19920382 Ver al_Complete File_19920721

dst Mo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor July 21, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Barney O'Quinn
Planning and Environmental Branch
N.C. Department of Transportation
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn:
Subject: Proposed Fill in Waters
Bridge 45 replacement at US 401/421
Harnett County
DEM Project #92382
Upon review of your request for Water Quality Certification
to place fill material in the Cape Fear River for
Bridge replacement of Bridge 45 at US 401/421 located at
Lillington in Harnett County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2727 issued May 1, 1992. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide
Permit No. 33.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
A. Pre ton Howard, J . P.E.
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville R.ilcigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9199466481 919/395-3900 919/8967007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone [phone]
-, cum,w Arfi- n,r lVnon Employer
An Equal 0)n
. 111" . i
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
District Engineer
U.S. Army Corps of
P.O. Box 1890
Wilmington, North
i
I
e ? SUTj u?
r
STATE OF NORTH CAROLINA
DEPARTMENT IOF TRANSPORTATION
P.Or BOX 25201
RALEIGH 27011-5201
July 16, 1992
Engineers
Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR

SUBJECT: Harnett County, construction of temporary
construction accessway in association with the
replacement of Bridge 45 on 05401/421 and NC
27/210 over the Cape Fear River at Lillington.
On August 17, 1989, The U.S. Army Corps of Engineers
granted The North Carolina Department of Transportation a
Nationwide Permit for Categorical Exclusions (NWP 23)
authorizing the above referenced bridge construction
project. NCDOT at this point assumed that construction of
the bridge could proceed, and work on the new bridge began
in September of 1991. The replacement bridge is being
built on existing location, with traffic detoured onto the
adjacent bridge 46.
In order for the contractor to gain construction
access to the new bridge, rubble from the existing bridge
demolition was to be placed into the Cape Fear River to
serve as a temporary construction accessway. These
accessways were to be approximately 20 feet wide, and would
extend approximately 150 feet into the river from either
side of the river, allowing at least 200 feet navigational
clearance in the middle of the river. It was assumed by
NCDOT that the construction of these accessways was also
authorized under NWP 23. Therefore, the contractor has
already constructed the accessway on the south side of the
river, and has just knocked down the existing bridge on the
north lido of the river. The contractor was preparing to
use the rubble form the north side of the bridge to
construct the northern construction accessway when
An Equal Opportunity/Affirmative Action Employer
7RA C-QCtt : nN -iq I : n i ?z : L[? I NA EG, -L T--inf -
. ,q.. .
personnel from your office informed NCDOT that the
accessways were not authorized under NWP 23, and that no
additional fill could be placed into the river. A Cease
and Desist order was then issued regarding these accessway
fill activities.
Further correspondence with your office now indicates
that the accessways may be authorized under NWP 33
(Temporary construction, Access, Dewatering). Application
is hereby made for Nationwide Permit 33 Authorization,
allowing the accessway on the south side to remain in place
and permitting the construction of the north side
accessway. Following completion of the bridge
construction, the temporary accessways will be completely
removed to an upland site. No additional fill activities
will take place in the river until the issuance of this
permit. Please note that all possible construction has
been completed from the south side accessway, and
construction activities on the project have come to a halt
awaiting resolution of this matter. Therefore, your prompt
attention to this matter would be greatly appreciated.
For your information, we have provided a Predischarge
Notification in accordance with the Nationwide Permit
notification requirements. By copy of this letter, NCDOT
is requesting the issuance of the corresponding General 401
Permit from the N.C. Division of Environmental Management.
If we may be of further assistance, or if you require any
additional information, please contact Mr. Doug Huggett of
NCDOT's Environmental Unit at [phone].
J y,uinn, E.
ch Managoz
and Environmental Branch
BJO/dvh
cc: Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Corps
CMA aqc'"
John Dorney, DEM
Roy Shelton, FHWA
William Marley, PE, State Highway Administrator
J. T. Peacock, PE, Chief Engineer-Preconstruction
L. J. Ward, PE, Planning and Environmental Branch
Wayne Bailey, PE, Chief Engineer-Operations
Bill Rosser, PE, Division 6 Engineer
Jim Wilder, PE, State Bridge Construction Engineer
of Engineers , Wilimgnton Field Office
n" -1-q I
al bZ : L.0 I NA c6 LT--Inf
f ,
... OEM ID:
ACTION ID '.''^'
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTIO11 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMI;PIT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE. SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: N.C. Department of Transportation AITN: B.J.O'Quinn
2. Ow1jSRS ADDRESS: P.O. Box 25201
Raleigh.NC 27611
3. OWNERS PHONE-NUMBER (HOME): (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Harnett
NEAREST TOWN OR CITY: ?illin ton
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Bridge 45 on US 4011421 and NC 27/210 over Cane Fear River
6. NAME OF CLOSEST STREAM/RIVER: Cape Fear River
7. RIVER BASIN: Cape Fear
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ] NO [Xx]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES (XXj NO {
IF YES, EXPLAIN. NWP 23 Cate orical Exclusion slued by E 8/17189
10. ESTIMATED TOTAL NUMBER OF ACRES OF
Approx. 2.0 acres Waters of the US,
tl-RA F,gctt
: nN 1q 1
WETLANDS LOCATED ON PROJECT SITE:
less than 1/3 acres fringe wetlands
2/3/92
:QI SE:LO Idj E6.-LT-

