20010410 Ver 1_Complete File_20010425

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Mr. Bill Gilmore, P.E., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 25, 2001
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Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the construction of the I-85 bypass of Greensboro from 1-85/I-85 Bypass Interchange
east of SR 3000 (McConnell Road) to I-85/1-85 Bypass interchange south of SR 1117 )Holden Road),
TIP I-2402, Federal Aid Project No. NHF-85-3(151), State Project No. 8.U492301, WQC Project No.
0104100 (DWQ No. original application 980349).
Guilford County
Attached hereto is a modification to Certification No. 3213 issued to the North Carolina Department
of Transportation on December 16, 1998. The attached modification authorizes additional impacts to
26 linear feet of streams as described in your application dated February 16, 2001. The project shall
be constructed in with the application dated February 16, 2001, with the attached conditions, and any
condition specifically listed below. It should be noted the modification is applicable only to the
additional proposed activities. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated December 16, 1998 and all other corresponding
modifications still apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments:
Modification to WQC No. 3213
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Winston-Salem Regional Office
Central Files
File Copy
Kerr T. Stevens
Division of Water Quality • 401 Wetlands Unit
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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O 9 Michael F. Easley, Governor
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October 27, 2005
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Clay Willis
Division Environmental Supervisor
DOT Division 1
113 Airport Dr. Suite 100
Edenton, NC 27932
Dear Mr. Willis,
This letter is in regards to the proposed changes in the mitigation requirement for the US 64 road
project in Tyrell County (TIP R-2548, DWQ project No. 000980, WQC No. 3302). According
to an August 14, 2001 memo to DWQ, DOT states that "the existing road will be removed and
graded down approximately 3.28 feet below the grade of the surrounding wetlands." In a recent
(October 4, 2005) permit modification request to the U.S. Army Corps of Engineers, DOT is
now requesting that the depth of excavation be changed from approximately 3.28 feet to 12
inches. The NC DWQ will be in agreement with the US Army Corps of Engineers permit
modification regarding these specified changes and will not require a separate 401 permit
modification for this request. However, in order to satisfy condition 7 of Water Quality
Certification No. 3302, DWQ request that a report be submitted detailing the changes in wetland
mitigation approved by a modification to the 404 permit issued by the Army Corps of Engineers.
This report shall be issued within two months of any permit modification issued by the Corps of
Engineers. Please feel free to contact me if you have any questions.
Sincerely,
Garcy Ward
Environmental Specialist
NC Division of Water Quality
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N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone]

STATE OF N

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LINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
April 23, 2007
Mr. Doug Huggett
NC Division of Coastal Management
Parker Lincoln Building
2728 Capital Boulevard
Raleigh, NC 27604
off: .
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LYNDO TIPPET" `
SECRETARY
Re: Allen Creek Bridge Mitigation Site, Brunswick County, State Project No. 8.1231501, TIP
No. B-3116, Action ID No. 200100913, DWQ Proj. # 03-0490, DCM Permit No. 73-03
Mr. Doug Huggett:
As you are aware, the Department has monitored the Allen Creek Bridge Mitigation Site since its
construction in May of 2004. Located in Brunswick County, at Bridge No. 56 over Allen Creek
on NC 133, this 0.24-acre site provides mitigation for temporary wetland impacts associated with
the B-3116 project. The temporarily impacted area where mechanized clearing occurred was
revegetated with Spartina alterniflora and must re-attain jurisdictional status at the end of three
years; hydrologic monitoring was not required for this project. According to permit conditions,
NCDOT was required to monitor the Allen Creek Bridge Mitigation Site for three years or until
success .criteria were met; with vegetation monitoring conducted each year. After each growing
season, annual monitoring reports were submitted to the appropriate regulatory agencies via the
Natural Environment Unit's (NEU) website.
After three years of vegetation monitoring, the Allen Creek Bridge Mitigation Site shows that the
planted vegetation is surviving and the temporarily impacted area has re-attained jurisdictional
status. Individual yearly monitoring data is provided within the annual monitoring reports
available on NEU's website between 2004 and 2006.
NCDOT requests that the appropriate resource agencies provide documentation stating that no
further monitoring is required and that the site is closed. If you have any questions about this
project, please contact Mr. Randy Griffin at [phone].
Sincerely,
J
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Philip
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1II, P.E., Unit Head
PDEA- Natural Environment Unit
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BOULEVARD
1598 MAIL SERVICE CENTER WEBsITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1598
cc: Mr. William Wescott, USACOE
Mr. Brian Wrenn, DWQ
Mr. Travis Wilson, WRC
Ms. Kathy Matthews, EPA
Mr. Gary Jordan, USFWS
Mr. David Harris, P.E., NCDOT-REU
Mr. Jay Johnson, NCDOT-DEO
Mr. Ron Sechler, NOAA
issue on R-2000F (I-540) in Wake County
Vubject: Re: Construction issue on R-2000F (I-540) in Wake County
Rob Ridings <[e-mail]>
Late: Fri, 13 Apr 2007 09:21:10 -0400
To: Chris Murray <[e-mail]>

