19890204 Ver al_Complete File_20100726

P', N. C. LEPARTMLNT OF TRANVORTAI!ION`
TRANSMITTAL SLIP DArE `.
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TO: REF. NO. OR R I CM. bLDO.
FROMS REF. NO. OR;IIOOM. 11LD4.

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? NOTE AND FILE ? PER OUR CONVIIREATION
? NOTE. AND RETURN TO ME ? PER YOUR It"411E01,
? RETURN WITH MORE' DETAILS ? FOR YOUR AI,PjQVAL. - -
? NOTE AND SEE. ME ASOUT THI• ? FOR YOUR INPORMATION.
? PLEASE ANSWER ? - FOR Yowl C6.MMENTS
? PREPARE REPLY POR MY SIONATURE ? SIONATURE -
? TAKE APPROPRIATE ACTION ? INVESTIOATE AN,D REMOIlT
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1000N - AeOJ
DEPARTMENT OF THE ARMY
1 10 WILMINGTON DISTRICT, CORPS OF ENGINEERS
?1 a P.O. BOX 1890
` . r{r 1?; ; f WILMINGTON, NORTH CAROLINA 26402.1890
A
December 12, 1989
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C089-N-064-0391
Dr. L. R. Goode
Manager, Program & Policy Branch
Division of Highways
North Carolina Department
of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611
Dear Dr. Goode:

?_ r r

On June 12, 1989, you applied for a Department of the Army permit to place
fill material in 7.8 acres of wetlands adjacent Lane Swamp and Swift Creek to
widen U.S. 301 between Battleboro and Whitakers, Nash County, North Carolina.
As stated in my letter to you dated August 25, 1989, *attached please find
a copy of the State Coordinated Viewpoint letter regarding this project.
As you recall, this application has been suspended pending conclusion of
Section 7 consultation with the U.S. Fish and Wildlife Service. Concerns have
been noted regarding Federal status review species in the area, as well as the
nomination of Swift Creek for designation by the State as an Outstanding
Resource Water. These concerns should be addressed prior to reactivation of
this application.
Ms. Kathy Trott of my staff will be processing your application. She can
be reached at telephone [phone].
Sincerely,
ha s lw?z
llis
hief, Regulatory Branch
Enclosure
10001+ - Ad00
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
1000N - Ad00
`}nit
g
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James C. Martin, Governor William W. Cobey, Jr., Secretary
November 29, 1989
Mr. Charles Hollis
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Mr. Hollis:
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0391
dated July 27, 1989 which describes a project proposal by the N. C. Department
of Transportation, Division of Highways of Raleigh. The project, involving
wetland fill to facilitate a highway widening project is located along the U.
S. 301 corridor crossing of Lane Swamp and Swift Creek between Battleboro and
Whitaker, in Nash County.
In the course of this review, two agencies submitted objections and/or
expressions of concern. Of special importance, the N. C. Wildlife Resources
Commission reports the presence of an endangered species in the project area.
Viewpoint comments and the agency submitting each follows:
N. C. Wildlife Resources Commission
potential impacts by the project
federally-listed endangered species.
and special report are enclosed.
- recommends permit denial based on
on the Tar River Spiny Mussel, a
A copy of the Commission's. comments
Division of Community Assistance - recommends that DOT redesign the project to
reduce impacts and suggests that "the harm to the environment exceeds the
benefit of the road".
Division of Environmental Management - issued Section 401 Water Quality
Certification No. 2389 for this project on November 3, 1989.
Division of Land Resources - reported early in the review period that
sedimentation and erosion control had not been specified as required by the
agreement between DOT and the Sedimentation Control Commission. It is
recognized that, should the project go forward, such provisions would be
required by DLR and via the 401 Certification.
It should be noted that reviewers were generally puzzled by this
particular widening project when apparently other 301 segments in the area are
not proposed for such upgrading.
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eaual Or)oortunity Affirmative Action Emnlovrr
1OOON - AeOO
Mr. Charles Hollis
Page 2
November 29, 1989
Finally, it should be noted that the Wildlife Commission report indicates
that mitigation measures to protect endangered species must be addressed to
warrant favorable review by that agency.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the above listed agencies.
Very sincerely,
Jo
.
?2??Ojzr
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management
Division of Land Resources
Division of Community Assistance
Enclosure

