro y
as the document pW Q) all impacts
3 If yes, a copy Of the NEP P' tcrshed Buffos (rcadairedbelineate'd ma ust also pro`
attach W a determine' e applican m be listed hey
Riparian and
acts on p nt?s) responsibilitvy th the
Nil prop p,11 bliffers
)Posed ImPnt's (°r age
prffers associated VII above' ence from the
ed s
esp
X' It is the app and local bu section ng site plan' ond
ed includ
the accompanyi C° also
requir for these imp the buffers. ay
state acts le on hs
m
photograp
ustification be
tifiab are pro pposed toropriate. N
j
and must be cleorl not ideimpacts
cluded as ap CAC TO
be in
whether within 151
map' al Office may tified (Catawba) 15A
ide
etion , or other
Region arian buffers n C 02B .0
cants discr 243
am guf irements)
A Requ
apple rotected ri-P 15
er
act p lic0),
the PTO3 SCAC 2g .0259 (T d water supply N
1 Will o
(Neu$e),15A Rules ?
.0250 (Randleman )7 Yes
identify
r11
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from'the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wm/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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.
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
Updated 11/1/2005
Page I 1 of 13
2.
3.
If "yes", identify the square feet and acreage of impact.to each zone of the riari buff errs.
If buffer mitigation is required calculate the required amount of mitigation by applying
buffer multipliers. AsrniirPrl
iotat i -J
* Zone l 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.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration ,
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 or.0244, or.0260.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
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. Impervious acreage will increase by_024_acres.
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.
There is no sewa e dis osal associated with this project.
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:______
Updated 11/1/2005 Page 12 of 13
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).
Aul Z&V /o i 1/&W
Applicant/ ent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13