Chris,
This change sounds fine with me. I'm assuming from the drawing, that only the position of the level spreader is being
changed, not the size or dimensions. Covering this small change in the as-builds should be enough so no permit mod is
needed.
thanks,
Rob
Chris Murray wrote:
Rob,
Construction on this roadway at the permitted sites is slowly being completed by the contractor. I wanted to discuss a
construction concern that has become evident at Permit Site 3 (Permit Drawings 10 and 11 of 90) near 368+40 Lt. I have
attempted to provide a thorough evaluation of the issue below:
Construction Issue
The attached permit drawings indicate the construction of a dry detention basin that discharges through a drawdown
structure to grassed swale and then to a level spreader. This is clearly depicted (in black) on the attached permit
drawings. The plan sheet for the project provides minimum dimensions (area and volume) for the dry detention basin that
must be adhered to during construction. The minimum dimension component of the dry detention basin is critical, as this
feature provides required treatment in regards to stormwater runoff on the project (i.e. the size of the dry detention basin
must be met during construction to comply with the riparian buffer rule). The dry detention basin at this permit site had to
be increased to meet the minimum dimensions as depicted on the plan sheet.
The increase in size of the dry detention basin affected construction of other features at the permit site due to right of way
and topographic constraints. Please note the features noted in red on the attached permit drawings. As noted above, the
dry detention basin had to be increased to meet the minimum dimensions. The right of way and topographic constraints
required the elimination of the grassed swale and a slight shift to the orientation of the level spreader.
Permit Analysis
I have discussed the situation with the hydraulics unit. They confirmed that the the dry detention basin and the level
spreader are the only features that provide the required treatment for stormwater runoff at the site. The grass swale that
was deleted at the site did not provide any of the required treatment at the site. This is supported by the information
presented in the buffer table on Permit Drawing 80 of 90.
I wanted to provide you with this information at this time. Based on the above information, this is a slight construction
revision that does not result in additional impacts to wetlands, streams or riparian buffers. Additionally, this revision does
not result in downstream water quality impacts. The riparian buffer below the outfall of the level spreader is stable. It
does not appear that a permit modification would be required for this construction revision as no features that were
required for stormwater runoff treatment were deleted from this site.
Please let me know if you agree with my assessment of the issue.
Thanks,
Chris Murray
Division 5 Environmental Supervisor
1 of 2 4/13/2007 9:21 AM
issue on R-2000F (I-540) in Wake County
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2 of 2 4/13/2007 9:21 AM
U L40 V Michael F. Easley, Governor
William G. Ross Jr., Secretary
42?el? Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 6, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, Individual
Permit for Bridge Nos. 74 and 76 Interchange Improvements over SR 1242 and Michaels Branch, TIP No. B-3157
Individual WQC No. 3467
Davidson County
Dear Dr. Thorpe:
Attached hereto is a copy of the Modification of Certification No. 3467 issued to The North Carolina Department of
Transportation dated December 6, 2005. If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Director
Attachments
cc: John Thomas, US Army Corps of Engineers Raleigh Field Office
Rachelle Beauregard, NCDOT - PDEA
Diane Hampton, DEO, NCDOT Division 9
Marla Chambers, Wildlife Resources Commission
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401 Transportation Unit File Copy
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.statem.us Winston-Salem, NC 27107
One
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Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Dr. Gregory J. Thorpe, PhD., Manager
December 6, 2005
Individual WQC No 3467 - Modification
Page 2
APPROVAL OF 401 Water Quality Certification Modification and Additional Conditions
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 Water Quality (DWQ) Regulations in 15 NCAC 2H,
Section .0500. This modification authorizes a temporary diversion channel for Michael's Branch to direct the now
into the new box culvert adjacent to site 1 segment #2 and the changes made to the natural channel design for site
1, segment #3 of Michael Branch dated November 18, 2005. This modification is applicable only to the modified
proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated July 28, 2004, the modification dated April 22, 2005, and all other corresponding modifications still
apply except where superceded by this certification.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory
hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 6t' day of December 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
WQC No. 3467