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H.C. WILDLIFE RESOURCES COMMISSION REPORT
FRESHWATER MUSSEL SURVEY IN APES STUDY AREA
AUGUST, 1989
Since 1986, the North Carolina Wildlife Resources Commission has been
surveying for the critically endangered Tar River spiny mussel.
Stations have been selected from throughout the Tar River Drainage Basin
and from come areas of the Chovan, Roanoke, and Reuse Drainages. At
present, a viable population of the Tar River spiny mussel only exists
in Swift Creek - a large tributary of the Tar River.
In general, freshwater mussel populations are declining rapidly
throughout the study area. No mussels have been found below Greenville
in the Tar River.. Only relict, ancient individuals of a few species are
found in the Cashie River and the lower Chowan River. This indicates
that no successful reproduction has taken place in recent years. In the
main channels of the Reuse and Roanoke rivers, only the pollution
tolerant eastern elliptic has been found at some stations. The Little
River, a tributary of the Reuse River in Wake, Johnston, and Wayne
counties, is developing major sedimentation problems. Once healthy
populations of nine mussel species are now declining. There are signs
of limited reproduction in several species in the Little River. Ilany
other examples of declines can be given.
It is evident that major environmental problems exist throughout the
study area and in time, without significant changes in, air, land and
water use, moat of the freshwater ecosystems will be greatly modified in
the cowing years. To prepare for an eventual restoration of these
ecosystems, we need to protect the beat remaining stream reaches as a
source of native species - fish, mollusks, aquatic insects, and all
other organisms. These areas are considered essential for the future
restoration of the major rivers in the APES study area: Swift and
Fishing creeks and the Upper Tar River in the Tar River Drainage Basin;
and Little River (Wake, Johnston, and Wayne counties), Little River
(Orange and Durham counties), Eno River, and South Flat and Flat rivers
(Person and Durham counties) in the Neuse River Drainage Basin.
Finally, the APES Committee should know that mussel populations have
declined in rivers throughout the Atlantic Slope Region - frcm Hew
England into the Southeast. Many mussels, in state after state, once
considered common are nov considered endangered, threatened, or special
concern species. In addition to other land and water quality problems,
the effects of acid precipitation on aquatic ecosystems may be
increasing as soil buffering capacities are reduced throughout this
area. It may be that mussels are acme of the first aquatic species to
decline as this acidification process continues. If thin is true, then
other freshwater species may follow the decline in our mussel species.
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1
SANDY / SWIFT CREEK (FRANKLIN, NASH, AND EDGECOMBE
COUNTIES)
RECOMMENDATION FOR OUTSTANDING RESOURCE WATER CLASSIFICATION
BY
THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION I
LOCATION:
Franklin, Nash, and Edgecombe Counties, North Carolina:
Ingleside, Gold Sand, Centerville, Justice, Castalia, Essex,
Red Oak, Drake, Whitakers, Draughn, Hartsease, and Tarboro
7.5 minute, USGS topographic quad maps.
Swift Creek has its origins in Vance County near Henderson
and flows through Warren, Franklin, Nash, and Edgecombe
Counties. Above the Franklin / Nash county line, this
tributary to the Tar River is known as Sandy Creek; below
the line, it becomes Swift Creek. Swift Creek enters the
Tar River a few miles upriver from the water intake
facilities for Tarboro - county seat for.Edgecombe County.
SIZE OF RECOMMENDED OUTSTANDING RESOURCE WATER:
Swift Creek from the Vance / Franklin county line to the
creek's confluence with the Tar River in Edgecombe County
(approximately 80 miles long) is nominated as an Outstanding
Resource Water. No tributary streams to Swift Creek are
recommended as an ORW.
DESCRIPTION, SIGNIFICANCE, AND REASONS FOR RECOMMENDATION:
1. Swift Creek ham an unusual hydrologic structure for
a tributary creek:
a. is located in both the Piedmont and Coastal
Plain regions of North Carolina
b. is more than 86 miles long
c. has a basin width averaging only 3 miles
across and has a drainage basin area of only 266
square miles (5% of the Tar River Basin)
-------------------------------------------
Prepared by John M. Alderman, N. C. Wildlife
Resources Commission Biologist. December 18, 1988.
(With revisions, August 4, 1989)
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2. A population of the Tar River spiny mussel
(Elliptio (Canthyria) steinstansana), a federally
listed critically endangered species, inhabits Swift
Creek. This species has been essentially extirpated
from the main channel of the Tar River (Alderman 1988).
3. At least one third of the mussel species described
by Johnson (1970) in the entire United States Atlantic
Slope Region inhabit the relatively small Swift Creek
Drainage (Alderman 1988):
SPECIES
Fusconain masoni
Elliptio complanata
Elliptio congnraen
Elliptio lanceolate
Elliptio steinstansann
Alasmidonta undulates
PROPOSED STATUS (Adams 1989)
Threatened (very healthy
population in Swift Creek)
Common
Common
Threatened (found
throughout most of Swift
Creek)
Endangered (as noted above)
Threatened (only found as
a common species at a few
sites in Swift Creek in the
Tar River Basin)
Anodonta cataracts
Anodonts imbecilis
Strophitus undulatus
Villosa constricts
Lampsilis carioca
Lampsilis ochrnces
Lampsilis radista
Common
Common
Special Concern
Common
Special Concern
Special Concern
Special Concern
