20061740 Ver 1_Complete File_20061117

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November 17, 2006
Edgecombe County
DWQ Project No. 20061740
US 258 over Barnes Canal
Moving Ahead # MA-40013
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAAILICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. R.E. Greene, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene;
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
extending a box culvert on US 258 in Edgecombe County:
strum impacts in theTar-Palnlico River Basin
Wo lanrl Tmnactc in the Tar-Pamlico River Basin
Site Excavation and Fill
ac Hand Clearing
ac Total Wetland Impact
ac
1 0.009 0.008 0.017
Total 0.009 0.008 0.017
Total Wetland Impact for Project: 0.017 acres.
Tar-Pamlico Riparian Buffer I111 acts
Site Zone 1 ntfitus = Zone 1 Zone 1 Buffer Zone 2 triirttls = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
S ft
1 312
8 0 8,312 N/A 2,682 0 2,682 N/A
Totals ,
8,312 0 8,312 0 2,682 0 2,682 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no rmtrganon required
Total Buffer Impact for Project: 10,994 square feet.
- One
NoViCarolina
Transportation Permitting Unit ?I M rally
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
Site Permanent Fill in Perennial
Stream linear ft Total Stream Impact
linear ft
1 40 40
Total 40 40
Total Stream Impact for Project: 40 linear feet.
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W
T Michael F. Easley, Governor
A
_J
OF
? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\O
Cl Alan W. Klimek, P.E. Director
) ??y Division of Water Quality
l

The project shall be constructed in accordance with your application dated received November 6, 2006. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 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 213.0259). 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.
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. In addition, any stormwater runoff directed at wetlands shall be at
nonerosive velocities.
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 NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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. 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.
5. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
6. 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.
7. 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.
8. 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.
N,ppt0 Carolina
Transportation Permitting Unit Na"11 fr2;
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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
F WATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
\OC? OG North Carolina Department of Environment and Natural Resources
6wn - Alan W. Division of Klimek, P.E. Water Direct Quality
`_
9. 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.
10. 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.
11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. 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.
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by 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.
One
NhCarolina
Transportation Permitting Unit JVafirrally
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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
OF W ArF9 ivucnaui r. r-amcy, vuvum i
William G. Ross Jr., Secretary
\OC,' OG North Carolina Department of Environment and Natural Resources
Uj 7 Alan W. Klimek, P.E. Director
r- Division of Water Quality
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.
Attachments (General Certifications and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
N rdiCarolina
Transportation Permitting Unit Alaturally
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.st ite.nc.uslncwetlands
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 19, 2006
Jamie Guerrero
North Carolina Department of Transportation
P.O. Box 3165
Wilson, NC 27895-3165
Dear Mr. Guerrero:
.r ? lea
This letter is in response to your letter of September 19, 2006 which provided the U.S. Fish and Wildlife
Service (Service) with the biological determination of the North Carolina Department of Transportation
that the extension of the double box culvert on Barnes Canal under US 258 in Edgecombe County may
affect, but is not likely to adversely affect the federally endangered Tar spinymussel (Elliptio
steinstansana). These comments are provided in accordance with section 7 of the Endangered Species
Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
According to information provided, a mussel survey was conducted at the project site on September 13,
2006. The survey extended 100 meters upstream and 300 meters downstream of US 258 to the
confluence with Tar River. No mussels of any species were observed, and no habitat for mussels was
present. However, the Tar spinymussel has been historically found in the Tar River near the confluence
with Barnes Canal.
The banks at the existing culvert are eroding and thus contributing to downstream sedimentation. The
proposed project would provide for long term bank stabilization, thus reducing sediment input into Barnes
Canal and potentially benefiting the Tar spiny-mussel downstream in the Tar River. Based on all available
information, the Service concurs with your determination that the proposed project may affect, but is not
likely to adversely affect the Tar spinymussel. We believe that the requirements of section 7(a)(2) of the
ESA have been satisfied for this species. We remind you that obligations under section 7 consultation
must be reconsidered if (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered in this review; (2). this action is
subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or
critical habitat determined that may be affected by,this identified action.