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MICHAEL F. EASLEY
GovERNtoR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
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LYNDO T&"T
SECRETARY
February 6, 2007
CONTRACT NO.:
STATE PROJECT:
T.I.P. NO.:
FEDERAL NO.:
COUNTY:
DESCRIPTION:
C200840
34512.3.1, 35018.3.1
R-2904, U-4026
STP-54(5), STATE FUNDED
Durham, Wake
NC-54 From SR-1999 in Durham Co. to SR-1959 in Durham Co. & SR-1999 from SR-
3014 in Wake Co. to NC-54 in Durham Co.
MEMORANDUM TO: J. W. Bowman, PE
Division Engineer
FROM: Phillip Johnson, PE, PLS
Resident Engineer
SUBJECT: Environmental Preconstruction Conference Meeting Minutes
An environmental preconstruction conference for the above referenced project was held on Friday, February 2, 2007
at the Resident Engineer's Office in Raleigh. The following persons were in attendance.

Name
Phillip Johnson, PE, PLS
T. N. Parrott, PE
Eben Miller
Ben Griffin
Jack Pedro
Jimmy Murray
Eric Dillon
Robert Tew
Donald Pearson
Chris Murray
Randy Henegar
Rob hidings
`Jim Wyngaarden
Rick Guthrie
Mike Wehrle
Tim Wooten
Galen Wall
Erick Frazier
Matt Wilson
Lon Snider
Tommy Davis
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
RESIDENT ENGINEERS OFFICE - DISTRICT DR.
1574 MAIL SERVICE CENTER
RALEIGH NC 27699-1577
Company
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Division 5
NCDOT Roadside Environmental
NCDOT Division 5 DEO
NCDOT Hydraulics
NCDWQ
C.C. Mangum
C.C. Mangum
C.C. Mangum
C.C. Mangum
C.C. Mangum
S.T. Wooten Corp.
State Construction
Clear-Con
Clear-Con
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
Contact
919-733-9499
919-560-6851
919-733-9499
919-733-9499
919-733-9499
919-733-9499
919-733-9499
919-733-9499
919-861-3780
919-560-6851
919-250-4100
919-733-9817
919-422-4245
919-582-3514
919-868-8189
919-669-3021
919-868-5574
252-291-5165
336-578-3920
919-859-9140
919-859-9140
LOCATION:
4005 DISTRICT DR.
RALEIGH, NC

