20090296 Ver 1_Application_20090323

STATE OF NORTH CAROLINA 2 Ls?vO
DEPARTMENT OF TRANSPORTATION ?"?S, R ??0 a
,
BEVERLY EAVES PERDUE EUGEN?')PNTI, JR.
GOVERNOR SEC

March 18, 2009
N.C. Division of Water Quality
Transportation Permitting Unit
2321 Crabtree Blvd./Suite 250 090296
Raleigh, NC 27604-2260 Attention: Mr. Rob Riding, NCDOT Project Coordinator
Subject: Application for Neuse Riparian Buffer Authorization for the repair of
failed slope on South Saunders Street Ramp to I-40 East, Wake County.
The North Carolina Department of Transportation (NCDOT) proposes to repair a. slope
failure by repositioning a dislocated stormwater outfall drain pipe on the South Saunders
Street Ramp to I-40 East in Wake County. The newly relocated stormwater outfall slope
drain pipe will have a 3ft x 311 rip rap splash pad at the outlet and will be positioned
approximately 3Oft west of the original drain (Figure 3).
Impacts to Waters of the United States
The project is located within the Neuse River Basin. An unnamed tributary to Walnut Creek
is the sole jurisdictional resource within the project area. Walnut Creek in this area has been
assigned [NCDENR-DWQ Index No. 27-34-(4)a, Best Usage Classification C NSW; HUC
03020201] (see Photographs 1-2). No designated Outstanding Resource Waters (ORW),
High Quality Waters (HQW), Water Supply I (WS-1), or Water Supply lI (WS-II), waters
occur within 1.0 mile of the project site. Walnut Creek at this site is listed as 303(d). There
will be no permanent or temporary impacts to jurisdictional streams or wetlands associated
with the proposed activity.
Riparian Buffer Impacts
The unnamed perennial tributary to Walnut' Creek running parallel along the toe at the
bottom of the fill slope is subject to the Neuse Buffer Rules. This stream is depicted on the
most recent version of the Raleigh West (USGS 1968/1988) topographic quadrangle (Figure
1) and the Soil Survey of Wake County (USDA-SCS, 1970) (Figure 2). Riparian buffer
impacts associated with the proposed drain pipe repair will total 600 SF in Zone 2 with no
impacts in Zone 1. The existing stormwater outfall drain pipe through the riparian buffer will
be repositioned approximately 30ft west of the slope failure location. A 3ft x 3ft rip rap
splash pad will be installed at the outlet of the reset structure within Zone 2 of the riparian
buffers. The impacts proposed are allowable since there is no increase to the number of
Division Five -2612 North Duke Street, Durham, North Carolina 27704
Telephone: [phone] Fax: [phone]
it
outfalls pipes in this area, we are just shifting the location of the existing structure to
.facilitate the failed fill slope.
Waters of the U.S./Riparian Buffer Mitigation
Avoidance/Minimization: The project is proposed to restore stability of this slope failure
area. If left unattended the conditions at this site will worsen. The impacts to riparian buffers
will be limited to those necessary to install the repositioned stormwater outfall drain pipe and
the rip rap splash pad.
Compensatory Mitigation: Riparian buffer impacts as described are allowable. Therefore no
compensatory mitigation is anticipated or proposed for this project.
krotected Species
lants 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 March 2009, there are three federally protected species listed for
Wake County. They include the red-cockaded woodpecker (Picoides borealis), dwarf
wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii). Please note
that the bald eagle (Haliaeetus leucocephalus) was delisted as of August 8, 2007 and is no
longer protected by the Endangered Species Act. It is however, protected under the Bald and
Golden Eagle Protection Act. This project will have no effect on the bald eagle since no
habitat is present in the project area. Additionally, a review of the Natural Heritage Program
database (last updated December 2008) revealed no occurrences of protected species within
the project area. Therefore, based on lack of suitable habitat observed during the February
2009 site visits and the NHP database review, biological conclusions of No Effect have been
rendered for each species.
Summary
This project has been reviewed for jurisdiction under the Federal Clean Water Act (CWA).
There are no impacts to Waters of the US, therefore none of the actions of this project fall
under jurisdiction of the CWA. Therefore, no permits pursuant to the CWA are required.
However unavoidable impacts to Neuse Riparian Buffers are proposed. NCDOT requests
written Buffer Authorization from the NCDENR-Division of Water Quality. We are
providing five copies of this application to for review and approval. If you have any
questions or need additional information, please contact Mrs. Heather Montague at (252)492-
0111.
Sincerely,
?b?Q'•- i1WN?
W. Bowman, P.E.
Division Engineer
cc: Mr. Reid Elmore, NCDOT DIV 5 District 1 Engineer
Mr. Steve Halsey, NCDOT Wake County Maintenance Engineer
Mr. Tim Robbins, NCDOT DIV 5 Roadside Environmental Field Ops

South Saunders St Ramp
to I-40 East
Wake County
Raleigh West
USGS Topo Map (1968/1988)
Figure 1 1:24,000
C B2" 1
r
Cee2 { '.
y I
r
C6B2

2 APId
?I _
N
.; Q WY
%; 1E
Me
Ce62 CeC2
CeB2
CeCZ `

AD62 CeC2 y-

C1H3 - c
Gu I vv I
ADC2 Me
_..;.,_ _..\: APC2. .;..
..
APC2 .., ADC2

South Saunders St Ramp
to I-40 East
Wake County
USDA-SCS (1970)
Figure 2 1:15,840
.I
r
i
a
e