9. A. H. Clarke (1978) feels that the Tar River
population of Alasmidonta undulata is *significantly
different from those from more northern localities.*
In the Tar River Drainage, this species is only common
in the Swift Creek basin.
5. To date, seventeen species of gastropods and
aphaerid clams have been identified from Swift Creek by
William F. Adams (1988b). Because so little is know
about the present status of these species, moat are
given an "undetermined" status.
6. A relatively healthy population
madtom (Noturus furiosua), a north
species, inhabits Swift Creek. Dur
activities for the Tar River spiny
madtoms were found in Swift Creek in
Counties. Noturus furiosus is a
Species Act candidate species.
of the Carolina
Carolina endemic
ing recent survey
mussel, Carolina
Franklin and Hash
U. S. Endangered
l 00014 - Ae00
7. The Neuse River waterdog (Necturus lewisi), a North
Carolina endemic species, inhabits Swift Creek.
Necturus lewisi is also a U.S. Endangered Species Act
candidate species.
8. The Swift Creek Swamp Forest Natural Area in
Edgecombe County is identified by the North Carolina
Natural Heritage Program as regionally significant.
The only known population of the endangered disjunct
Ranunculus flabellaris is found in this area. Also
according to Alan S. Weakley (1981), this area contains
"an excellent collection of characteristic swamp
forest species. The natural area contains 45
canopy species, including 13 oak species. This
area contains an excellent example of climax
zonation - the canopy species tending to occupy
characteristic niches within the swamp. There is
unique community composition; the swamp oak
communities contain much greater than average
diversity of oak species. No mention is found in
the literature of such diversity."
9. Tentatively, William F. Adams (1988b) has
identified Menetus sampsoni, a small gastropod from the
Mississippi Drainage Basin as part of the gastropod
community in Swift Creek.
10. Two freshwater shrimp were collected from Swift
Creek during recent survey activity for the Tar River
spiny mussel. The shrimp have been tentatively
identified as Palaemonetes kadiakensis, a species also
from the Mississippi Drainage Basin. Swift Creek may
have very significant evolutionary and distributional
significance.
11. The lower
fossil remains.
Formation which
This area needs
significance.
sections of Swift Creek expose abundant
These appear to be from the Yorktown
is approximately 4 million years old.
further investigation to determine its
12. The North Carolina Wildlife Resources Commission
has identified Swift Creek as an outstanding fishery
resource in North Carolina (Smith and Bayless 1964,
Fish 1968). This is an important stream which provides
good fishing for redbreast sunfish, large channel
catfish, and largemouth bass. The lower reaches
provide good fishing for anadromous species during the
spring migration. Presently, there are no dams on
Swift Creek except in the headwater area. Considering
the fisheries problems experienced in the Tar / Pamlico
Drainage during recent years, the significance of Swift
1000N Ad03
4
Creek as a migration corridor for anadromous fish needs
further investigation.
Additionally, Swift Creek
hunted wildlife species
types of small game.
THREATS TO INTEGRITY:
provides abundant habitat for
such as deer, ducks, and all
1. Major mussel die-offs have occurred throughout the
United States (Neves 1987). It is unknown whether
disease, parasites, or environmental contaminants are
causing these die-offs. One such die-off occurred in
the Tar River near Rocky Mount in April, 1986. To
date, no recorded die-offs have occurred in Swift
Creek.
2. Wastewater treatment plants have significant
negative effects on mollusk populations. In Virginia2s
Clinch River, mollusks were eliminated from a 4 KM
stretch downriver from a .7 MGD wastewater treatment
plant (Goudreau 1988). This effluent volume
represented only 5.8% of the average daily flow. Based
upon her research, Goudreau (pers. comm. 1988)
recommended that wastewater treatment plants should not
be located in creeks with threatened or endangered
mussels.
3. Interstate 95 and highway 301 in Nash County are
the only major roadways crossing Swift Creek.* An
accidental spill of a toxic waste at these crossings
could have a negative impact on aquatic species in the
lower sections of Swift Creek in Edgecombe County.
4. During periods of heavy rain, erosion from
surrounding lands will have negative effects on aquatic
species if agriculture and forestry best management
practices are not implemented.
5. A small area along Swift Creek on the Nash /
Edgecombe county line is zoned for industrial
development (Nash County 1988). However, because much
of this area is a wetland (Anonymous 1975), it is
unlikely that industrial development can occur there.
1000+ - Ad00
5
J
..
OWNERSHIP, LAND AND WATER USE, AND DEMOGRAPHIC DATA:
POPULATION DATA
YEAR FRANKLIN NASH
1900 25,4713
1910 24,692 33,727
1920 26,667 41,061
1930 29,456 52,782
1940 30,382 55,608
1950 31,341 59,919
1960 28,755 61,002
1970 26,820 59,122
1980 29, 811 67,153
1987 34,173 71,241
EDGECOMBE
37,995
47,8'34
49,162
51,634
54,226
52,341
55,988
59,071
DATA SOURCES:
Franklin County: Letsinger, P.S.
Budget and Management 1987
1981, Office of State
Nash County: Anonymous 1975, Office of State Budget
and Management 1983, Office of State' Budget and
Management 1987
Edgecombe County: Cockran 1982, Office of State
Budget and Management 1987
Although the above table shows modest population growth for
the three counties, there are significant trends from
certain townships in each county.
In Franklin County, Swift Creek flows through four townships
- Hayesville, Sandy Creek, Gold Mine, and Cedar Rock. The