r
R-2904 / U-4026 Environmental Preconstruction Conf.
Page 2 of 3
John Barlow Clear-Con 919-859-9140
Will Pederson River Works, Inc. 919-459-9001
PERSONNEL
Mr. Johnson introduced his personnel on the project and expressed the importance of erosion control and permit
compliance on the project.
Mr. Wyngaarden reviewed his subcontractors who would be performing erosion control work and CC Mangum's
personnel who would have roles in the erosion control installation and installation on the project, including the
names of his Level I and Level II certified personnel.
PERMITS
Mr. Murray distributed copies of the permit applications for both U-4026 and R-2904 to the contractor and the
Resident Engineer.
Mr. Murray reviewed the general permit conditions within these applications and the permits located in the contract
(both the DWQ and USCAE permits).
Mr. Murray discussed the need for proper embedment of pipes within permit areas whenever practically possible.
Any need to change the embedment would need to be reviewed on a case by case basis. Mr. Johnson noted the need
for proper surveying to ensure that this embedment occurs.
Mr. Murray discussed the need for on-site pre-construction meetings prior to the start of work within any of the
permit sites. The Resident Engineer will coordinate these meetings at the contractor's request to start work at these
locations.
Mr. Murray discussed the need for installation of orange safety fence to delineate the permit limits prior to the start
of clearing and grubbing. He will provide the Resident Engineer with permit drawings depicting these limits.
Mr. Murray stressed the need to follow the BMP manuals when installing erosion control at the permit sites.
Mr. Murray discussed the potential for issues with the stream relocations on the project due to the likely presence of
Triassic material. Also discussed was the need to construct stream relocations in the dry and contact the Resident
Engineer for review in advance of turning the water into the relocations. The Resident Engineer will coordinate an
onsite meeting with all necessary parties to ensure that all requirements have been met prior to turning the water into
the relocations.
Mr. Wehrle raised a concern regarding the potential size of the bore pits at the permit locations. Mr. Johnson and
Mr. Murray both commented that the need for any additional permit area to accommodate these bore pits would
need to be reviewed prior to starting work in these areas.
EROSION CONTROL
Mr. Wyngaarden noted that clearing and grubbing would start within approximately two weeks and that survey work
to set limits is currently underway. G

r
R-2904 / U4026 Environmental Preconstruction Conf.
Page 3 of 3
Mr. Johnson and Mr. Pearson reviewed the necessary certifications and inspection requirements required by
contractor's personnel on the project as outlined in the contract.
Mr. Pearson reviewed the erosion control inspection procedure, as well as the possibility that several of his
technicians may also be on site to perform reviews.
Mr. Pearson noted that an inspection from Land Quality would likely occur during the life of the project.
Mr. Pearson stated that he would be available to help with questions during the installation and maintenance of
devices.
Mr. Pearson stated that he would be available to conduct a training class for any personnel the contractor wished to
send. He advised the contractor if there was any interest and if so the Resident Engineer will help to schedule this
training.
Mr. Pearson distributed copies of Form 1675 for use in determining when payment for response for erosion control
should be made to the Resident Engineer.
Mr. Wyngaarden noted that clearing on the project would occur in phases.
Mr. Pearson stated that he has set up a number of water sampling devices on the project to help establish a baseline
for turbidity on the project.
Mr. Pearson noted the potential for pH issues with the material on the project and reviewed the requirements as
outlined in the contract.
Mr. Pearson stated that any long-term stockpiles would need to addressed as waste sites. He also stated that the
borrow and waste site reclamation plan guidelines are available on NCDOT's web site.
Mr. Pearson reviewed possible de-watering issues at both the culvert extensions and stream relocation sites.
Mr. Pearson and Mr. Johnson both stressed the need for maintaining good communication throughout the project so
that issues that occur can be dealt with in the most efficient and timely manner possible.
With no further comments from the participants, Mr. Johnson thanked everyone for their participation and adjourned
the meeting.
Meeting attendees are requested to provide in writing to this office any errors, omissions, or admissions to these
minutes.
cc: All Attendees
File B-1.1
ec: Mr. Dennis Jernigan, PE
Letter No.: 0008
c
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Ja
MICHAEL F. EASLEY
GOVERNOR
JAN 19 2007
DN. OF WATER QUALITY
DIRECTOR'S OFFICE
at
STATE'OF NOR-14I ' INA
DEPARTMENT OF TRANSPORTATION
January 17, 2007
CONTRACT NO.:
STATE PROJECT:
T.I.P. NO.:
FEDERAL NO.:
COUNTY:
DESCRIPTION:
SUBJECT:
TIPPETT
C200840 ONu?R, tt?
34512.3.1, 35018.3.1 R
R-2904, U-4026
STP-54(5), STATE FUNDED
Durham, Wake
NC-54 from SR-1999 in Durham Co. to SR-1959 in Durham Co. & SR-1999
from SR-3014 in Wake Co. to NC-54 in Durham Co.
Environmental Preconstruction Conference
C.C. Mangum Company, LLC
6105 Chapel Hill Road
Raleigh, NC 27607
Dear Sir:
The Environmental Preconstruction Conference for the above referenced project is scheduled for Friday
February 2, 2007, at 9:00 A.M. The conference will be at the Resident Engineer's Office, located at 4005
District Dr., Raleigh, NC 27607.
It is requested that you invite any proposed subcontractors deemed necessary. By copy of this letter, I am
inviting various Department representatives and Environmental Agencies having involvement and/or
interest in this project.
Should additional information be required prior to the conference, please contact my assistants, Ben Griffin,
Eben Miller, or me at [phone].
Sincerely,
44 U
Phillip Johnson, PE, PLS
Resident Engineer
cc:
NCDOT Resident Engineer:
Mr. Jack Pedro
Mr. R. M. Tew
NCDOT Division 5:
Mr. J. W. Bowman, PE
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
RESIDENT ENGINEERS OFFICE - DISTRICT DR.
1574 MAIL SERVICE CENTER
RALEIGH NC 27699-1577
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
LOCATION:
4005 DISTRICT DR.
RALEIGH, NC