?w o
.ti ° U M

0
0
4
TFgOG
OHO,, WA
1 1 > =i
1?®?1 0 c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
? Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: N/A or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? NonA04 Jurisdictional General Permit _
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

® Yes ? No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Proposed repair of a failed slope on South Saunders St ramp to 1.40 East
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: NCDOT Division 5
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: 2612 N. Duke Street
3e. City, state, zip: Durham, NC 27704
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: wbowman(o)ncdotgov
4. Applicant Information (if different from owner) N/A
5. Agent/Consultant Information (if applicable) N/A
Page 1 of 8
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): N/A
1b. Coordinates (in decimal degrees):
Site: Latitude: 35.7531 Longitude: -78.6453
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 0.01 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Walnut Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Sites are surrounded by commercial land and highway systems.
3b. List the total estimated acreage of all existing wetlands on the property:
NONE
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
NONE
3d. Explain the purpose of the proposed project:
The project is proposed to restore stability of this slope failure area. If left unattended the conditions at this site will
worsen.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing stormwater outfall drain pipe through the riparian buffer will be repositioned approximately 30ft west of the
slope failure location. A 3ft x 3ft rip rap splash pad will be installed at the outlet of the reset structure within Zone 2 of the
riparian buffers. The impacts proposed are allowable since there is no increase to the number of outfalis pipes in this
area, we are just shifting the location of the existing structure to repair this slope failure.
Equipment may include a backhoe, a excavator, a bull dozer, and grader.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/

? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type

Prelimina
Final
? ry E]
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
Page 2 of 8
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
N/A
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Welland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T N/A N/A ? Yes ? Corps N/A
? No ? DWQ
2g. Total Wetland Impacts: NONE
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete.this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent(P)or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Site 1 ? P ? T N/A N/A ? PER ? Corps N/A N/A
Stream 1 ? INT ? DWQ
3h. Total stream and tributary impacts NONE
3i. Comments: N/A
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e. ,
Open water impact Name of waterbody
number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? P ? T N/A N/A N/A N/A
.4f. Total open water impacts NONE
4g. Comments: N/A
Page 3 of 8
PCN Form - Version 1.3 December 10, 2008 Version
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
5f. Total NONE NONE NONE NONE NONE NONE NONE
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes No If yes, permit ID no: N/A
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required?
Site ® P ? T ? Yes

Buffer Impact 1 repair fill slope UT to Walnut Creek
® No . NONE 600 SF

6h. Total buffer impacts NONE 600 SF
6i. Comments: outlet of reset stormwater outfall drain pipe and splash pad will stop short of Zone 1
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
.
The impacts to riparian buffers will be limited to those necessary to install the repositioned stormwater outfall drain pipe and
the rip rap splash pad. The drain pipe will be angled along the slope to avoid impacts to Zone 1.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A 3ft x 3ft rip rap, splash pad will be used at the outlet of the reset pipe. Also, sediment and erosion control Best Management
Practices for protection of surface waters and riparian buffers will be enforced during project construction.
Page 4 of 8
PCN Form - Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes Z No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
31b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: N/A linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes Z No
61b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 NIA N/A 1.5 N/A
6f. Total buffer mitigation required: NONE
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A
6h. Comments: N/A
Page 5 of 8
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a . Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ED No
Comments: this NCDOT transportation facility use is present and ongoing
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 20%
2b. Does this project require a Stonnwater Management Plan? ? Yes ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: NCDOT state Permit No. NCS000250
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stonnwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Wake County
? Phase If
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? N/A
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HOW
? ORW
(check all that apply): N/A ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? N/A ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? N/A ? Yes ? No
Page 6 of 8
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments: N/A
2. -Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
N/A
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discha rge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 7 of 8
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
h
i ® El Yes No
ab
tat?
5b. Have you checked with the USFWS concerning Endangered Species Act
i ? Yes
® No
mpacts? .

5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http://www.fws.gov/nc-es/es/countvfr.html and NC Natural Heritage Program Database, Element Occurrences
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPO's historic layer using GIS ArcView database
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? htti)://www.ncfloodmaDS.COM/
J. W. Bowman, P.E. p
__¢, ? ? bow na,.? t+w ?
3I 14 ? 09
Applicant/Agent's Printed Name "?T Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 8 of 8
PCN Form - Version 1.3 December 10, 2008 Version

1" v
r
}Sa.?i Y ? ? t
e t ? ' rd
l ? ???rr;art'? `4,r 3i. qy .
Photograph 1. View of slope failure, looking West.
oil
Y,.. r E, y •
I r
ILI
41
T ]
J [}
•r ??r
-INA
r * i t1? :ltd J r 1
t; y - _ . J ey .. a 5 kR.v; ?A ' r "J+)'r' r y t""'y
I s ° r e ? }?• w1a•• :!r ?,'h'?t -f?? ? ltt. ? ?'a t YlII t
eA 'e.
?} "• ..? l 'l, .:• ? ki+: ^?.?-.? r-nom ^ .t? ,??.?Yp' ..
Photograph 2. View of riparian buffer in location of reset pipe, looking South.
South Saunders Street Ramp to I-40 East
Wake County