11. NUMBER OF ACRES OF 14ETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED. Temp. access road dimensions
DRAINED: approx. 150'(avg) x 20'(avg), both
FLOODED: lidos of river, approx. 0.14 acre temporary
EXCAVATED: fill
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Construction of 150' av x 201(av temporary constructs n ac
9
existin br d e rubble as fill. All f* mater
construction.
13. PURPOSE OF PROPOSED WORK:
Bridge construction accesswa
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE UETLAND
IMPACTS. To gain construction ^- eed to b
laced into river. After- across ill be
removed
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (N1,ffS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES jxA NO [ ] Consultation has taken
FNWAe between USFWS and
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHEDpla
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT? YES ?{xx] NO
[ ]
HAVE YOU DONE 30.
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY OEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
N/A
S. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A .
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Wooded fl dl-lal-13
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/e
-71? 61 f2
OWNS S IGNATUR DATI
CRA r-g7f3 : nN -1q i : Q I SZ : L0 I aj c6 . -L i--1nf
.
TO: J. It. Greenhill, Manager
Planning and Research Branch
Division of highways
Department of Transportation
FROM: David Brook, Deputy 5tate
Historic Preservation Officer
A
r?
t
North Carolina Department of Cultural Resources
James G. Martin, Governor Division of A7clil t" i 4a6d` History
Patric Dorsey, Secretary William S. Price, Jr., Director
August 24, 1989
MEMORANDUM
SUBJECT: US 401-421-NC 27-210, Bridge No. 45 over Cape
Fear River at Lillington, Harnett County, State
Project 98.1450901, Federal-Aid Project BRF--105-1(15)
1217, ER 90-7135
Thank you for your letter of August 4, 1989, concerning the above project.
tae have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project- Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Ms. Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
STAY?
2 `y
DB:slw
CC., Wayne Elliott, DOT
Barbara Church, DOT
109 EastJones Street 9 Raleigh, North Carolina 27611
qua G,gctt
nN -» i
M 92:2,0 IdJ c6,-LT--inf
. ...

NORTH CAROLINA
DEI'11,-IZTMENT OF TRANSPOI. FAMON
I-AX COVE It SI 1133-01'
Number You Are Calling: Your Dudget Code:
Vleeso deliver to:
Nome:

Ue)?ar?menL' ;
Address or room number:
't'his .tax is being sent- by:
,
Name : i)(?l ?,0? !?-? 1n?,Cl ?-•
phone Number:
Number of pages (including cover sheet):
If You do not receive ^ll pages clearly, call back as soon as
possible.
Remarks:
()'Jr LOx number 1r3 (919) 733 -9794
Clanning and Cnvirornncntal uranch
TM-A C-gctt :nH na, :CII !7:1.G1 INN c5.-LT--inf
A-
N. C. DEPARTMENT OF TRANSPORTA'CION
DATE
TRANSMITTAL SLIP -`? S2?
TO: REF. NO. OR ROOM, EILDG,
Mr. John Dorney
Water Quality Planning
DEM, DEHNR
Room 625-D
Archdale Building
L' PLEASE ANSWLK _
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
-k fi et ?\?z

