20071597 Ver 1_Application_20070921

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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
September 20, 2007
N.C. Division of Water Quality
Transportation Permitting Unit
2321 Crabtree Blvd./Suite 250
Raleigh, NC 27604-2260
Attention: Mr. Rob Riding, NCDOT Project Coordinator
LYNDO TIPPETT
SECRETARY
071597
Subject: Proposed repair of a pipe conveying an unnamed tributary to Fox Creek on
SR 1257 (Carol Drive) in Franklin County. WBS element 5.203511.
The North Carolina Department of Transportation (NCDOT) proposes to repair a pipe
conveying an unnamed tributary to Fox Creek on SR 1257 Carol Drive in Franklin
County (Figure 1 - 3). Information concerning this activity is provided below:
Impacts to Waters of the United States
The project crosses an intermittent stream, UT to Fox Creek, [NCDENR-DWQ Index No. 28-
25, Best Usage Classification C, NSW; HUC 03020101] in the Tar-Pamlico River Basin. The
existing structure that conveys the creek is a 24-inch reinforced concrete pipe (see
Photographs 1-2). This existing structure has disconnected on the outlet. The existing pipe is
perched about 2ft above the streambed, due to down cutting of the channel and material loss
from around the pipe end. The NCDOT proposes to reset the last two end joints and armor
the pipe end, associated fill slope, and stream banks with rip rap as needed (not to exceed
l O linear feet from the pipe end). Please note that resetting the end joints will not improve the
perched condition, it will only allow for collapsed shoulder section above the pipe end to be
rebuilt. In opes o stabilizing this area, please note the proposal to add large stone within the
channel below the outlet to repair the scour and provide secure step down for water exiting
this pipe. Due to the location of this crossing within the headwaters of this drainage system,
the use of this stone here should not interfere with or disrupt aquatic life passage. The
primary purpose of stone here is to eliminatebe_ d scour, reduce erosion, and provide a firm
___--__
foundation for the reset pipe end so that this pipe perh p ws ows ould not disconnect again.
During the construction of the project, the NCDOT proposes to temporarily dewater the work
zone (if necessary) for approximately 1 day. This will involve the temporary placement of
sandbags at the pipe inlet and 10 feet downstream of construction. To maintain water flow
during construction, water upstream of construction 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. Any effluent from the work area will be
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

2 ~ •
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 repaired. The materials used for dewatering will be removed after
construction.
Permanent impacts at the site associated with the repair of the structure will not exceed
10 feet of surface water fill concurrent with 10 feet of rip rap placed along the stream banks
to protect the structure (please note that proposed rip rap overlaps existing). Temporary
concurrent impacts will include the dewatering of 10 feet of stream.
Riparian Buffer
The maintenance at this site involves a road crossing of a stream that is subject to the
Tar-Pamlico River Buffer Rules. This intermittent unnamed tributary to Fox Creek is
depicted on the most recent version of the Louisburg (USGS 1978/1984) topographic
quadrangle (Figure 1) and the Soil Survey of Franklin County (USDA-SCS, 2004)
(Figure 2). Construction impacts at this site total 317 ft2 in Zone 1 and 390 ft' in Zone 2
(totaling l O lft of riparian buffer impacts).
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 Miti ate All compensatory mitigation requirements will be left
to the discretion of the regulatory review agencies.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of September 2007, there are three federally protected species
listed for Franklin County. They include dwarf wedgemussel (Alasmidonta heterodon),
Tar spinymussel (Elliptio steinstansana}, and Michaux's sumac (Rhus michauxii). The
roadway shoulders along Carol Drive are heavily maintained, eliminating the possibility
for Michaux's sumac to exist in this area. This intermittent stream is very small and
within the headwaters of its system, and does not provide suitable habitat for mussel
fauna. Additionally, a review of the Natural Heritage Program database (last updated July
2007) revealed no occurrences of protected species within the project area although there
are old records (from 1995) of DWM existing approximately 1.5 river miles downstream
at Fox Creek crossing on NC 56. Based on lack of suitable habitat observed during the
07/27/07 site visit and the NHP database review, biological conclusions of No Effect
have been rendered for each species.

