20051598 Ver 1_Complete File_20051014

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 13, 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
?? 9 37' i?="L
Pa,
LYNDO TIPPETT
SECRETARY
Subject: REVISED INFORMATION for proposed maintenance improvements to
a structure conveying an unnamed tributary to Crooked Creek on SR 1103
(Flat Rock Church Road) in Franklin County, WBS 5.203511.
An application dated August 15, 2005, for a Nationwide Permit 3 and 33, was submitted for
your review and received by your office on the 16th. The 45-day review period expired on
September 291". With automatic issuance, the Franklin County Maintenance Office began to
proceed towards construction of this site. Recent meetings with the property owner at this
site, revealed changes which need to be made to the original proposal. The property owner
maintains grassed areas on both sides of the roadway, at this stream crossing, and therefore
requests minimal amounts of rip rap armoring at the ends of the new pipe. He would like for
NCDOT, to the maximum extent possible, to stabilize these areas with grass. Where possible
the existing rip rap on the inlet end will be removed to become a part of the grassed yard. So
that safer side slopes are obtained from the roadway shoulders, a longer pipe than originally
proposed will be necessary. No additional buffer impacts are proposed. However, permanent
stream loss and compensatory mitigation is now proposed.
Impacts to Waters of the United States
The NCDOT proposes to replace the existing structure with a 48 inch aluminum pipe that is
80 feet long (see revised Figure 3). During the construction of the project, the NCDOT
proposes to temporarily dewater the work zone for approximately 3 days. The water level in
the pond will be lowered using a pump. If additional measures are required to maintain a dry
worksite sandbags and/or sheet piling will be used 10 ft upstream and 10 ft downstream of
construction. To maintain water flow during construction, water upstream of the impervious
dike will be temporarily pumped out by a hose and conveyed downstream of the construction
activity where it will be allowed to filter through vegetation before flowing into the stream.
The effluent from the work area will be pumped into a prefabricated silt bag allowing water
to slowly filter out of the bag in a dispersed matter and the sediment to be captured in the
bag. Once the stream has been dewatered, the pipe will be replaced. All materials used for
dewatering will be removed after construction.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
JI
2
Permanent impacts at this site associated with the replacement of the structure involve a
total of 13 if of fill in stream on the inlet end and 11 if (0.075 ac) of fill within the pond
on the outlet end. The side slopes and disturbed stream banks will be stabilized
predominately with grass. However, a maximum of 10 linear feet of rip rap armoring for
each pipe end is proposed in case grass stabilization is not sufficient. Temporary
concurrent impacts will include the dewatering of 44 feet of stream.
Riparian Buffer
No changes from original application dated August 15, 2005.
Waters of the U.S. Mitigation
Avoidance: No changes from original application dated August 15, 2005.
Minimization: No changes from original application dated August 15, 2005.
Compensatory Miti ation: Unavoidable impacts to 13 ]ft of stream associated with this
project will be mitigated (at a 2:1 ratio) by providing 26 lft of stream restoration
equivalent in the Tar-Pamlico River Basin (Hydrologic Cataloging Unit 03020101). All
compensatory mitigation requirements will be assimilated on a quarterly basis and
provided to the Ecosystem Enhancement Program (EEP) for their acceptance with a copy
provided to the USACE for verification and accounting purposes.
Protected Species
No changes from original application dated August 15, 2005.
Summary
Proposed impacts at this site have changed. Descriptions above as well as the attached
revised pre-construction are provided for your review. Since no written authorization was
provided for the original proposal, a permit modification will not be necessary. The
NCDOT requests review of this revised information along with unchanged information
from the original application 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. If you have any
questions or need additional information, please contact Ms. Heather Montague at
[phone].
Sincerely, Apv
G. Nance, P.E.
ivision Engineer
cc: Nicole Thomson, NCDWQ
Steve Winstead, NCDOT
Jonathan Tyndall, NCDOT
Katie Simmons, NCDOT
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
%.. -.Y Vw ul C&I AID IL 1J tlVl appliGAU1C to MIS project, pease 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 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: ?
11. Applicant Information
1. Owner/Applicant Infortnation
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: JNanceOdot.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:
Paget of 8
111. Project Information
3
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
USAGE 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 infonned 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
Crooked Creek on 1103 (Flat Rock Church Road) in Franklin County.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): N/A
4. Location
N/A
County: Franklin Nearest Town: Louisburg
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Louisburg take
Hwy 401 South approximately 5.4 miles towards Rolesville At Royal make a right onto
SR 1103 (Flat Rsock Church Rd) and travel West approximately 3.0 miles to project site
Site coordinates (For linear projects, such as a road or utility line, attach
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.0230 ON 78.4095
6. Property size (acres): 0.2
7. Name of nearest receiving body of water: UT to Crooked Creek
8. River Basin: Tar-Pamli
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o,cnr.state.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: Site is surrounded by wooded areas and residences.
a sheet that
OW
Page 2 of 8
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 Lconstruction. Equipment may include excavator, backhoe bulldozer, grader, and
11. Explain the purpose of the proposed work: The existing; concrete pipe is undersized and has
separating,?joints. Both the existing endwall and headwall have been destroyed by utility
contractors and weather. The pipe ends have broken off and the overlaying; shoulders and
roadway banks are failing
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.
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 ppproposed impacts: The NCDOT will replace the
existing structure with a pipe 20 ft longter. Minimal fill within the adjacent pond on the outlet
end and 13 ft of fill on the inlet end will be necessary to repair the failed shoulders. The
NCDOT will also dewater the work zone during construction.
Page 3 of 8
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, I00-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/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/
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 ma) Before Impact (linear feet) (acres)