31

S

Mr. T. N. Parrott, PE
Mr. Chris Murray
NCDOT Hydraulics Unit:
Mr. R. C. (Randy) Henegar, PE
NCDOT Structures Design Unit:
Mr. Greg Perfetti, PE
Mr. Brian Hanks, PE
NCDOT Roadside Environmental Unit:
Mr. Donald Pearson, EI, CPESC
Environmental Agencies:
Mr. Eric Alsmeyer, US Army Corps of Engineers
Mr. Travis Wilson, NC Wildlife Resources Commission
Mr. Alan W. Klimek, PE, NC Division of Water Quality
ec: Mr. Dennis Jernigan, PE
File A-3.1
Letter No. 0002

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 5, 2006
N. C. Dept. of Environment and Natural Resources
Division of Coastal Management
1367 U. S. Highway 17
Elizabeth City, NC 27909
Attention: Ms. Wanda Gooden
Dear Madam:
UC?OZg3
C? K?25
LYNDO TIPPETT
SECRETARY 44,, A
t9?
cy
Subject: CAMA Major Development Permit Modification Request for the proposed
replacement of Bridge No. 16 over Merchants Millpond on SR 1400, in Gates County.
Federal Aid Project No. BRZ-1400(4), State Project No. 8.2060201, WBS 33188.1.1,
TIP No. B-3640.
Reference: CAMA Permit # 102-06 dated June 8, 2006
As stated in the original application, the North Carolina Department of Transportation (NCDOT)
proposes to replace existing Bridge No. 16 on SR 1400 over Merchants Millpond in Gates County. Since
the CAMA Permit was issued, NCDOT has modified its plan to include temporary sheet pile to enhance
construction of the dam/spillway and fish ladder. Therefore, in addition to the permitted permanent
impacts, there will be temporary stream and surface water impacts.
To facilitate and expedite the construction of the proposed spillway/dam and fish ladder, the NCDOT
proposes to use sheet-pile downstream to prevent back-flow into the project area so that it may remain
dry during construction. This will result in 63 ft of temporary stream impacts and 0.14-acre of temporary
surface water impacts (see permit drawings). Consequently, installation of sheet piles will dispense the
need for ari Anadromous Fish Moratorium based on personal communication with the North Carolina
Wildlife Resources Commission.
NCDOT requests that the referenced CAMA Major Development Permit be modified to reflect the
revisions outlined in this letter. If you have any questions or need additional information please contact
Tyler Stanton at [phone] or [e-mail].
Sincerely,
C . '%? /-.u
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598
Cc W/attachment:
Ms. Cathy Brittingham, NCDCM
Cc W/o attachment:
Mr. John Hennessy, NCDWQ
Mr. Travis Wilson, NCWRC,
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Dr. David Chang, PE, Hydraulics
Mr. Greg Perfetti, PE, Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, PE, Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, PE, Roadway Design
Mr. Maj ed Alghandour, PE, Programming and TIP
Mr. Art McMillan, PE, Highway Design
Ms. Stacy Baldwin, PE, PDEA
NCDOT TIP B-3640 Page 2 of 2
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
d g I v L t ?f July 18, 2006
CERTIFIED MAIL ToR,yiyq RB _l
Return Receipt Requested Rqy ??
i
Gregory J. Thorpe, Ph.D. 7003 2260 00013494 6557SS
NCDOT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699
Subject: Permit Modification Request for NC 16 from North of SR 1386 in Lincoln County to North
of SR 1895 in Catawba County, TIP R-2206C, Federal Aid Project No. STP-F-24-1(34),
State Project No. 8.1830501, DWQ Individual Certification No. 3476, Modification Request