1970 population for these four townships was 6,640. Total
population in 1980 was 7,014 (Letsinger 1981). This area
continues to be a relatively rural part of Franklin County
and is zoned for agricultural and residential use except for
16 road intersections designated for neighborhood business
or highway business (Franklin County Zoning Map 1988).
Population by township is not presently available for Nash
County; however, it is very apparent that the land area near
Swift Creek continues to be used largely for agricultural
and forestry purposes. In general, these lands are best
suited for forestry use versus agricultural use because of
soil conditions (Anonymous 1975).
In Edgecombe County, Swift Creek flows through three
townships - Lower Fishing Creek, Upper Fishing Creek, and
Swift Creek. In 1920, the total population for these three
100DH - AdOD
6
townships was 6,877. By 1980, total population had dropped
to 6,371 (Cochran 1982). This indicates that this area is
becoming more rural with time.
In all three counties, individuals and families own most of
the land in the townships containing Swift Creek. Very
little is owned by businesses or corporations. The small
area owned by corporations belongs largely to timber
companies- Another general trend is that small tracts of
land are owned in the four Franklin County townships, and
the tracts of land become larger through Nash County and
into Edgecombe County. Information from county tax
collector offices was obtained to determine ownership
information and trends.
WATER RESOURCES:
The Tar River is the major source of water for towns and
cities in Franklin, Nash, and Edgecombe counties. Nash and
Edgecombe counties are presently considering the development
of county water systems. The present safe yield from the
Rocky Mount reservoir plus water available from the Tar
River near Tarboro is 72 million gallons per day. On
maximum use days, 22.2 million gallons of water are used;
however, on average days the total volume used is 15 million
gallons per day (Anonymous 1988). This clearly indicates
that the Tar River can supply adequate amounts of water for
Nash and Edgecombe Counties well into the next, century given
present population and use trends. Should additional water
needs exist in the future, the Rocky Mount reservoir could
be expanded. Therefore, there is no foreseeable' need to
construct a reservoir on Swift Creek or to withdraw water
from the creek.
WATER QUALITY:
The Division of Environmental Management (DEM) collects
water quality data from Swift Creek near Hillardston in Nash
County. The biological classification in 1986 was good (DEM
1988x). Ninety-three benthic macroinvertebrates were
collected at the site with twenty-five listed as mayflies,
stoneflies, and caddisflies. This information plus
information describing the thirty mollusk species present in
Swift Creek should allow DEM to upgrade the biological
classification to excellent.
References:
Adams, W. F. 1989a. Checklist of the freshwater and
terrestrial mollusks of North Carolina with notation of
their statuses in the state. Draft.
100714 - Ad00
7
Adams, W. F. 1988b. Tar River gastropod collection report
to the North Carolina Wildlife Resources Commission.
Alderman, J.M. 1988. Tar River spiny mussel distribution
survey. Annual report to the U.S. Fish and Wildlife
Service.
Anonymous. 1975. Comprehensive land development and
policies plan for the Nash County planning area, 1975-
1985. (Planning Agency: Nash County Planning Board)
Anonymous. 1988. Water feasibility study for Edgecombe
County.
Clarke, A.H. 1978. Canthyria morrisoni (new species)
(Unionidae) and other mollusks of a unique ecosystem:
the Tar River, N.C. (Unpublished manuscript.)
Clarke, A.H. 1983. Status survey of the Tar River spiny
mussel. Final report to U.S. Fish and Wildlife Service
with supplement.
Division of Environmental Management. 1988x. Benthic
macroinvertebrate ambient network (BMAN) water quality
review 1983-1986.
Division of Environmental Management. 1988b. Water quality
progress in North Carolina, 1986-1987 / 305E report.
Fish, F.F. 1968. A catalog of the inland fishing waters in
North Carolina. Final report for Federal aid in fish
restoration. Project F-14-R.
Franklin County Zoning Map. 1988. (Available in Franklin
County Planning Office.)
6oudreau, S. 1988. Effects of Sewage Treatment Plant
Effluents on Mollusks & Fish of the Clinch River in
Tazewell County, Virginia. Report to the U. S. Fish '&
Wildlife Service.
Johnson, R. I. 1970. The systematics and zoogeography of
the Unionidae (Molluscs: Bivalvia) of the Southern
Atlantic Slope region. Bull. Mus. Comp. Zool.
140(6):263-449.
Letsinger, P. S. 1981. Land Development Plan, Franklin
County, North Carolina.
Nash County 1988. Nash County, North Carolina Zoning Map.
Neves, R.J., editor. 1987. Proceedings of the workshop
1000N - Ad00
8
on die-offs of freshwater mussels in the United States.
Sponsored by the U.S. Fish & Wildlife Service.
Office of State Budget and Management. 1983. North
Carolina Municipal Population.
Office of State Budget and Management. 1987. Report to the
Department of Revenue on estimates of population.
Smith, W.B. and J. Bayless 1964. Survey and Classification
of the Tar River and Tributaries, North Carolina. N.C.
Wildlife Resources Commission final report to the U.S.
Fish & Wildlife Service.
Weakley, A.S. 1981. Swift Creek swamp forest natural area.
pp. 229-283, In: (Radford, A. I. , et al. 1981.
Natural Heritage Classification, Inventory, and
• Information. The University of North Carolina Press.)
Widlak, J.C. 1987. Recovery plan for Tar River spiny
mussel (Elliptic (Canthyria) steinstansana) Johnson and
Clarke. U. S. Fish and Wildlife Service.

