20060275 Ver 1_Application_20060221

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STATE OF NORTH CAROLINA
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T DEPARTMENT OF TRANSPORTATION ",Iwcy

MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 17, 2006
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120 060275
Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator
Subject: Proposed maintenance improvements to a structure conveying an unnamed
tributary to Sandy Creek on SR 1518 (Newton Dairy Road) in Vance
County. WBS element 5.209111.
The North Carolina Department of Transportation (NCDOT) proposes to replace
a pipe conveying an unnamed tributary to Sandy Creek on SR 1518 (Newton Dairy Road)
in Vance County (Figures 1 - 3).
Impacts to Waters of the United States
The project crosses an unnamed intermittent tributary to Sandy Creek, [NCDENR-DWQ
Index No. 28-78-1-(1), Best Usage Classification C NSW; HUC 03020101] (Figure 2) in
the Tar-Pamlico River Basin. The existing structure that conveys the creek is 36-inch
concrete pipe that is 43 feet long (see Photographs 1 and 2). Separated concrete joints of
the existing pipe are contributing to a failing roadway and shoulders. The existing
structure carries water from a drop box that was constructed by an adjacent property
owner. This drop box collects runoff water from the ditch line as well as water which has
been piped underground from the spillway in the pond dam located just north of SR 1518.
Since there is no exposed portion of stream on the north side of the roadway, no surface
water or riparian buffer impacts proposed at the inlet of this pipe.
The NCDOT proposes to replace the existing structure with a 36-inch reinforced concrete
pipe that is 48 feet long. Permanent impacts at the site associated with the replacement of
the structure involve a total of 5 feet of surface water fill and 5 feet of rip rap placed
along the streambank to protect the outlet of the new structure. Temporary concurrent
impacts will include the dewatering of 10 feet of stream. During the construction of the
project, the NCDOT proposes to temporarily dewater the work zone for approximately
1 week. To dewater the work zone, sandbags will be placed in the drop box to plug the
exit hole. Also sandbags will be placed at the downstream limit of construction to prevent
water from backing into the work site. To maintain water flow during construction, water
from upstream which pools in the drop box will be temporarily pumped out by a hose and
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2 `
conveyed downstream of the construction activity where it will be allowed to filter
through vegetation before flowing into the stream. Once the stream has been dewatered,
the pipe will be replaced. The sandbags used for dewatering will be removed after
construction.
Riparian Buffer
Construction at this site involves a road crossing of a stream that is subject to the
Tar-Pamlico River Riparian Buffer Rules. The unnamed intermittent tributary to Sandy Creek
at Site 1 is depicted on the most recent version of the Vicksboro (1970) topographic
quadrangle (Figure 1) as well as on the Soil Survey of Vance County (USDA-SCS, 1977)
(Figure 2). Please note that there is no exposed portion of stream on the north side of the
roadway. Therefore impacts proposed at this site are from the outlet end only. Construction
impacts at this site total 561, ft2 in Zone I and 475 ft-' in Zone 2 (totaling 10 linear feet of
riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing
is EXEMPT.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at jurisdictional
sites. Strict enforcement of sedimentation and erosion control Best Management Practices
for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to these sites.
Compensatory Mitigation: All compensatory mitigation requirements will be left to the
discretion of the regulatory review agencies.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act. As of February 16, 2006, the dwarf
wedgemussel (Alasmidonta heterodon) and bald eagle (Haliaeetus leucocephalus) are
listed as federally protected species in Vance County. The UT to Sandy Creek at this site
is small, piped from a pond, and does not provide suitable habitat for mussel fauna.
Although this maintenance site is adjacent to a farm pond, the open water does not
support suitable foraging habitat for the bald eagle. Additionally, a review of the Natural
Heritage Program database (last updated January 2006) revealed no occurrences of
protected species within the project area. Therefore, based on lack of suitable habitat
observed during the site visit and the NHP database review, biological conclusions of No
Effect have been rendered for each species.
Summary
The NCDOT proposes to replace the existing structure while temporary dewatering the
work site. Permanent impacts at the site associated with the replacement of the structure
involve a total of 5 feet of surface water fill and 5 feet of rip rap placed along the
streambank to protect the outlet of the new structure. Temporary concurrent impacts to the
stream from this activity will result in the dewatering of 10 linear feet of stream. Sandbags
used for dewatering will be removed after construction. Riparian buffer impacts at Site I
associated with this maintenance activity total 561 f12 in Zone 1 and 475 ft2 in Zone 2
(totaling 10 linear feet of riparian buffer impacts). Based on the impacts to the riparian
buffer at this site, this crossing is EXEMPT.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit (NWP) 3, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification
(WQC) No. 3494, and WQC No. 3366 for above-described activities. A pre-construction
notification is attached with this request. If you have any questions or need additional
information, please contact Ms. Heather Montague at [phone].
Sincerely,
_.A ,
on G. Nance, P.E.
Division Engineer
cc: Ms. Nicole Thomson, NCDWQ Transportation Permitting Unit
Mr. Steve Winstead, NCDOT Dist 3 Engineer
Mr. Clarence Thompson, NCDOT Vance County Maintenance Engineer
Ms. Katie Simmons, NCDOT Roadside Env Field Ops Technician
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FEB 6-
Photograph 1. View looking South, downstream of outlet.