The Service appreciates the opportunity to review this project. If you have any questions regarding our
response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
Pete Benjamin
Field Supervisor
cc: William Wescott, USACE, Washington.. NC
Rob Ridings, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
/VO
~??• j L V
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
pry
GOVERNOR SECRETARY c
October 27, 2006
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000 _
(One Copy)
Mr. Rob Ridings 3 ?l- }
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604-2260
(Seven Copies)
Subject: NWP 3 and 33 Notification and Buffer Authorization Request, for the extension of the
culvert on Barnes Canal under US 258, Edgecombe County. MA40013
Dear Sirs: W (3 5?R l 1(Doti .4D3310
Please find enclosed the Pre-Construction Notification for the above referenced project. The existing
double box culvert (8'x 10'x 70' long) will be lengthened by 40 feet (20 feet on each side). The extension
of the box culvert is necessary in order to increase shoulder width and to prevent the continual erosion of
the banks. The project will provide for long term bank stabilization, thus reducing sediment input into
Barnes Canal. Traffic will continue on US 258 during the culvert extension. There are impacts to buffers
and Waters of the U.S./State associated with this project. Barnes Canal is located in the Tar-Pamlico
River Basin and discharges into the Tar River classified by the Division of Water Quality as C NSW 28-
(80).
All work will be done in the dry. The stream will be diverted into one side of the double box culvert while
work is performed on the other side. Sheet pile cofferdams will be used to divert the flow of water. Best
Management Practices for the Protection of Surface Waters will be strictly adhered to during the extension
of the culvert.
[phone] x 3532 [e-mail]
Post Office Box 3165, Wilson, North Carolina 27895-3165

FEDERALLY-PROTECT SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list two federally protected species for Edgecombe County
(Table 1).
Table 1- Federally Protected Species of Johnston County
Federal Status Habitat Biological
Common Name Scientific Name Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Tar spiny mussel Elliptio steinstansana E N May Affect, not
Likely to
Adversely Affect
A mussel survey was conducted at the project site on September 19, 2006. None of the federally listed
species were found, and it was concluded that the project construction is "May affect, but is not likely to
adversely affect" the tar spiny mussel. No element occurrences are listed on the NHP database within one
mile of the bridge. No pine trees suitable for RCW foraging or nesting are in, or adjacent to, the bridge.
This project is not likely to jeopardize the continued existence of any of the federally protected species
listed in Edgecombe County.
No sites eligible for listing on the National Register occur within the area of potential effect. This project
will not affect listed or eligible historic properties.
Regulatory Approvals
USACE Section 404 Permit: The project qualifies for Nationwide Permit 3 (Maintenance of previously
approved structures) and Nationwide Permit 33 (Temporary Construction, Access and Dewatering). All
permit conditions will be followed. For our files, please provide general permit verification that the
activity is authorized.
NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3494 and
3366. All conditions of the general certification will be followed.
NCDWQ Buffer Rules: As road crossings less than 150 linear feet or 1/3 aac are an allowable use,
written authorization from the Division of Water Quality is not required Only Buffer Rule approval is
sought in writing.
Please contact Jamie Guerrero at [phone] if you have any questions or need additional
information. Your time and effort are appreciated -
Respectfully Yours,
R. . reene, Jr., PE
Division Engineer - Division 4
Cc: Mr. Jamie Guerrero, Division Environmental Officer
Mr. Jimmy Marler, Bridge Superintendent
Mr. Bobby Lewis, Division Maintenance Engineer
Office Use Only: 2 Farm Vcrsion May 2002
pp6?
USACE Action ID No. DWQ No. 7 4 o
(If any particular item is not applicable to this project, please cuter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested--N-WP 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 with 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: ?NA
H. Applicant Information
1. Owner/Applicant Information
Name: R. E. Greene - Division Enizineer
Mailing Address: PO Box 3165
Wilson NC 27895-3165
Telephone Number: 252 237-6164x3501 Fax Number: 252 234-6174
E-mail Address:_rgreenena,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: Jamie Guerrero Division 4 Environment it Officer
Company Affiliation:_ Division 4 - NCDOT
Mailing Address: 509 Ward Blvd. _
Wilson NC 27895-3165
Telephone Number: 252 237-6164 x3530 Fax Number:_ 252 234-6174
E-mail Address: inuerrerona dot.state nc us
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: Double Box Culvert Extension over Barnes Canal on US 258, Ed ecombe
County
2. T.I.P. Project Number or State Project Number (NCDOT Only): MA 400-13
3. Property Identification Number (Tax PIN): N/A
4. Location
County:_Edaecombe USGS Speed Ouad map Nearest Town: Princeville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
1.2 miles S of NC 122 on US 258 in Ed ecombe Count
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9069 ON 77.4921 eW
6. Property size (acres): N/A
7. Name of nearest receiving body of water:_ Tar River CNSW 28-(80)
8. River Basin: Tar River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn:h2o.eir.stat,,.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_Upstream--rural agriculture woodlands
Downstream-- m cypress swam
Updated 11/1/2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Using mechanical hinhwn., , ,
offsite detour if needed.