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Mana,;ement
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor November 3, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Dr. L. R. Goode, Ph.D.; P.E.
Manager, Program and Policy Branch
N.C. Department of Transportation
Post Office Box 25021
Raleigh, North Carolina 27611
Dear Dr. Goode:
Subject: Certification Pursuant to Section 401
of the Federal Clean Water Act,
Proposed Widening of U. S. Hwy. 301
Lane Swamp and Swift Creek
Nash County
Attached hereto are two (2) copies of Certification No. 2389
issued to N. C. Department of Transportation dated November 31
1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
1? Q ^1
Paul Wilms
Attachments
cc: Wilmington District Corps of Engineers
R Leigh Regional Office
r. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
. i . ti
NORTH CAROLINA
Nash County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to North Carolina Department of Transportation pursuant to an
application filed on the 21st day of July, 1989 to widen U.S.
Highway 301 between Whitakers and Battleboro.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to
waters of Lane Swamp and Swift Creek in conjunction with the
proposed roadway construction in Nash County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate Sections 301, 302, 303, 306, 307
of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
2. That the filling of wetlands and any construction
should not cause any noticeable deposition of
sediment in the streams. Appropriate sediment and
erosion control practices should be employed.
Violations of any condition herein set forth shall result in
revocation of this Certification.
~ This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 3rd day of November, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
R. Paul Wilms, Director
WQC,? 2389
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SUCTION
RALEIGH REGIONAL OFFICE
August 25, 1989
M E M O R A N D U M
TO: Bill Mills
Division of Environmental Management
FROM- Timothy L. Donnelly, P.E.
Regional Water Quality Supervisor
SUBJECT: 401 WQ Certification
Hwy. U.S. 301
Nash County
1
V `' y
i
s 1? ?

