20041082 Ver 2_Application_20070808

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 3, 2007
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
Reference: Action ID: 200421621, 200421622, dated 02/24/05
DWQ Project No. 041082, dated 07/27/04
NCDOT SRl 128 application, dated 07/12/04
LYNDO TIPPETT
SECRETARY
~~~iu~s~-v, 3
Subject: Modification Request for additional impacts at Site 1 associated with
secondary road improvements to SR 1128 (Tom Oakley Road) from
SR 1129 (Frank Timberlake Road) to end of pavement in Person County.
WBS element SC.073015.
The secondary road improvements to SR 1128 (Tom Oakley Road) in Person County are
currently underway. This paving project involves two permit sites. Please note that this
modification request specifically addresses additional impacts proposed at Site 1.
Proposed impacts at Site 2 have not changed.
In the referenced application for Site 1 included the proposal to extend the existing 72in
corrugated metal pipe that was 30 feet long. Twelve feet of pipe extensions were
proposed at each end for a total piped length of 54 feet. However due to condition of the
existing pipe, it cannot be extended and will have to be replaced with new pipe.
Available metal pipe segments come in 20ft lengths and cannot be cut for structural
reasons. Therefore, maintenance forces propose using 3 sections for a total of~Oft of pipe
(6 feet ext than originally permitted). The dewatering length will also be increased by
this Eft, but no additional rin ran ~r t,..ffP,- imna,~t~ are necessary. Please see the attached
revised permit drawing and updated PCN for details on the new proposal at Site 1. Please
note that the updated PCN includes these extra impacts at Site 1 and presents the new
grand total for the entire project.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

Permit modifications are hereby ,requested for the referenced Department of the Army
Section 404 Nationwide Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401
Water Quality Certification (WQC) No. 3404, WQC 1~'0. 3366, and buffer authorization
for above-described activities. An automated payment procedure has been implemented
between the NCDOT and NCDWQ. This procedure will enable the Division to apply for
this modification without submitting a check. This procedure will provide payment to the
NCDWQ by charging the permit modification fee of $200.00 directly to the appropriate
NCDOT WBS element SC.073015. If you have any questions or need additional
information, please contact Ms. Heather Montague at [phone].
Sincerely,
W , ~ovJ~v~,,
f-}LJy1n..
J.W. Bowman, PE
Division Engineer
cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit
Ms. Tasha Johnson, NCDOT District 2 Engineer
NCDOT Person County Maintenance Office
Mr. Donald Pearson, NCDOT Roadside Environmental Field Ops

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Project Study Area
SR 1128 Tom Oakley Road
Person County
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Office Use Only' / Fonn Version March OS
USACE Action ID No. DWQ No. ~~ ~ l ~~ L' ~ ` ~'
(If any particular item is not applicable to this project, ptease enter "Not Appncanie or _.i~iH .~
I. Processing
1. Check all of the approval(s) requested for th' 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: MOD-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
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: wbowman(c~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: Fax Number:
E-mail Address:
Page 1 of 8

III. Project Information ..
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: U~~rading and ~avin~~SR 1128 (Tom Oakley Road) in Person County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Granville Nearest Town: Roxboro
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Roxboro take Hwy
501 South towards Durham. At Timberlake make a right onto Dick Holeman Rd, then at the
first right turn onto SR 1128 (Tom Oakley Road
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 l: 36.2770 °N
Site 2: 36.2730 °N
78.9907 °W
78.9867 °W
6. Property size (acres): 5.45 acre (Project is 0.75 mi long)
Name of nearest receiving body of water: Site 1: Unnamed Tributary to the South Flat River
Site 2: draina~ew~ -wetland only
7. River Basin: Neuse
(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/.)
Page 2 of 8

8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Sites are surrounded by wooded areas, agriculture land, and
residences.
9. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave, and erosion control at SR 1128 (Tom Oakley Rd). The NCDOT will also
dewater the Site 1 work zone during construction. Equipment may include excavator,
backhoe, bulldozer, grader, and crane.
10. Explain the purpose of the proposed work: The project is part of the secondary road paving
program. The existing_gravel roadway will be paved with asphalt.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Original application dated July 12, 2004.
USACE Action ID: 200421621, 2000421622, verification dated 02/24/05 (see attached).
DWQ Project No. 041082, WQC approved 07/27/04 (see attached).
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.
Page 3 of 8

1. Provide a written description of the proposed impacts: See attached cover letter dated
08/03/07 and on final application cover letter dated 07/12/04 for a thorough description o~
the proposed impacts at each site. The NCDOT will also dewater the work zone during
construction at Site 1.
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 Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
(es/no) (linear feet)
Site 2 fill Herbaceous No >100 ft 0.03
Total Wetland Impact (acres) 0.03
3. List the total acreage (estimated) of all existing wetlands on the property: 0.03 ac
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 Im act (linear feet) (acres)
Site I Sout U 1 t River Fill (piped length) perennial 10.0 30 0.007
Rip rap armoring
20
0.005
along stream bank
Temporary 50 0.012
dewatering concurrent concurrent
Total Stream Impact (by length and acreage) 50 0.012
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
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres) N/A
Page 4 of 8

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.012
Wetland Impact (acres): 0.03
Open Water Impact (acres): NONE
Total Im act to Waters of the U.S. (acres) 0.042
Total Stream Im act (linear feet): 50
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. All wetlands and surface
waters not affected by construction will be protected from unnecessary encroachment during