4.? p
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
July 16, 1992
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
LL 2 1 '199'2
ROUP
sECnc??,.._ .i
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: Harnett County, construction of temporary
construction accessway in association with the
replacement of Bridge 45 on US401/421 and NC
27/210 over the Cape Fear River at Lillington.
On August 17, 1989, The U.S. Army Corps of Engineers
granted The North Carolina Department of Transportation a
Nationwide Permit for Categorical Exclusions (NWP 23)
authorizing the above referenced bridge construction
project. NCDOT at this point assumed that construction of
the bridge could proceed, and work on the new bridge began
in September of 1991. The replacement bridge is being
built on existing location, with traffic detoured onto the
adjacent bridge 46.
In order for the contractor to gain construction
access to the new bridge, rubble from the existing bridge
demolition was to be placed into the Cape Fear River to
serve as a temporary construction accessway. These
accessways were to be approximately 20 feet wide, and would
extend approximately 150 feet into the river from either
side of the river, allowing at least 200 feet navigational
clearance in the middle of the river. It was assumed by
NCDOT that the construction of these accessways was also
authorized under NWP 23. Therefore, the contractor has
already constructed the accessway on the south side of the
river, and has just knocked down the existing bridge on the
north side of the river. The contractor was preparing to
use the rubble form the north side of the bridge to
construct the northern construction accessway when
An Equal Opportunity/Affirmative Action Employer

...
personnel from your office informed NCDOT that the
accessways were not authorized under NWP 23, and that no
additional fill could be placed into the river. A Cease
and Desist order was then issued regarding these accessway
fill activities.
Further correspondence with your office now indicates
that the accessways may be authorized under NWP 33
(Temporary Construction, Access, Dewatering). Application
is hereby made for Nationwide Permit 33 Authorization,
allowing the accessway on the south side to remain in place
and permitting the construction of the north side
accessway. Following completion of the bridge
construction, the temporary accessways will be completely
removed to an upland site. No additional fill activities
will take place in the river until the issuance of this
permit. Please note that all possible construction has
been completed from the south side accessway, and
construction activities on the project have come to a halt
awaiting resolution of this matter. Therefore, your prompt
attention to this matter would be greatly appreciated.
For your information, we have provided a Predischarge
Notification in accordance with the Nationwide Permit
notification requirements. By copy of this letter, NCDOT
is requesting the issuance of the corresponding General 401
Permit from the N.C. Division of Environmental Management.
If we may be of further assistance, or if you require any
additional information, please contact Mr. Doug Huggett of
NCDOT's Environmental Unit at [phone].
Sincerely,
B.J 0' uinnY?E.
Ass st nt Br, cManager
Planning and Environmental Branch
BJO/dvh
cc: /r. John Dorney, DEM
Mr. Roy Shelton, FHWA
Mr. William Marley, PE, State Highway Administrator
Mr. J. T. Peacock, PE, Chief Engineer-Preconstruction
Mr. L. J. Ward, PE, Planning and Environmental Branch
Mr. Wayne Bailey, PE, Chief Engineer-Operations
Mr. Bill Rosser, PE, Division 6 Engineer
Mr. Jim Wilder, PE, State Bridge Construction Engineer
Corps of Engineers , Lgilimgnton Field Office

I
DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: N.C. Department of Transportation ATTN: B.J.O'Quinn
2. OWNERS ADDRESS: P.O. Box 25201
Raleigh NC 27611
3. OWNERS PHONE NUMBER (HOME): --- (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Harnett
NEAREST TOWN OR CITY: Lillington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Bridge 45 on US 401/421 and NC 27/210 over Cape Fear River
ACTION ID:
6. NAME OF CLOSEST STREAM/RIVER: Cape Fear River
7. RIVER BASIN:
Cape Fear
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ 1 NO [xx1
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE OP! THIS
PROPERTY? YES [x x1 NO [ ]
IF YES, EXPLAIN. NWP 23 (Categorical Exclusion) issued by COE 8/17/89
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Approx. 2.0 acres Waters of the US, less than 1/3 acres fringe wetlands
2/3/92
T
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: Temp. access road dimensions
DRAINED: approx. 1501(avg) x 20'(avg), both
FLOODED: sides of river, approx. 0.14 acre temporary
EXCAVATED: fill
TOTAL IMPACTED:
Construction of 150'(avq) x
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
rf hriri cin
20'(avg) temporary construction accessw Qara11P1 to p,nnqn 9P n g
existing bridge rubble as fill All fill material t? he rmmnvpd fnllrn-rinn
construction.
13. PURPOSE OF PROPOSED WORK:
Bridge construction accesswa
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. To gain construction access to bridge gitP Temnnr^rv ^('(PC4 rya ? weed to t
placed into river. After completinn of cnnstruc?, ^nr',-in?i fj > > will be
removed
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT M [E] AFFECTED BY
has taken
PROPOSED PROJECT. HAVE YOU DONE SO. YES W NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED-place between USFWS and
FWA.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTRIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE
MAY BE AFFECTED BY THE PROPOSED PROJECT? YES ?{xx] NO [ ]
HAVE YOU DONE S0.
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
N/A
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Wooded floodolain
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
6 ti
DATE
OWNERS IGNATUR