Fill 13 0.001
Site I UT Rip rap armoring Intermittent 2.5 20 0.002
Crooked Creek along stream bank
Temporary 44 0.002
dewatering concurrent
Total Stream Impact (by length and acreage) 63 0.005
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, dreds_,int:, floodinL, 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)
Site I UT to Crooked Creek Fill (shoulder repair) Pond (I 1 lft) 0.0075
Total Open Water Impact (acres) 0.0075
6. List the cumulative im act to all Waters of the U.S. resulting from the project.
Stream Impact (acres): 0.005
Wetland Impact (acres): NONE
Open Water Impact (acres): 0.0075
Total Impact to Waters of the U.S. (acres) 0.0125
Total Stream Impact (linear feet): 63
Page 4 of 8
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.
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
including size and type of proposed impact and function and relative value of the impacted
Page 5 of 8
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
llttp://li2o.cnr.statc.nc. us/ncwetlands/stmigide.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.
NCDOT proposes to meet mitigation requirements by payment into the North Carolina
Ecosystem Enhancement Program (NCEEP). Compensatory mitigation requirements will be
assimilated on a quarterly basis and provided to the EEP for their acceptance with a copy
provided to the USACE for verification and accounting purposes.
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): 26 ft
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)?
Page 6 of 8
r
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse'? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identity 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
butter multipliers.
Site I
Zone* Impact
(square feet) Multiplier Required
Miti Tation
1 1,662 3 (2 for Catawba)
2 0 1.5
Total 1,662
* 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
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. There is 0.04 acre existing impervious surface
Page 7 of 8
with the 0.2 acre proiect site No additional impervious surface is proposed with this
maintenance pipe replacement project Erosion and sediment control devices at this site are
comprised of temporary silt fence and special stilling basin (silt bag)
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/newetlands. If no, please provide a short narrative description:
This 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).
r?
oc'o5
(A
plicant/Agent's Signature Date
gnature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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STA,rE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
August 15, 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 Alsmcyer, NCDOT Coordinator
SECRETARY
'U5159. 8
Subject: Proposed maintenance improvements to a structure conveying an unnamed
tributary to Crooked Creek on SR 1103 (Flat Rock Church Road) in
Franklin County.
The North Carolina Department of Transportation (NCDOT) proposes to replace a pipe
conveying an unnamed tributary to Crooked Creek on SR 1 103 (Flat Rock Church Road)
in Franklin County (Figures 1 - 3).
Impacts to Waters of the United States
The project crosses an unnamed intermittent tributary to Crooked Creek, [NCDENR-DWQ
Index No. 28-30, Best Usage Classification C NSW; HUC 03020101] (Figure 3) in the Tar-
Pamlico River Basin. The existing structure that conveys the creek is a 30-inch concrete pipe
that is 60 Feet long with a concrete headwall and endwall (see Photographs 1 and 2). The
existing structure is undersized and has separating joints. Both the existing headwall and
endwall have been destroyed by utility contractors and weather. The pipe ends have broken
off and the overlaying shoulders and roadway banks are failing. This loss of material is
especially evident on the outlet end as the pond limits are very close to the roadway. Please
note that there is approximately 15 if oil' existing rip rap armoring along the stream banks on
the inlet of the existing pipe.
The NCDOT proposes to replace the existing structure with a 48 inch reinforced concrete
pipe that is 60 feet long. During the construction of the project, the NCDOT proposes to
temporarily dewater the work zone for approximately 3 days. The water level in the pond will
be lowered using a pump. If additional measures are required to maintain a dry worksite
sandbags and/or sheet piling will be used 10 ft upstream and 10 ft downstream of the existing
pipe. To maintain water flow during construction, water upstream of the sheet piling will be
temporarily pumped out by a hose and conveyed downstream of the construction activity
where it will be allowed to filter through vegetation before flowing into the stream. The
effluent from the work area will be pumped into a prefabricated silt bag allowing water to
slowly filter out of the bag in a dispersed matter and the sediment to be captured in the bag.
Division 5, 2612 N. Duke Street, Durham. NC 27704
Phone: [phone] Fax: [phone]
NR ? ,
2
Once the stream has been dewatered, the,pipe will be replaced. All materials used for
dewatering will be removed after construction.
Permanent impacts at this site associated with the replacement of the structure and
repairing failed roadway shoulders and fill slopes involve a total of 4 if (0.002 ac) of fill
within the pond on the outlet end. Along with 14 ft of riprap armoring on the outlet and
10 feet of armoring on the inlet streambank to protect the structure. Temporary concurrent
impacts will include the dewatering of 24 feet of stream.
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 UT to Crooked Creek at Site l is not depicted
on the most recent version of the Franklinton (USGS 1969) topographic quadrangle (Figure
1), but is depicted on the Soil Survey of Franklin County (USDA-SCS, 2004) (Figure 2).
Construction impacts at this site total 1,662 ft' in Zone 1 and none in Zone 2 (totaling 24
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: No stream impacts are proposed. Compensatory mitigation is
not offered for the minimal fill proposed within the pond to repair the failed roadway
shoulder and fill slope.
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 (Ala.smidonta heterodon),
Tar spinymussel (Elliplio steinstansana), and Michaux's sumac (Rhus michauxii). The
roadway shoulders along Flat Rock Church Road are heavily maintained, eliminating the
possibility for Michaux's sumac to exist in this area. The intermittent stream does not
provide habitat for mussel fauna. Additionally, a review of the Natural Heritage Program
database (last updated July 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 replace the existing structure with a pipe the same length.
Broken ends of the existing pipe have resulted in failed roadway shoulders and till slopes.
Permanent impacts at this site associated with the replacement of the structure and
repairing failed roadway shoulders and fill slopes involve a total of 4 if (0.002 ac) of till
within the pond on the outlet end. Along with 14 ft of riprap armoring on the outlet and
10 feet of armoring on the inlet streambank to protect the structure. Temporary concurrent
impacts will include the dewatering of 24 feet of stream. All materials used for dewatering
will be removed after construction. Riparian buffer impacts at Site 1 associated with this
maintenance activity total 1,662 ft'` in Zone 1 and none in Zone 2 (totaling 24 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
Pen-nit (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,
? . V1 a.. -« g,,
on G. Nance, P.E.
Division Engineer
cc: Nicole Thomson, NCDWQ
Steve Winstead, NCDOT
Jonathan Tyndall, NCDOT
Katie Simmons, NCDOT