The Raleigh Regional office does not object to the issuance of the
subject 401 WQ Certification under the following conditions:
(1) Filling of the wetlands and any construction should not cause any
noticeable deposition of sediment in the streams. Appropriate sedi-
ment and erosion control practices should be employed.
(2) The discharge of fill into the wetlands should not result in a vio-
lation of the turbidity standard specified in 15 NCAC 2B .0211 or
the free-flowing stream adjacent to the fill site.
If you have any questions, please give me a call.
TLD/RDM/jf

r
?''? • DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
4rY1 P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 19, 1989
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C089-N-064-0391

r. r. ?

L9
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of NCDOT for a Department of the Army permit
and a State Water Quality Certification to place fill material in wetlands
adjacent Lane Swamp and Swift Creek to widen U.S. 301 between Battleboro and
Whitakers in Nash County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by September 19,
1989, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Kathy Trott, telephone (919)
836-0749.
Sincerely,
Karl W. Iiol s
hief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
STATt

'? \YI

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY June 12, 1989
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
ATTN: Regulatory Branch
Dear Sir:

l -It ,
, ." 1989
Rt:GULAMRY BNANCiI
DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: Widening of US 301, Battleboro to Whitakers, Nash Co.
(R-652)
The North Carolina Department of Transportation proposes to widen
approximately 4.16 miles of US 301 from Battleboro to Whitakers in Nash
County. Two new lanes with median section will be added to the existing
two lane facility.
In order to accomodate planned improvements, approximately 7.78
acres of seasonally flooded wetlands associated with Swift Creek and
Lane Swamp will be impacted.
The NCDOT has had extensive coordination with the U.". Fish and
Wildlife Service and the N.C. Wildlife Resource Commission regarding
appropriate mitigation for wetland losses. We have committed to debit-
ing the NCDOT Company Swamp mitigation bank to compensate for wetland
takings. An interagency team has already completed HEP analysis of the
site and credits will be debited if permit approval is forthcoming.
Application is hereby made to allow proposed work to proceed. By
copy of this letter, we are also requesting issuance of 401 (Water
Quality Certification from the N.C. Division of Environmental Manage-
ment, NRCD.
An Equal Opportunity /Affirmative Action Employer
I
If additional questions arise, please contact Mr. Jerry McCrain
at 919-733-7842.
Sincerely,
dl_ ( a9__
L. R. Goode, PhD, PE
Manager, Program & Policy Branch
LRG/GRM/slg
Attachments
cc: Mr.-Paul Wilms, ATTN: Mr. Bill Mills, DEM
Mr. Tommy Peacock, PE
Mr. W. M. Ingram, PE
Mr. A. L. Hankins, PE
Mr. Don Morton, PE
Mr. L. A. Sanderson, PE
Mr. C. A. Gardner, PE
Mr. G. R. McCrain
Mr. Ken Bellamy, FH'WA
Please type or print. Carefully describe all an-
ticipated development activities, including consauc-
tion, excavation, filling, paving, land clearing, and
d. Describe the planned use of the pmjca.
RN it 4 lann high.Ij Viith_go' median _
stormwater control. If the requested information y,:.3 v c l?
not relevant to your project, write N/A (notla
plicablc). hems 1-4 and 8.9 must be completed
198
all proj:.-as.
- AY
North Carolina Department of Transporta
a. Name L. R. Goode, Ph.D., PE'
Address P. O. Box 25201.
City RalQigh State NC
Zip 27611 Day phone [phone]
Landowner or X_ Authorized agent
b. Project name (if any) 121A
8.1160802 (R-652
c. If the applicant is not the landowner, also give
the owner's name and address.
a. Str1?"Bslss or secondary road number
b. City, town, community, or landmark
Between Qattlehoro and WhitakPrs
c. County Nash
d. Is proposed work within city limits or planning
jurisdiction? Permit sites ai.side city limits,
c. Name of body of water nearest project
Lane Swarm and Swift Creek
...- > _ 1. •_ Vic.
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Add 2 new lanes with median to existing
2 lane higkiay
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or bothl
rx?v workk
c. Will the project be for community, private, or
commercial
project wifbe for public use
ERAf
a. Size of entire tract 4.163 miles, 1115' R/W
ion b. Size of individual lot(s)_N/A
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum BE to 130'
d. Soil type(s) and texture(s) of tract
N
C. Vegetation on tract rutnver hottrmland
harem, nds
f. Man-made features now on tract
exist 2 lane hicqay
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
residential, carmercial, and primarily industrial
i. How arc adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? WS
If so, by whom? NC State Historic Preservation
Officer
ON
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposal 2 ariditipnal lames and
rmriian
b. Number of lots or parcels. N/A
c. Density (Give the number of residential units
and the units per acre.) -N./A
d' Tumi es Ong, cir-disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimcn-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such 0 ages mnc?`udi n9 existing
buildings, or rooftops.
anes o pavement
g.' List the matenais, such as mart, paver stone,
concrete, to be used for paved
asphalt, or con asphalt
surfaces:
h. If applicable, has a stotmwater management
plan-been submitted to the Division of En-
vironmental Managcment? NSA
i. Describe proposed sewage disposal and/or waste
water treatment facilities. N/A
j. Have these facilities received state or local
approval? x
k. Describe existing treatment facilities.
1. Describe location and type of di?r:harges to
waters of the state (for examplcrsurface runoff,
sanitary wastewater, industriallcommercial
effluent, or "wash down").
,,urfAra mmnff
m. Water supply source NfA
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. NJA
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? N/A
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which arc covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in ?'te
tland or be ow
we
site
MHW sit
#2
Upland fill
areas
±3800 ±80'
±500' ±70'
U. tnmount or maLCnaL LO Uc Cxcav-.iLCU from
bclow water level in cubic .yards 2550 yd 3
c. Type of material sand and muck
d. Does the area to be excavated include marsh-
land, swamps, or other --wetlands? yes
e. High ground excavation, in cubic yards N/A
f. Dimensions of spoil disposal area used for road fi 11
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance? yes
If so, where? in roadway f i l l
j. Does the disposal area include any marshland,
swamplland,lor water areas? no
k. Will the fill material be placed below mean
high waterl yes
1. Amount of fill in cubic yards 22988 cu yd
M. Type of fill material suitable fill material
n. Source of fill mater ial o c a o r r ow
o. Will fill material be placed on marsh or other
wcdan&? yes-on project site
p. Dimensions of the wetland to be filled see a )
q. How will excavated or fill material be kept on
site and erosion controlled? with stringent
erosion control measures
r. What type of construction equipment will be
used (for example, dm pl nc, ?al roadr
hydra lic dred e)? y
cyons*ucti?n equ1pmen
s. Will wetlands be crossed in transporting equip-
ment to the project site?.ao-_ If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
a. Length of bulkhead or riprap
b. Average distance watcrrvard of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
? . az t f - a MIMMM?,)? In
addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the dead or other instrument under
which the owner claims title, plus written pcrmis-
sion from the owner. to carry out the project.
An accurate work plat (including plan view and
cr= sectional drawings) drawn to scale in black
ink on 8 VL x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats arc acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's *use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal' Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is rc-
quired by G.S. 113.229(d).
Name See Attached
Address Sheet 12 of 12
A list of previous state or federal permits issued
for work on the project tract.'Include permit
numbers, permince, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.GS. 113A-1 to 10).
Y <
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
1 certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-lip mc4ti7oring of project.
'Mn' the day of A?_W? ,
19?.
X "
Landowner o uthori-ed agent
Name Send the completed application materials to the
Address Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. Sec the
Name map on the inside front cover for the appropriate
Address DCM office and addresses and phone number.
3
7 utl
uli
_ 1 ? lnt
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to
0?'ICINITY MAP OF STATE PROJECT 8.1180802
MAP FROM N.C. D.O.T. HIGHWAY MAP
N.C. DEPT. OF TRANSPORTATION
i o 2 4 MILES DIVISION OF HIGHWAYS