5Z'
,F V x^
. , 1069
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
August 24, 1989
MEMORANDUM
TO:
FROM:
`'s
Division of ArcOves.a6d History
William S. Price, Jr., Director
J. M. Greenhill, Manager
Planning and Research Branch
Division of highways
Department of Transportation
David Brook, Deputy State Historic Preservation Officer

SUBJECT: US 401-421-NC 27-210, Bridge No. 45 over Cape
Fear River at Lillington, Harnett County, State
Project #8.1450901, Federal-Aid Project BRF-105-1(15)
B-1217, ER 90-7135
Thank you for your letter of August 4, 1989, concerning the above project.
We have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project. Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council- on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Ms. Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
cc: Wayne Elliott, DOT
Barbara Church, DOT
109 East Jones Street • Raleigh, North Carolina 27611
T, _ __-9
y?.
s'
SiNZ °
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON July 16 , 1992
SECRETARY
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
IVV
TO
-77777?7----
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: Harnett County, construction of temporary
construction accessway in association with the
replacement of Bridge 45 on US401/421 and NC
27/210 over the Cape Fear River at Lillington.
On August 17, 1989, The U.S. Army Corps of Engineers
granted The North Carolina Department of Transportation a
Nationwide Permit for Categorical Exclusions (NWP 23)
authorizing the above referenced bridge construction
project. NCDOT at this point assumed that construction of
the bridge could proceed, and work on the new bridge began
in September of 1991. The replacement bridge is being
built on existing location, with traffic detoured onto the
adjacent bridge 46.
In order for the contractor to gain construction
access to the new bridge, rubble from the existing bridge
demolition was to be placed into the Cape Fear River to
serve as a temporary construction accessway. These
accessways were to be approximately 20 feet wide, and would
extend approximately 150 feet into the river from either
side of the river, allowing at least 200 feet navigational
clearance in the middle of the river. It was assumed by
NCDOT that the construction of these accessways was also
authorized under NWP 23. Therefore, the contractor has
already constructed the accessway on the south side of the
river, and has just knocked down the existing bridge on the
north side of the river. The contractor was preparing to
use the rubble form the north side of the bridge to
construct the northern construction accessway when
An Equal Opportunity/Affirmative Action Employer

personnel from your office informed NCDOT that the
accessways were not authorized under NWP 23, and that no
additional fill could be placed into the river. A Cease
and Desist order was then issued regarding these accessway
fill activities.
Further correspondence with your office now indicates
that the accessways may be authorized under NWP 33
(Temporary Construction, Access, Dewatering). Application
is hereby made for Nationwide Permit 33 Authorization,
allowing the accessway on the south side to remain in place
and permitting the construction of the north side
accessway. Following completion of the bridge
construction, the temporary accessways will be completely
removed to an upland site. No additional fill activities
will take place in the river until the issuance of this
permit. Please note that all possible construction has
been completed from the south side accessway, and
construction activities on the project have come to a halt
awaiting resolution of this matter. Therefore, your prompt
attention to this matter would be greatly appreciated.
For your information, we have provided a Predischarge
Notification in accordance with the Nationwide Permit
notification requirements. By copy of this letter, NCDOT
is requesting the issuance of the corresponding General 401
Permit from the N.C. Division of Environmental Management.
If we may be of further assistance, or if you require any
additional information, please contact Mr. Doug Huggett of
NCDOT's Environmental Unit at [phone].
Sincerely,
SnAssst uinn, E.
t B B chManager
Planning and Environmental Branch
BJO/dvh
cc: Mr. John Dorney, DEM
Mr. Roy Shelton, FHWA
Mr. William Marley, PE, State Highway Administrator
Mr. J. T. Peacock, PE, Chief Engineer-Preconstruction
Mr. L. J. Ward, PE, Planning and Environmental Branch
Mr. Wayne Bailey, PE, Chief Engineer-Operations
Mr. Bill Rosser, PE, Division 6 Engineer
Mr. Jim Wilder, PE, State Bridge Construction Engineer
Corps of Engineers , 14ilimgnton Field Office
?i
DEM ID:
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: N.C. Department of Transportation ATTN: B.J.O'Quinn
2. OWNERS ADDRESS: P.O. Box 25201
Raleigh,NC 27611
3. OWNERS PHONE NUMBER (HOME): --- (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Harnett
NEAREST TOWN OR CITY: Lillington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Bridge 45 on US 401/421 and NC 27/210 over Cape Fear River
6. NAME OF CLOSEST STREAM/RIVER: Cape Fear River
7. RIVER BASIN:
Cape Fear
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [xx]
9. HAVE ANY SECTION. 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x x] NO [ ]
IF YES, EXPLAIN. NWP 23 (Categorical Exclusion) issued by COE 8/17/89
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Approx. 2.0 acres Waters of the US, less than 1/3 acres fringe wetlands
2/3/92