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Office Use Only: form Version March 05
2005 ? 508
USACE Action ID No. DWQ No.
(If any particular item is not applicable 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 3 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owncr/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: JNance((Mot state nc us
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
x <a ri , ,.
Attach a vuinity 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
Crooked Creek on 1103 (Flat Rock Church Road) in Franklin Countv.
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: Franklin Nearest Town: Louisburg
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Louisbur 7 take
Hwy 401 South approximately 5.4 miles towards Rolesville At Royal make a right onto
SR 1103 (Flat Rsock Church Rd) and travel West approximately 3.0 miles to project site
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): 36.0230 "N 78.4095 "W
6. Property size (acres): 0.2 acre
Name of nearest receiving body of water: UT to Crooked 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.eni.state.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: Site is surrounded by wooded areas and residences.
Page 2 of 8
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 concrete pipe is undersized and has
separating joints. Both the existing endwall and headwall have been destroyed y utility
contractors and weather. The pipe ends have broken off and the overlaying shoulders and
roadway banks are failing.
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 USAGE 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: The NCDOT will replace the
existing structure with a pipe the same length. Minimal fill within the adjacent pond on the
outlet end will be necessary to repair the failed shoulder. No stream impacts on the inlet end
are proposed. 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, fill, excavation, flooding, ditching/drainage, etc. For dams,
ser,arate.ly list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (es/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/
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 Average Impact Area of
Number Stream Name Type of Impact ittent' t'?
Interm Stream Width Length Impact
indicate on ma) Before Impact (linear feet) (acres)
Site I UT Rip rap armoring Intermittent 24 0.003
Crooked Creek along stream bank