SCALE NASH COUNTY
TOTAL FILL ON PROJECT = 117,200 CY PROJECT 8.1160802 (R-652)
TOTAL FILL IN WETLAND AREAS = 63,370 CY WIDENING OF U.S. 301
TOTAL FILL BELOW O.H.W. = 22,988 CY -
,
SHEET I OF AUG. 1988
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PROPERTY OWNERS
NAME AND ADDRESS
PROJECT NO. 8.1160802 (R-652)
WIDENING OF US 301
NASH COUNTY
1. ELIZABETH WHITE FISHER
P. 0. BOX 336
BATTLEBORO, NORTH CAROLINA 27809
2. JOHN WHITE FISHER, ET. AL.
P. 0. BOX 158
BATTLEBORO, NORTH CAROLINA 27809
3. RAYMOND R. BRADLEY, JR.
ROUTE 1
WHITAKERS, NORTH CAROLINA 27891
4. ALVIN A. & FRANCIS B. WOODARD
110 S. CHURCH STREET
ENFIELD, NORTH CAROLINA 27823
5. L. D. AND SARAH EGERTON
P. O. BOX 401
BATTLEBORO, NORTH CAROLINA 27809
6. HENDERSON LANES, INC.
P. 0. BOX 876
BATTLEBORO, NORTH CAROLINA 27809
7. M C. JUDGE
P. 0. BOX 327
WHITAKERS, NORTH CAROLINA 27891