to a_ double box cu
11. Explain the purpose of the proposed work: Due to recent heav rai
roadside slope n events and current
conditions the existing vegetated side slones around this ,.,,l..o,4
t„ f-1 1
to
IV. Prior Project History
d more
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
UPdatcd 11/1/2005
Page 7 of 13
1. Provide a written description of the proposed impacts: The 40 linear feet of stream
impact b the addition of culvert extensions will provide entler and more stable ve etated
side slo es thus der-re-asin the risk of A a erosion into stream waters. The 0.017 acre,, nf
wetland exra.,at;,,., -A
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
-separately list impacts due to both structure and flooding
Wetland Impact
Site Number
(indicate on map)
Sta. 13+00
Sta. 13+25
Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
floodplain
floodplain
Located within Distance to Area of
100-year Nearest Impact
Floodplain Stream (acres)
es/no linear feet
yes 0 0.009
yes 0 0.008
Excavation and fill
Hand Clearing
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
0.017
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. crib
walls, gabions, etc.), excavation, ditching/straightening, etc (e.g.,
If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi I len h X width, then divide b 43,560.
Stream Impact
Number Stream Name Type of Impact Perennial or Average Impact Area of
indicate on ma Intermittent? Stream Width Length Impact
Before Im act linear feet acres
Sta. 13+00 Barnes Canal Fill (culvert 15
addition) Perennial 20 .007
Sta. 13+00 Barnes Canal Fill (culvert 15
addition) perennial 20 .007
Total Stream Impact (by length and acreage)
40 .014
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, dred in , floodin , drains e, bulkheads, etc.
on Water Impact Name of Waterbod
T e of lm act Type of Waterbod
Area of
Updated 11/1/2005
Page 8 of 13
Site Number (if applicable)
dipte on ma J I I (lake, pond, estuary,
VII.
Total Open Water impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the
RWedand act acres : .014
act 017
Tm act es):
t to Waters of the U. S. acres 031
Irn act linear feet : 40
bay, Impact
7. Isolated Waters
Do any isolated waters exist on the property? ? yes JZ 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.
N/A
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
Describe the method of construction d ? stream ? wetlands
(e.g., am/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 ___
8.
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. Equipment staeY'ng and work
will be erf rmed within the existine road fnntr,r;.,t c.a .. __
de_ tour.
updated iiiinoos
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in 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
httn://h2o.enr.state.nc.us/ncwetlands/stnn ide.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, 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.
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 httn://h2o.enr state nc us/wrn/index ht-. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
UPdated 11/1/2005
Page 10 of 13
Amount of stream mitigation requested (linear feet): 40
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.017
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ® Meets Federal Categorical Exclusion criteria
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 ?
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
(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 Tar River )? 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.
jZone* Impact Required
s uare feet Multiplier
Mitigation
8312 3 (2 for Catawba) 0
2682 1.5 0
( U
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated 11/1/2005
Page 11 of 13
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.
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.
All appropriate best management practices for sediment and erosion control will be
implemented.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr state nc us/ncwetlands. If no, please provide a short narrative description:
This additional culvert 1-- fl, is for side slo a stabilization onl this is not for future road widen
or development etc
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
uPdace1 11/1/2005
Page 12 of 13
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).