construction. Strict enforcement of Best Management Practices for the protection of wetlands
and surface waters will be enforced during construction.
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.
Page 5 of 8

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/strmgide.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.
Per the 02/24/05 USAGE verification, NCDOT was required to provide 48 linear feet of
restoration equivalent warm water stream channel in the Neuse River Basin (HUG 03020201)
associated with the permanent loss of 24 linear feet of stream. As the permanent stream
impacts have increased to 30ft, NCDOT now intends to utilize EEP to meet this
requirement of providing a total of 60 linear feet of restoration equivalent warm water
stream, to cover the additional Eft of impacts proposed in this modification request.
Z. 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): 60ft
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
IX. Environmental Documentation (required by DWQ)
Page 6 of 8

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 aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 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
1 1,529 3 (2 for Catawba) N/A
2 1,008 1.5 N/A
Total 2,537 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Page 7 of 8

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 2.1 acre existin impervious surface (avg 23 foot wide
navel road, 0.75 mile project) of the 5.45 acre project size. The proposed impervious surface is
1 8 acre pr^posed 20 foot wide asphalt paved road 0 75 mile~roject) of the 5 45 total project
size. Erosion and sediment control devices along the project are comprised of temporary rock silt
checks, temporary silt basins, and temporary silt fence.
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
h~://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Up rg adin~ this secondary roadway 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).

-~'~` ~pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200421621 200421622
Property Owner:
Mailing Address:
Authorized Agent:
Mailing Address:
County: Person
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
NCDOT; Division of Highways
ATTN: Jon G. Nance, P.E.
2612 Duke Street
Durham, North Carolina 27704
Telephone No.: [phone]
Telephone No.:
Location of property (road name/number, town, etc.): (WBS Element No.: 5C.073015) On SR 1128; (Tom Oakley
Road); southwest of Timberlake, North Carolina
Site Coordinates: 36.2770 °N 78.9907 °W USGS Quad: Timberlake
Waterway: unnamed tributary to South Flat River River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): NWBS Element No.:
SC.073015. Discharge of fill material for replacement of a pipe culvert, extension of a second culvert, riprap bank
stabilization, and site dewatering.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 14 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Eric Alsmeyer at telephone [phone], ext 23.
Corps Regulatory Official Date: 02/24/2005 Verification Expiration Date: 02/24/2007
Copy Furnished: Heather Montague, NCDOT, Div. 9 (By a-mail)
*EEP
Page 1 of 2

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: The impact area contains stream channels of an unnamed tributary of the South Flat
River a tributary of the Neuse River with indicators of ordinary high water marks, and wetlands adjacent to a tributaries.
Corps Regulatory Official
Date: 02/24/2005 Determination Expiration Date: 02/24/2010
Summary of Authorized Impacts and Required Mitigation
Action ID NWP / GP O en Water ac Wetland ac Unim ortant Steam 1 Im ortant Stream l
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200421621 14 0.03 44
200421622 33 44

Im act Totals 0 0 0 0.03 0 0 44 44
Total Loss of Waters of the U.S. (ac) 0.03 Total Loss of Waters of the U.S. (lf) 44
Re uired Wetland Miti ation ac) 0 Re uired Stream Miti ation (lf) 48 In-Lieu/EEP
Additional Remarks and/or Special Permit Conditions:
The unavoidable permanent loss of 241inear feet of stream associated with this project shall be mitigated by
NCDOT by providing 481inear feet of restoration equivalent warm water stream channel in the Neuse River basin
(Hydrologic Cataloging Unit 03020201). NCDOT shall provide a plan to the USACE for addressing this
mitigation requirement by March 25, 2005. It is recommended that NCDOT provide this mitigation in accordance
with the procedures suggested in our letter dated September 1, 2004 from Mr. Ken Jolly to Dr. Gregory J. Thorpe.
Note: This verification does not include fill impacts to waters of the United States from any borrow sites, spoil
disposal, construction access, or on-site detours. These impacts would have to be permitted separately if they
become necessary.
Page 2 of 2

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WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200421621 200421622
Permittee: NCDOT; Division of Highways
southwest of Timberlake, North Carolina
Date Permit Issued: 02/24/2005
Project Manager: Eric Alsmeyer
County: Person
(WBS Element No.: SC.073015) On SR 1128; (Tom Oakley Road);
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance
with the terms and condition of the said permit, and required mitigation was completed in accordance with the
permit conditions.
Signature of Permittee
Date

. a ,_ _ ,

~ '~
r"
:~- t
Applicant: NCDOT; Division of Highways File Number: 200421621 Date: 02/24/2005
ATTN: Jon G. Nance, P.E.
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT Standard Permit or Letter of ermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SE~"TiCEN; I -'Tl~e "fo~Iowing ~ident7~ies your rights and options tegairduig an ~dznmi~trarive appeaFo f the above ~-
decision. Additional inforniatan maybe found at http://www.usace.azmy.>~i1/inetlfunctionslcw/cecwo/reg or
-
.,
,
Co s re latons at 33 CFR ~'arf 331. `
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

a - ~. , <.
SECTION II -'RE UEST FOR APPEAL ar OBJECTIONS TO AN INITIAL PROFFERED PERMTT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is alread in the administrative record.
POINT OF CONTACT FOR IJ"ES -IONS' OR TL~1F O~tMATIfJN:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Eric Alsmeyer Mr. Michael Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
US Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division
6508 Falls of the Neuse Road, Suite 120 60 Forsyth Street, Room 9M15
Ralei h, North Carolina 27615 Atlanta, Geor is 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Si nature of a ellant or a ent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