r
PROPERTY OWNERS
NAME AND ADDRESS
PROJECT NO. 8.1160802 (R-652)
WIDENING OF US 301
NASH COUNTY
1. ELIZABETH WHITE FISHER '
P. 0. BOX 336
BATTLEBORO, NORTH CAROLINA 27809
2. JOHN WHITE FISHER, ET. AL.
P. O. BOX 158 -
BATTLEBORO, NORTH CAROLINA 27809
3. RAYMOND R. BRADLEY, JR.
ROUTE 1
WHITAKERS, NORTH CAROLINA 27891
4. ALVIN A. & FRANCIS B. WOODARD
110 S. CHURCH STREET
ENFIELD, NORTH CAROLINA 27823
5. L. D. AND SARAH EGERTON
P. 0. BOX 401
BATTLEBORO, NORTH CAROLINA 27809
6. HENDERSON LANES, INC.
P. 0. BOX 876
BATTLEBORO, NORTH CAROLINA 27809
7. Id . C. JUDGE
P. 0. BOX 327
WHITAKERS, NORTH CAROLINA 27891
i??Y ?? 'S1ATf? ???
A
.??Y T,un Nab,.
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor August 2 1989 «11 i an W. Cobey, Jr., Secretary
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental :Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No.039j dated
7427189 describing a project proposed by Divisinn n Hff hIMVs,
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 81Sq
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

" U o
T G
AV G 1989 'v
?i? Y DEPARTMENT OF THE ARMY
?" Wilmington District, Corps of Engineers
.'? y?? Post Office Box 1890
(/? A«????? Wilmington, North Carolina 28402-1890
CESAW-C089-N-064-0391
?vljk
July 27, 1989
PUBLIC NOTICE
THE DIVISION OF HIGHWAYS, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
Post Office Box 25201, Raleigh, North Carlina 27611 has applied for a
Department of the Army permit TO PLACE FILL MATERIAL INTO WETLANDS ADJACENT
LANE SWAMP AND SWIFT CREEK TO WIDEN U.S. 301 BETWEEN BATTLEBORO AND WHITAKERS,
Nash County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that Site "A" (Swift Creek) will include the placement of
approximately 53,486 cubic yards of material (21,337 cubic yards of fill below
the plane of ordinary high water) in 7.0 acres of wetlands. Vegetation
includes willow oak, red maple, hazel alder, swamp white oak, black willow,
soft rush, cattails and lizards tail. Three bridges will be replaced and
widened and four 10-foot by 7-foot box culverts will be extended.
Site "B" (Lane Swamp) includes the discharge of approximately 9,884 cubic
yards of fill (1,651 cubic yards below O.H.W.) into 0.8 acre of wetlands. A
triple 8-foot by.6-foot box culvert will be extended. Wetland vegetation
primarily consists of swamp cottonwood, tulip poplar, sweetgum, willow oak,
river birch, red maple, giant cane, soft rush and various sedges
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
r
RECEIVED ?
'1110 J 1 1989
PE-KNITS & ENGINEERING
-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
i
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
V
-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
August 21, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before August 14, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Kathy Trott, until 4:15 p.m.,
August 28, 1989, or telephone [phone].

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VICINITY MAP OF STATE PROJECT 8.1160602
MAP FROM N.C. D.O.T. HIGHWAY MAP
N.C. DEPT. OF TRANSPORTATION
1 0 4 MILES DIVISION OF HIGHWAYS
SCALE NASH COUNTY
TOTAL FILL ON PROJECT = 117,200 CY PROJECT 8.1160802 (R-6521
TOTAL FILL IN WETLAND AREAS = 63,370 CY WIDENING OF U.S. 301
TOTAL FILL BELOW O.H.W. = 22,988 CY
SHEET I OF ?. AUG. 1988
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PROPERTY OWNERS
NAME AND ADDRESS
PROJECT NO. 8.1160802 (R-652)
WIDENING OF US 301
NASH COUNTY
ELIZABETH WHITE FISHER
P. 0. BOX 336
BATTLEBORO, NORTH CAROLINA 27809
JOHN WHITE FISHER, ET. AL.
P. 0. BOX 158
BATTLEBORO, NORTH CAROLINA 27809
RAYMOND R. BRADLEY, JR.
ROUTE 1
WHITAKERS', NORTH CAROLINA 27891
ALVIN A. & FRANCIS B. WOODARD
110 S. CHURCH STREET
ENFIELD, NORTH CAROLINA 27823
L. D. AND SARAH EGERTON
P. 0. BOX 401
BATTLEBORO, NORTH CAROLINA 27809
HENDERSON LANES, INC.
P. 0. BOX 876
BATTLEBORO, NORTH CAROLINA 27809
M. C. JUDGE
P. O. BOX 327
WHITAKERS, NORTH CAROLINA 27891
i