Barnes Canal has the otential to be andromous fish s awnin habitat due to its Proximity and
connectity to the Tnr r;,-
February 15 to June 15
A
lb

..------ - -b-. 0 .J.b..:.LuVX Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 19, 2006
Jamie Guerrero
North Carolina Department of Transportation
P.O. Box 3165
Wilson, NC 27895-3165
Dear Mr. Guerrero:
This letter is in response to your letter of September 19, 2006 which provided the U.S. Fish and Wildlife
Service (Service) with the biological determination of the North Carolina Department of Transportation
that the extension of the double box culvert on Barnes Canal under US 258 in Edgecombe County may
affect, but is not likely to adversely affect the federally endangered Tar spinymussel (Elliptio
steinstansmta). These comments are provided in accordance with section 7 of the Endangered Species
Act (ESA) of 1973, as amended (16 U.S.C. 1531_1543).
According to information provided, a mussel survey was conducted at the project site on September 13,
2006. The survey extended 100 meters upstream and 300 meters downstream of US 258 to the
confluence with Tar River. No mussels of any species were observed, and no habitat for mussels was
present. However, the Tar spinymussel has been historically found in the Tar River near the confluence
with Barnes Canal.
The banks at the existing culvert are eroding and thus contributing to downstream sedimentation. The
proposed project would provide for long term bank stabilization, thus reducing sediment input into Barnes
Canal and potentially benefiting the Tar spinymussel downstream in the Tar River. Based on all available
information, the Service concurs with your determination that the proposed project may affect, but is not
likely to adversely affect the Tar spinymussel. We believe that the requirements of section 7(a)(2) of the
ESA have been satisfied for this species. We remind you that obligations under section 7 consultation
must be reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not pi,eviously considered in this review; (2) this action is
subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or
critical habitat determined that may be affected by this identified action.
The Service appreciates the opportunity to review this project. If you have any questions regarding our
response, please contact Mr. Gary Jordan at (919) 8564520 (Ext. 32).
Sincerely,
Pete Benjamin
Field Supervisor
cc: William Wescott, USACE, Washington,. NC.
Rob Ridings, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC`
Chris Militscher, USEPA, Raleigh, NC
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`"01 _ W.
MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
LYNDo TIPPETT
SECRETARY
October 27, 2006
MEMORANDUM TO:
FROM:
SUBJECT:
W. F. Rosser
Director of Field Operations
R. E. Greene, Jr., PE
Division Engineer, Division 4
AO<f(?
Request for wetland and stream mitigation for the extension of the
culvert on Barnes Canal under US 258 in Edgecombe County.
MA-40013
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program
(EEP) provide compensatory mitigation for the project in accordance with the Memorandum of
Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT.
The North Carolina Department of Transportation proposes to extend the double box culvert on
Barnes Canal under US 258 in Edgecombe County. The improved facility will provide increased
shoulder width and long term bank stabilization, thus reducing sediment input into Barnes Canal.
The project will have 0.009 acres of unavoidable wetland impact and 40 linear feet of
jurisdictional stream impact.
RESOURCES UNDER THE.WRISDICTION OF SECTION 404 AND 401 OF THE
CLEAN WATER ACT.
We have avoided and minimized the impacts to jurisdictional resources to the greatest extent
possible as described in the permit application. The remaining impacts to jurisdictional resources
will be compensated for by mitigation provided by the EEP program
The project is located in the Northern Inner Coastal Pain Eco-Region in Edgecombe County in
the Tar-Pamlico River basin in Hydrological Cataloguing Unit 03020103.
o The stream impact, summarized in Table 1, will be to a first order perennial stream identified
as Barnes Canal and drain into the Tar River [C NSW 28-(80)]. We propose to mitigate for
the stream impact by using the EEP for the 40 linear feet of impact.
Table 1: S of Additional Jurisdictional Inmacts
Section Permanent Wetlands ac Streams (ft)
Riverine Non riverine
Culvert
Extension 0.009 None 40

Total 0.009 40
Please send the letter of confirmation to William Wescott (USACE Coordinator) at U. S. Amry
Corps of Engineers Washington Regulatory Field Office, P.Q. Box 1000, Washington, NC,
27899-1000. Mr. Wescott's FAX number is [phone].
If you have any questions or need additional information please call Jamie Guerrero at 252-296-
3530.
CC: Mr. William Wescott, USACE Washington Regulatory Field Office
Mr. Jimmy Marler, P.E., Bridge Superintendent
Mr. Bobby Lewis, P.E., Division Maintenance Engineer