20071299 Ver 1_Application_20070730

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STATE OF NORTH CAROLINA s,~~c
DEPARTMENT OF TRANSPORTATION °~
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
July 26, 2007
NCDENR-DWQ
Transportation Permitting Unit
2321 Crabtree Boulevard, Suite 250 O
Raleigh, NC 27604 2 ~ (]
Attention: Mr. Rob Ridings t!
NCDOT Division 5 Coordinator
Subject: Proposed replacement of existing structure on SR 1521 (Aycock Road)
conveying an unnamed tributary to Weaver Creek in Vance County. WBS
Element No. SB.2091
The North Carolina Department of Transportation (NCDOT) proposes to replace the
existing structure on SR 1521 (Aycock Road) conveying an unnamed tributary to Weaver
Creek in Vance County (Figure 1). The existing structure is a 66 inch corrugated metal
pipe (with concrete headwalls) that is 37 feet long. The existing invert of the structure
(inlet and outlet) is perched above the ordinary high water mark (Photograph 1). The
proposed structure is a 95 inch x 67 inch corrugated metal pipe arch (CMPA) that is 60
feet long. Please note that surficial stream bedrock features are present immediately
above the inlet and below the outlet of the existing structure (see Photograph 2). The
Department proposes that the new structure will be set on top of the bedrock and not
buried one foot in the streambed.
Impacts to Waters of the United States
The removal of the existing structure and subsequent installation of the CMPA will result
in impacts to the unnamed tributary to Weaver Creek (NCDENR-DWQ Index No. 28-
78-1-7, Best Usage Classification C NSW, HUC 03020101) in the Tar-Pamlico River
Basin.
Permanent Impacts
Installation of the replacement structure will result in impacts to the unnamed tributary to
Weaver Creek. This impact is summarized below:
• 23 linear feet of impact (fill in SW).
Bank stabilization activities (with rip rap) will result in impacts to the unnamed tributary to
Weaver Creek. These impacts are summarized below:
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

,~ 2
• 15 linear feet of bank impact at the inlet of the replacement structure.
• 10 linear feet of bank impact at the outlet of the replacement structure.
Temporar_~pacts
The NCDOT proposes to temporarily dewater the work zone during construction for
approximately four weeks. This will involve the temporary placement of sand bags at the
construction limits of the project. This will result in 48 linear feet of concurrent stream
impacts. To maintain water flow during construction, water upstream of the sand bags
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 manner and the sediment to
be captured in the bag. The temporary sand bags will be removed after construction.
Waters of the U.S. Mitigation
Avoidance:
Permanent impacts to the unnamed tributary to Weaver Creek cannot be avoided. The
existing pipe structure is rusted. The NCDOT hydraulics unit has .determined that the
proposed CMPA is a suitable replacement for the existing structure.
Minimization:
The proposed rip rap at the inlet and outlet of the structure has been minimized as much
as possible while providing the required long-term stability. All construction impacts at
the inlet and outlet of the replacement structure have been minimized.
Compensatory ation:
Compensatory mitigation will be provided at the request of the regulatory agencies.
Riparian Buffer
Construction at this site involves the road crossing of a stream that is subject to the
Tar-Pam Riparian Buffer Rules. The stream is depicted on the most recent version of the
Vicksboro (USGS 1970) topographic quadrangle (Figure 1) and Soil Survey of Vance
County (USDA-SCS, 1977). Construction impacts at this site total 6,313 square feet in
Zone 1 and 4,074 square feet in Zone 2 (totaling 107 linear feet of riparian buffer
impacts). Based on the impacts to the riparian buffer at this site, this crossing is
ALLOWABLE. Temporary erosion control measures will be installed as required
within the permitted buffer footprint.
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 July 26, 2007, the dwarf wedgemussel (Alasmidonta
heterodon) is listed as federally protected species in Vance County. A mussel survey
was conducted at the site on July 12, 2007 by NCDOT biologists Jason Mays and Logan
Williams. They determined that suitable habitat for dwarf wedgemussel is not present at
the site.

Summary
Application is hereby made for a NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3627 and 3634 and riparian buffer authorization. An automated
payment procedure has been implemented between the NCDOT and NCDENR-DWQ.
This procedure will enable the Division to apply for the 401 WQC without submitting a
check for this permit application. This procedure will provide payment to the NCDENR-
DWQ by charging the permit application fee directly to the appropriate NCDOT WBS
Element No. SB.2091. Apre-construction notification, photograph and permit drawing
are attached with this request. If you have any questions or need additional information,
please contact Mr. Chris Murray at [phone].
S' cerely,
J. W. owman, P.E.
Division Engineer
cc: Mr. Donald Pearson, NCDOT
Mr. Dallie Bagwell, NCDOT
Mr. Danny Moss, NCDOT

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Photograph 1. View of perched pipe at outlet of structure. Note that invert is located
above water level.

