20081160 Ver 1_Application_20080723

cir^~

STATE OF NORTH CAROLINA y
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY

July 22, 2008
U.S. Army Corps of Engineers 081160
Regulatory Field Office Post Office Box 1000

Washington, N.C. 27889-1000
Attention: Bill Biddlecome

Subject: Request for a NW 3 permit for pipe replacement on SR 1238 (Altona Drive) in Dare County.

The North Carolina Department of Transportation is requesting a NW 3 permit for pipe
replacement on SR 1238 (Altona Drive) in Dare County. The pipe is located approximately 200 feet from
the intersection of SR 1237 and SR 1238. The pipe will be removed using NCDOT best management
practices for pipe replacement. The current pipe 1 @ 42' x 18" Corrugated Metal Pipe will be replaced
with 1@ 44' x 18" Corrugated Aluminum Arch. The pipe is located in a UT to Sandy Bay, a tributary to
the Pamlico Sound. The PCN, vicinity map, and permit drawings are included with this letter. If you need
any additional information or have any questions concerning this project please call me at 252-482-7977.
Sincerely,

Jerry Jennings
Acting Division One Engineer
Clay Willis ~i/(.~%~'2'
Division One Enviro ental Officer

Cc: Garcy Ward, DWQ
Sonia Gregory, DWQ

t ~

Dare County SR 1238 Altona Drive
pipe replacement

G 0

Durant Point

Ratltr~son G'~snna, ee~m . -

sANDY BAY
pipe replacement N
- : {
N3S.a~3is

Dunt~ap Pain

wS `

A~a1b~ r~ ;

USGS Quad - Hatteras 0 0.25 0.5 1 Miles

Pasquotank River Basin

Office Use Only: Form Version March 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing
1. Check all of the approval(s) requested for this project:

® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NW 3 _

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: Clay Willis, NCDOT Division 1 Environmental Officer
Mailing Address: 113 Airport Drive _
Suite 100
Edenton, NC 27932
Telephone Number: [phone] Fax Number: [phone] _
E-mail Address: tcwillis(a)ncdot.gov

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: N/A
Company Affiliation:
Mailing Address:

Telephone Number: Fax Number:
E-mail Address:

Updated 11/1/2005
Page 5 of 13

10. Describe the overall project in detail, including the type of equipment to be used: Replace
the existing pipe 1 (d 42' x 18" Corrugated Metal Pipe with the proposed pipes l (a, 44' X
18" Corrugated Aluminum Arch with riprap shoulders on both ends on its current alignment.
The current pipe will be removed entirely. Proper fill will be used to bring road to existing
height. The proposed pipes are longer to create safer public travel. HeM equipment used
will be an excavator, backhoe, and dump trucks.

11. Explain the purpose of the proposed work: To replace structurally a deficient pipe.

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.
None

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.

Updated 11/1/2005
Page 7 of 13

1. Provide a written description of the proposed impacts: This project will have 2 linear
feet of stream impacts and 10 sq. ft of fringe wetland impacts.

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,
se aratel list impacts due to both structure and flood*n . N/A
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
I fill (rip rap) marsh yes 1 0.0002

Total Wetland Impact (acres) 1 0.0002

3. List the total acreage (estimated) of all existing wetlands on the property: 0.009

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) nt? Before Impact (linear feet) (acres)
Site 1 Unnamed tributary Fill Perennial 10-15 Feet 2 feet 0.0006
to Sandy Bay

Total Stream Impact (by length and acreage) 2 Feet 0.0006

Updated 11/1/2005
Page 8 of 13

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, floodin , drainage, bulkheads, etc. None
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) (if applicable) ocean, etc.) (acres)

Total Open Water Impact (acres)

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0006
Wetland Impact (acres): 0.0002
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0008
Total Stream Impact (linear feet): 2 Feet

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.

8. Pond Creation N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:

Updated 11/1/2005
Page 9 of 13

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. Pipe replacement is going to
stay on the existing alignment and traffic will be detoured around the site by an offsite detour.
This will reduce temporary impacts to wetlands and the stream by not using an on-site detour and
keeping the road open The proposed pipes are longer to create wider shoulders for safer public
travel.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
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://h-)o.en.r.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

Updated 11/1/2005
Page 10 of 13

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
There is no mitigation proposed for this protect do to the minor amount of impacts.

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
(919) 715-0476 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC

Updated 11/1/2005
Page 11 of 13

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.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* 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.

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. Impervious acreage will remain the same.

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.
There is no sewage disposal associated with this project.

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:

Updated 11/1/2005
Page 12 of 13

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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Updated 11/1/2005
Page 13 of 13

PIPE REPLACEMENT O ALTONA DR.

IN HATTERAS

FRED O FRI?TS MCCULLOCH
159 SMITH RD, SPURGEON EVANS STOWS
LEXINGTON NC 27292 PO BOX 322
DB 379 P 271 PO D HATTERAS NC 27943
DB 1388 P 17
1 S BARN
R/W
AT END OF PIPE

F; OFOSEC FIFE 1? '1E' s> ':?6-. ,

EXIST, R40 PIF'= 1i§ 16' °Pa,42' C hi,
d. ie
~
183'T0 SR 1237 SR 1238 W.00,
E--
210' TO SR 1255
IO sq. ft fringe wetland
impact
PROPOSED RIP RAP
AT END OF PIPE VIRGIR7A R. AUSTIN NC DEPARTMENT OF TRANSPORTATION
1229 ELDER AYE. DIVISION OF HIGHWAYS
CHESAPEAKE
COUNTY: DARE COUNTY
An~us~n aue~r ~as~ ¢ SIMUax sz~MUrrar
/ QUAD o BUXTON
~G BASIN : PASQUOTAIVK
PROJECT: PIPE REPLACEMENT
Drawn By : J. Chambers
T SCALE 1 30' DATE : 5,2 71V8

A.LTC)NA DR. IN HATTERAS

PROPOSED RIP RAP PROPOSED RIP RAP
PROPOSED DROP INLET AT END OF PIPE
AT END OF PIPE CL ROAD ELEV Y

ci ISTIPr'v ^ II'E it 1n?{rt.r^_' CIMP
PROPOSEDI 187x44' CAA TO GT +
I Xi3 In FiE IN CR' I Ct; PROPOSEDI5" HDPE 'X * • c;^

NOTE: CLASS B STONE TO BE PLACED AROUND END OF PIPES
NOTE: BOTTOM OF NEW PIPE TO BE PLACED IS I INGIPA:
BELOW SILT LINE

O`I 1 PH E

ALTONA DR. SR 1238 CL ROAD ELEV. 99.9
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
vrA: ELEV. 58. 3
EXISTING z EI'
BED
`cLE:r.B9.9
DARE COU11tTY
i 0 BE RE's- EX
IST 12NG PIPE 1@113X42' CXVk PROPOSED1@ 18"x44' CAA HATTERAS
k,Xi;~"'S IG PIPE INVERT ELE'V 9,
PASQUOTANK
PIPE REPLACEMENT
I"=10'
S27/n8