~~~
NCDENR /~
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 27, 2004
Person County
DWQ Project No. 041082
APPROVAL of 401 Water Quality Certification
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
;.:.346
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You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
secondary road improvements to SR 1128 (Tom Oakley Road) from SR 1129 (Frank Timberlake Road) to end of
pavement in Person County.
Impact Locations Stream Impacts
(Linear Feet) Riparian Buffer Impacts (Square Feet) Wetland Impacts (Acres)
Site 1 (STA 27 +36) 44 2,537 (1,529 Zone 1 + 1,008 Zone 2)
Site 2 (STA 39+98) 0.025 (1,128 sq.ft)
The project shall be constructed in accordance with your revised application dated received July 12, 2004. After
reviewing your application, we have decided that the stream impacts and wetland fills described are covered by
General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide
Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse
River Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, Nortlt Carolina 27604
Phone: [phone] FAX [phone] /Internet: h~://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper
NoithCarolina
~aturallr~

Page 2 of 4
DWQ No. 041082
3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or,.
protected riparian buffers.
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
~~ ~ : ~ The utside buffer, wetland or water boundar as well as alon the construction corridor within these
-: ~ ~; .. .Q Y g
•~ . ~oetrtdaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that
have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities.
10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
11.) Pursuant to NCACISA 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.

Page 3 of 4
DWQ No. 041082
18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
19.) For 441inear feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to
its preconstruction contours and revegetated with native vegetation.
20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. Apost-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
21.) No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal or vertical
placement of the culverts, the horizontal or vertical placement of bridges, the horizontal or vertical placement of
grassed swales, or the horizontal or vertical placement of open ditches is permitted without written approval
from the NC Division of Water Quality 401 Wetlands Unit. In addition, no changes to the flow spreader
locations or designs, preformed scour hole locations or designs are permitted without written approval from the
NC Division of Water Quality 401 Wetlands Unit. Any request for changes to the referenced items above will
require submittal of a modification request, with seven copies, and corresponding fees will need to be submitted
to the North Carolina Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
,.i
SincereJ~y,
/ ; ~~ f
~;Fglan W. Klimek, P.E. -~~~
JEH/njt
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Battle Whitley, P.E., NCDOT, District Engineer, District 2, 815 Stadium Drive, Durham, NC 27704
Mr. Billy Timberlake, NCDOT, County Maintenance Engineer, PO Box 991, Roxboro, NC 27573
Mr. Jeremy Goodwin, EI, CPESC, NCDOT, Roadside Field Operations, Divisions 4 & 5, 1558 MSC, Raleigh,
NC 27699-1558
Central Files
File Copy
c:\Cotrespondence\DW Q041082\071904wgc.doc

Page 4 of 4
DWQ No. 041082
DWQ Project No.: ~~} (~ $2
County: ~~,Y50P1
Applicant: ~ ~,~0'r ~1V 5 ~ 7; ~ l~ant~.
Project Name: S1Q 1128 ~'Ton,~ ~~c~,a, {~~Q~
Date of Issuance of 401 Water Quality Certification: ? 127 ~ O y
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I> ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I> , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date