Site 1 UT

Crooked Creek Temporary

dewatering
Intermittent 2.5 24

concurrent
0.001
Total Stream Impact (by length and acreage) 24 0.004
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 drainage bulkheads, etc.

Open Water Impact 7 ,
'Type of Waterbody
Area of

Site Number Name of Waterbody
Type of Impact
(lake, pond, estuary, sound, bay,
Impact
indicate on ma (if applicable) ocean, etc.) (acres)
Site I UT to Crooked Creek Fill (shoulder repair) Pond 0.002

Total Open Water Impact (acres) 0.002
6. List the cumulative impact to all Waters of the U.S. resulting from the ro'ect.
Stream Impact (acres): 0.004
Wetland Impact (acres): NONE
Open Water Impact (acres): 0.002
Total Impact to Waters of the U.S. acres) 0.006
Total Stream Impact (linear feet): 24
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 USAGE.
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 laced in waters of the United States.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1 .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
Page 5 of 8
r
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 USAGE 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://l12o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation 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 stream impacts are proposed Compensatory mitigation is not offered for the minimal fill
proposed within the pond to repair the failed roadway shoulder.
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.iic.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)
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.
Page 6 of 8
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 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.
'Rite 1
Zone* Impact
(square feet) Multiplier Required
Miti ration
1 1,662 3 (2 for Catawba)
2 0 1.5
Total 1,662
* 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 "Lone 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
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. There is 0.04 acre existing impervious surface
with the 0.2 acre project site No additional impervious surface is proposed with this
Page 7 of 8
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maintenance pipe replacement project. Erosion and sediment control devices at this site are
comprised of temporary silt fence and special stilling basin (silt bag).
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/newetlands. If no, please provide a short narrative description:
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).
3lis/ns
C? Applicant/AgentNs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8