20051191 Ver 1_Complete File_20050705

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STATE of NORTH CAROI,INA
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DEPARTMENT OF TRANSPORTATION ??RB"WO/Y
MICHAEL F. EASLEY
GOVERNOR
June 28, 2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer,
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
051191
Subject: Proposed site dewatering for replacing a drop inlet, conveying an
unnamed tributary to Fox Creek, adjacent to Hwy 39 in Louisburg,
Franklin County.
Site 1 - Waters of the U.S.
An existing drop inlet box at Site 1 is old and the concrete encasing the pipes [conveying
an unnamed intermittent tributary to Fox Creek] needs to be replaced (Photographs 1-4).
This will result in temporary impacts to Fox Creek [NCDENR-DWQ Index No. 28-25,
Best Usage Classification C NSW; HUC 030201021] in the Tar Pamlico River Basin
(Figures 1-3).
Since the inlet (of the piped length of this stream entering the drop inlet) is well off of the
NCDOT right-of-way, we can not propose to dewater 10 ft upstream and 10 ft
downstream as we typically do with our other maintenance projects. Additionally, there
would be no way to pump water across Hwy 39 during the replacement of this drop inlet.
Therefore, we are proposing an alternate form of dewatering. NCDOT proposes to use
sandbags within the stream 20 ft downstream of the roadway to an attempt to collect
water leaving the work site. This water will then be temporarily pumped out by a hose
into a prefabricated silt bag allowing water to slowly filter out of the bag in a dispersed
matter and the sediment to be captured in the bag. This activity is expected to take
approximately 3 days. Temporary impacts to the stream from this activity will result in
the dewatering of 20 linear feet of stream. No permanent impacts are proposed with this
activity. The sand bags will be removed after this activity is complete.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
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2
Riparian Buffer
The stream at Site 1 is within the Tar-Pamlico River Basin, but it is not depicted on the
most recent version of the Louisburg Raleigh East (USGS, 1978) topographic quadrangle
(Figure 1) nor the Soil Survey of Franklin County (USDA-SCS, 2004 (Figure 2).
Therefore, activity at this site is not subject to the riparian buffer rules.
Waters of the U.S. Mitigation
Avoidance: No staging of construction equipment or storage of construction supplies
will be allowed in or near surface waters.
Minimization: This activity will be performed as quick as possible to minimize the
dewateringperiod.
Compensatory Mitigation: No mitigation is proposed for the temporary impacts.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of January 29, 2003, there are three federally protected species
listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon),
Tar spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhos michauxii). The
roadway shoulders along Hwy 39 in this area are highly maintained, eliminating the
possibility for Michaux's sumac to exist in this area. The stream within this area of town
is frequently piped and is heavily silted eliminating the possibility of suitable mussel
habitat. Additionally, a review of the Natural Heritage Program database (last updated
April 2005) 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 dewater a work site for replacing a drop inlet box.
No pennanent impacts are proposed. The work zone will be dewatered for approximately
3 days. Temporary impacts to the stream from this activity will result in the dewatering of
20 linear feet of stream. The sand bags will be removed after construction. This stream is
not subject to riparian buffer rules.
Application is hereby made for a Department of the Army Section 404 Nationwide
Permit NWP 33. Additionally, this application provides notification to the NCDWQ as
Section 401 Water Quality Certification (WQC) No. 3366 will be utilized for activities at
this site. The NCDOT will comply with all applicable NWP and WQC buffer conditions.
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].
Si ely,
Jo . Nance, P.E.
Di ision Engineer
cc: Ms. Nicole Thomson, NCDWQ
Mr. Steve Winstead, NCDOT
Mr. Jonathan Tyndall, NCDOT
Ms. Katie Simmons, NCDOT
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Office Use Only: 19 Irm Version March 05
USACE Action ID No. DQQ .
q-0
to any particular item is not appucaole to this project, please enter "Not Applicable" or "N/A".)
1. 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 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT Division 5 Jon G. Nance
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: JNanceadot.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 1 of 8
III. Project Information
Y,
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: Proposal to dewater a site to facilitate the replacement of a drop inlet box
adjacent to Hwy 39 which convening an unnamed tributary to Fox Creek in town Louisburg,
Franklin County.
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN): N/
N/A
4. Location
County: Franklin Nearest Town: Louisburg
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): In Lousiburg, from the
Hwy 39 junction with NC 561, travel north on Hwy 39 for a distance of 750 tt to drop inlet
box Box is positioned within the north west quad of Hwy 39 and Ford Circle, which is just
north of Economy Inn.
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): 36.2465 "N 78.3139"W
6. Property size (acres): 0.03 acre (147 mi)
7. Name of nearest receiving body of water: UT to Fox 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•//l12o.enr.state.nc.us/admin/maps/.)
Page2 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 residences and maintained areas
within the city limits
10. Describe the overall project in detail, including the type of equipment to be used:-
The existing drop inlet is old and the concrete box encasing the pipes has separated. This
box will be rebuilt and a new 4 ft x 4ft concrete box with lid. The site will be dewatered
during this activity. Equipment may include excavator, backhoe Vrader, and crane.
11. Explain the purpose of the proposed work: Replacement of drop inlet.
IV. Prior Project History
If jurisdictional detenninations 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.
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: See cover letter for a thorough
description of this proposal The NCDOT will dewater the work site to replacement a drop
inlet.
Page 3 of 8
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 Type of Wetland Located within istance to
D Area of
Site Number T of Im
ype pact
(e.g., forested, marsh, 100-year :
Nearest Impact
(indicate on map) herbaceous, bog, etc.) rloodplain Stream (acres)
( es/n i
near feet)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
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
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent'? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
Site I UT to Fox Creek mpo Intermittent 3 ft 20 0
001
de
ri g .
Total Stream Impact (by length and acreage) 20 0.001
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, dredging, flooding, drainage, bulkheads, etc.
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)
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): 0.001
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.001
Total Stream Impact (linear feet): 20
Page 4 of 8
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
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
infonnation 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. The temporary dewatering is
is the minimum necessary to replace this junction box No permanent impacts are proposed
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
Page 5 of 8
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.nc.us/ncwetlands/stnngide.html.
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.
No mitigation is proposed for the temporary impacts associated with dewaterim
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
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 ?
Page 6 of 8
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Site 1
Zone* Impact
(square feet) Multiplier Required
Mitigation
I N/A 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total N/A 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.
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
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 change in impervious surface is proposed
with this activity. Erosion control measure will include sandbat?s and a silt baa for filtering anv
sediment.
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.
Page 7 of 8
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 drop inlet replacement 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).
u
b5?
Applic
(Agent's signal
Agent's Signature I I Date
is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8