- - - -2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: Temp. access road dimensions
DRAINED: approx. 150'(avg) x 20'(avg), both
FLOODED: sides of river, approx. 0.14 acre temporary
EXCAVATED: fill
TOTAL IMPACTED:
Construction of 150'(avg) x
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
20'(avg) temporary construction accessw narallcl to nropsed hrig
existing bridge rubble as fill All fill material n hn removed fnllrnlinn
construction.
13. PURPOSE OF PROPOSED WORK:
Bridge construction accesswa
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND eed to
IMPACTS. To gain construction access to brid s;t rmnnr
placed into river. After comclet on of constriirt?nn arrneg roadway fJ>> will be
removed
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES W NO [ ] Consultation has taken
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED placAe between USFWS and
FHW.
16. YOU ARE REQUIRED TO CONTACT
OF HISTORICEPRHISTORIC OPERTIESPINSTHEAPERMITFAREARWHICH
(SHPO) REGARDING THE PRESENCE
MAY BE AFFECTED BY THE PROPOSED PROJECT? YESxx] NO [ ]
HAVE YOU DONE S0.
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
N/A
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Wooded floodolain
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
??
7 LjC ]
OWNER^S IGNATUR DATE

r,.
/_ A
41 North Carolina Department of Cultural Resources
James G. Martin, Governor Division of Ard iv and History
Patric Dorsey, Secretary William S. Price, Jr., Director
August 24, 1989
M Gong AmnlTT•f
TO: J. M. Greenhill, Manager
Planning and Research Branch
Division of Highways
Department of 'transportation
i
FROM: David Brook, Deputy State
Historic Preservation Officer
SUBJECT: US 401-421-NC 27-210, Bridge No. 45 over Cape
Fear River at Lillington, Harnett County, State
Project X18.1450901, Federal-Aid Project BRF-105-1(15)
B-1217, ER 90-7135
Thank you for your letter of August 4, 1989, concerning the above project.
We have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project. Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above continent, please contact Ms. Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
cc: [Jayne Elliott, DOT
Barbara Church, DOT
109 East Jones Street • Raleigh, North Carolina 27611

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199202889
July 17, 1992
North Carolina Department of Transportation
Division of Highways
Attn: Mr. Jack Ward
Post Office Box 25201
Raleigh, North Carolina 25201
Dear Mr. Ward:
!_?IJ
1
1W; TLAIMS G11 Fj r;
WATER QUALITY SECT ,
We have received information regarding unauthorized discharge of fill
material into the Cape Fear River in connection with the replacement of the
U.S. Highway 401-421-NC 27-210, Bridge No. 45, at Lillington, Harnett County,
North Carolina.
It has been reported, and confirmed by my Regulatory Branch staff, that
fill material has been discharged by dropping the old bridge structure into
the river and placing earthen material over it to install a temporary
construction causeway. This activity in a water of the United States without
authorization by a Department of the Army permit is a violation of Section 10
of the River and Harbors Act and Section 301 of the Clean Water Act.
You are directed to cease and desist from any further work on the
temporary construction causeway and to submit a detailed written explanation
of your activities to this office within 10 days of your receipt of this
letter. We will then determine further appropriate administrative or legal
action.
Failure to comply with this directive may result in referral to the United
States Attorney with a recommendation for civil prosecution.
By our letter dated August 17, 1989, we acknowledged your determination
that the bridge replacement work would be done as a Categorical Exclusion
under our Nationwide Permit No. 23. Your narrative description of the work
did not address the demolition and discharge of the old bridge into the river
or the construction of a temporary work causeway. Enclosed is a copy of the
Pre-Diacharge Notification application which should be completed and returned
for processing to consider these activities for after-the-fact authorization
under Nationwide Permit Number 33.

-2-
If there are questions, contact Mr. Rudolf Schiener, Regulatory Branch,
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
United States Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611
Ms. L. K. (Mike) Gantt, Field
Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Ken Averitte
NCDEHNR
Suite 714, Wachovia Building
Fayetteville, North Carolina 28301
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
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
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
/North Carolina Department of
Environment, Health and
Natural Resources
Division of Environmental Management
Post Office Box 28687
Raleigh, North Carolina 27611-3726