3
Summary
The NCDOT proposes to repair the existing structure, armor pipe end, fill slope, and
streambanks with rip rap. Additionally large stone is proposed within the stream channel
for stabilization not to exceed 10 linear feet from the pipe outlet. If necessary, the work
zone will be dewatered for approximately 1 day. Temporary concurrent impacts will
include the dewatering of 10 feet of stream. The materials used for dewatering will be
removed after construction. The riparian buffer impacts at this site total 317 ft2 in Zone 1
and 390 ft2 in Zone 2 (totaling l O lft of riparian buffer impacts).
Application is hereby made for a NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3404, WQC No. 3366, and riparian 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
the 401 WQC without submitting a check for this permit application. This procedure will
provide payment to the NCDWQ by charging the permit application fee of $200.00
directly to the appropriate NCDOT WBS element 5.203511. A pre-construction
notification is attached with this request.
Per General Condition 27 [Notification provision], the USACE is not copied on this
permit request. The proposed activities meet the conditions of the Department of the
Army Section 404 Nationwide Permit (NWP) 14 and the proposed impacts do not exceed
the 1/10 acre of loss of Waters of the United States. Additionally this project does not
involve impacts to a special aquatic site. Therefore we intend to comply with all
applicable NWP conditions during construction of this project, working under NWP 14
with no notification required to the USACE.
If you have any questions or need additional information, please contact Ms. Heather
Montague at [phone].
Sincerely,
~/ ~~ ,~~
J.W. Bowman, P.E.
Division Engineer
cc: Mr. Steve Winstead, NCDOT District 3 Engineer
Mr. Jonathan Tyndall, NCDOT Franklin County Maintenance Engineer
Mr. Tim Robbins, NCDOT Roadside Environmental Field Ops Tech

Photograph 2. View looking downstream of pipe
(Please note that existing riprap amoring along on N bank continues out of sight).
SR 1257 Carol Drive -Franklin County
Photograph 1. View looking upstream of pipe.

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Offlce Use Orily: Fonn Version March OS
USACE Action ID No. DWQ No. ~ ~ ~ 7 ~ ~ 9 ~
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: non-reporting NWP 14
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(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 8

.. III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Proposed repair of a structure conve~g an unnamed tributary to Fox
Creek on SR 1257 (Carol Drive) in Franklin County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS 5.203511
3. Property Identification Number (Tax PIN):
4. Location
County: Franklin Nearest Town: Louisburg
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Louisburg, on Hwy
401 /Hwy 39 (0.7 mi N of the Hwy 561) make a right onto Cottrell Drive and travel E for
0 2 mile Then make a right onto SR 1257 (Carol Drive) and travel S approximately 600ft to
the project site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.1140 °N 78.2900 °W
6. Property size (acres): 0.2 acre
7. Name of nearest receiving body of water: Ut to Fox Creek
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//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: The general land us is residential and wooded.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: So that
the failed shoulder can be repaired the NCDOT will need to reset the last two joints from
this disconnected pipe. Rip rap armoring will be added to stabilize the stream banks and
shoulder sections above the pipe end. Additionally some stone will be placed in the stream
channel to stabilize the scour and provide a step down for water exiting this pipe. The
NCDOT will also dewater the work zone during construction, if necessary. Equipment may
include excavator backhoe bulldozer grader and crane.
11. Explain the purpose of the proposed work: The existing pipe has disconnected. The last two
end joints have fallen down and the overla~g material has collapsed, causing a void in the
roadway shoulder and fill section.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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.
Provide a written description of the proposed impacts: The existing pipe will be reset.
Additionally rip rap armoring will be used at the pipe end on the fill slope along the stream
banks and within the stream channel to repair the scour hole not to exceed 10 Iinear feet from
the pipe end. Concurrent temporary impacts for dewatering may also be necessary.
Page 3 of 8

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.
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 N/A N/A N/A N/A N/A

Total Wetland Impact (acres) N/A
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
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 Impact
Perennial o 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 1 UT Fill for stability Intermittent 2'0 10 0.0005
Fox Creek (stone in channel)
Rip rap armoring 10 0.0005
alon stream bank concurrent concurrent

Temporary 10 0.0005
dewatering concurrent concurrent
Total Stream Impact (by length and acreage) 10 0.0005
4. 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, dredsin~, 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
5. List the cumulative impact to all Waters of the U.S. resulting from the pro'ect:
Stream Impact (acres): 0.0005
Wetland Impact (acres): NONE
Open Water Impact (acres): NONE
Total Impact to Waters of the U.S. (acres) 0.0005
Total Stream Impact (linear feet): 10
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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.
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
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
aquatic resource will be considered in determining acceptability of appropriate and practicable
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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
htt~//h2o.enr.state.nc. us/ncwetlands/strmtride.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 directi~>ns
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear f~ et)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
All compensatory mitigation requirements will be left to the discretion of the regulatory
review a eg ncies.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http•//h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 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
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 aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
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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
(s uare feet) Multiplier Required
Mitigation
1 317 3 (2 for Catawba) N/A
2 30 1.5 N/A
Total 707 N/A
* Zone 1 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. No additional impervious surface is proposed
with this maintenance nine repair nroiect. Eroson_and sediment control devices at this site are
comprised of temporary dewaterin ag nd rip rap armoring of new structure.
Page 7 of 8

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 ¢enerate 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/ncwetlands. If no, please provide a short narrative description:
This maintenance project will not result in additional development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

q zo o~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8