Photograph 2. View of surficial bedrock in stream upstream of pipe inlet. This will
affect pipe burial during construction.

Office Use Only: ~• Form Version March 0~
20071299
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 14 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
1. Owner/Applicant Information
Name:NCDOT Division 5. J. W. Bowman, P.E. (Division Enar.
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number:~919) 560-6851 Fax Number: [phone]
E-mail Address: Wbowman(a~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 1 of 9

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 existing structure on SR 1521 (Aycock Road)
conveyin~ a UT to Weaver Creek in Vance County.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
NCDOT WBS Element No. SB.2091
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/names, landmarks, etc.): From Hendreson,
travel southeast on NC 39 turn left and travel east on SR 1533 turn left and travel north on
SR 1521 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):
Site 1 36.3309 °N 78.3394 °W
6. Property size (acres): approximately 0.4 acres
7. Name of nearest receiving body of water: Unnamed tributary to Weaver 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.enr.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: Existing land uses along SR 1521 are primarily rural and
forested.
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used: The
NCDOT proposes to replace the existing 66 inch pipe conveyin~ UT to Weaver Creek. The
replacement structure is a 95 inch x 67 inch corrugated metal pipe arch (CMPA) that is 60
feet long. Equipment may include excavator, backhoe, bulldozer, ra~and crane.
11. Explain the purpose of the proposed work: The purpose of the project is to replace the
structurally deficient pipe.
IV. Prior Project History
V. 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. None available.
VI. 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
VII. 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.
Provide a written description of the proposed impacts: Construction of the project will result in
the following impacts:
Permanent Impacts
Installation of the replacement structure will result in impacts to the unnamed tributar~to
Weaver Creek. This impact is summarized below:
• 23 linear feet of impact (fill in SW).
Page 3 of 9

Bank stabilization activities will result in impacts to the unnamed tributary to Weaver Creek.
These impacts are summarized below:
• 15 linear feet of bank impact at the inlet of the replacement structure.
• l O linear feet of bank impact at the outlet of the replacement structure.
Temporary Impacts
• Dewatering activities will result in 481iner feet of concurrent stream impacts.
1. 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 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.) ( es/no) (linear feet)

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: 0.0 ac
3. 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 Average
Impact
Perennial o Stream
Impact Length Area of
Number Stream Name Type of Impact ~
Intermittent. Width
(linear feet) Impact
(indicate Before (acres)
on ma) Im act

Site 1 UT Weaver Fill in SW from pipe perennial 8 ft 23 ft <0.01 ac
Creek installation
Site 1 UT Weaver Bank stabilization (inlet) Perennial 8 ft 15 ft <0.01 ac
Creek
Site 1 UT Weaver Bank stabilization (outlet) Perennial 8 ft 10 ft <0.01 ac
Creek
Site 1 UT Weaver Temp. dewatering Perennial 8 ft 48 ft <0.01 ac
Creek
48 feet permanent impact and 48
Total Stream Impact (by length and acreage) feet temporary (concurrent) <0.01
impact for dewatering
Page 4 of 9

4. Individually list all open wader 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)

Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S: resulting from the project:
Stream Impact (acres): <0.01 ac
Wetland Impact (acres): 0.0
O en Water Im act acres): NONE
Total Impact to Waters of the U.S. (acres) <0.01 ac
Total Stream Impact (linear feet): 48 linear ft permanent and 48 linear ft
tem orar concurrent (for dewaterin )
6. 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
7. 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
VIII. 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.
Page 5 of 9

Avoidance• ..
Construction of the project cannot avoid impacts to waters of the United States. The NCDOT
hydraulics unit has determined that the CMPA is a suitable replacement for the existing
structure.
Minimization:
The proposed rip rap at the inlet and outlet of the structure has been minimized as much as
possible while providing the required long-term stability. NCDOT will implement best
mana ement practices for the protection of surface waters in accordance with the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual"
during design and construction phases of the project.
IX. Mitigation
DWQ - In accordance with 1 SA NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the .impacted
aquatic resource will be considered in .determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.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.
Mitigation for the project will be provided if requested by the regulatory agencies.
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1. 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 ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
X. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
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 ^
XI. 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? 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.
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Site 1
Zone* Impact
s uare feet) Multiplier Required
Miti ation
1 6,313 sf 3 (2 for Catawba) N/A
2 4,074 sf 1.5 N/A
Total 10,387 st
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration ~
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XII. 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 approximately <0.1 acre existing
impervious surface within the 0.4 acres protect site. No additional impervious surface is
roposed with this project.
XIII. 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.
XIV. 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 anafter-the-fact permit application? Yes ^ No
XV. 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 bridge maintenance project will not result in additional development.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
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XVI. 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 ~ecies, accessibility problems, or other issues outside of the applicant's control).
/,
~~z~~v-7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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