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SR 1518 (New-ton Dairy Road) - Vance County
Photograph 2. View looking North, across roadway towards drop box.
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Project Study Area
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 n 0 n 7 5
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: J N ance(&dot. state. nc. us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page I of 8
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: Proposed replacement of a structure conveying an unnamed tributary to
Sandy Creek on SR 1518 (Newton Dairy Road) in Vance County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Vance Nearest Town: Henderson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): While traveling; north
along= US 1 BYP on the southeast side of Henderson take the Bear Pond Road Exit. Travel
east on Bear Pond Rd (aka Linbanks Rd for approximately 2.0 miles to intersection with
Gillburg Road Make a left onto Gillburg Road and travel north for 1.0 mile, cross through
intersection with Hwy 39, then continue for another 4.0 miles. Make a left onto SR 1518
(Newton Dairy Road) and travel to project site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.3303 ON 78.3612 °W
6. Property size (acres): 0.04
7. Name of nearest receiving body of water: UT to Sandy Creek
8. River Basin: Tar-Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.etir.state.nc.us/admiii/i-naps /.)
Page 2 of 8
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is surrounded by wooded areas and agricultural land.
10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT will replace the existing structure at Site 1. The NCDOT will also dewater the work
zone during construction. Equipment may include excavator, backhoe, bulldozer, grader, and
11. Explain the purpose of the proposed work: The existing structure has separated concrete
joints which are contributing to a failing roadway and shoulders.
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. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The NCDOT will replace the
existing structure at Site 1 with a reinforced concrete pipe that is 5 feet longer. The NCDOT will
also dewater the work zone during construction.
Page 3 of 8
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial o;
Intermittent'. Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
(acres)
Site 1 UT to Sandy Creek Fill (piped length) Intermittent 3.0 5 0.0003
Rip rap armoring
along stream bank 5 0.0003

Temporary 10 0.0006
dewatering concurrent concurrent
Total Stream Impact (by length and acreage) 10 0.0006
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation, dredging. flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc. (acres)

N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project*
Stream Impact (acres): 0.0006
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0006
Total Stream Impact (linear feet): 10
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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.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. All wetlands and surface
waters not affected by construction will be protected from unnecessary encroachment during
construction. Strict enforcement of Best Management Practices for the protection of wetlands
and surface waters will be enforced during construction. Only the smallest amount of fill
necessary to complete the project will be placed in waters of the United States.
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
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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://h2o.enr.state.ne.us/ncwetlands/strmgidc.litmi.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
All compensatory mitigation requirements will be left to the discretion of the regulatory
review a =e, ncies.
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/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
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Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Site 1
Zone* Impact
(square feet) Multiplier Required
Mitigation
l 561 3 (2 for Catawba) N/A
2 475 1.5 N/A
Total 1,036 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel: Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
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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. No additional impervious surface is proposed
with this maintenance pipe replacement project Erosion and sediment control devices at this site
are comprised of temporary dewatering practices using sandbags.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This project will not generate wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state,nc.us/ncwctlands. If no, please provide a short narrative description:
This maintenance project will not result in additional development.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
17/06
Applicant/Agea's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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