Received June 16, 2006
Dear Dr. Thorpe:
The Division of Water Quality (DWQ) has reviewed your request for a permit modification for the 401 Water
Quality Certification for the above referenced project. Review of your permit modification request revealed it is
lacking necessary information required to make an informed permit decision. The permit application was
deficient in the following areas:
• Provide a letter from the Ecosystem Enhancement Program (EEP) indicating that the appropriate
mitigation will be provided for the additional stream and wetland impacts.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit modification request on hold
until we are supplied the necessary information. You have 21 days to respond in writing with the requested
information or notification to this office that the information is forthcoming. If, at the end of the 21 days, this
office has not received this information in writing, we will assume you are withdrawing your application and it
will be returned. Furthermore, until the information is received by DWQ, we request (by copy of this letter) that
the US Army Corps of Engineers place the permit modification request on hold.
If you have any questions or require additional information, please contact Polly Lespinasse at [phone]
Sincerely,
for Alan W. Klimek, P.E.
Director
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Chris Underwood, NCDOT Project Development and Environmental Analysis
Trish Simon, Division 12 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
William Gilmore, Ecosystem Enhancement Program
Sonia Gregory, DWQ Central Office
Noce hCarolina
Natura!!ry
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Phone [phone]
Internet: www.ncwaterquality ora Mooresville, NC 28115 FAX [phone]
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, NC 27889-1000
Attention: Mr. Bill Biddlecome
NCDOT Coordinator
Dear Sir:
March 23, 2006
9 l?v
sr ? moo
LYNDO TI?TT
SECRETARY
Subject: Permit Modification; US 64/264 Bridge over Croatan Sound, Dare
County; TIP No. R-2551 & K-4003; State Project No. 8.T051401; Action
ID 199502334; DWQ Project Nos. 970856 & 009641 DCM Permit No. 7-
98.
The U. S. Army Corps of Engineers (USACE) issued a Section 404 Individual
Permit (IP) on March 4, 1998 for the construction of the subject projects. The special
conditions of the IP required the North Carolina Department of Transportation to
compensate for a portion of the unavoidable wetland impacts by providing the following:
restore 8.0 ac. of previously affected palustrine forested wetlands, preserve 76.20 ac. of
palustrine forested wetlands, restore 13.10 ac. of previously affected estuarine marsh
wetlands, and preserve 122.90 acres of estuarine marsh wetlands at the Mashoes Road
mitigation site in Dare County.
As you are aware, the Department constructed the mitigation site in the Spring of
1999 and planting was completed in Spring of 2001. Currently, the site has completed
the fourth year of post-construction monitoring.
As was documented in the 2004 Annual Monitoring Report and discussed at the
2004 Mitigation Monitoring Report Meeting on May 5, 2005, NCDOT has proposed to
closeout the Mashoes Road mitigation site. During the monitoring report meeting, the
N.C. Division of Coasfal Mana ement NCDC ex resse?a concern twat TbB o 1-6T1 -
marsh vegetation plots monitored in 2004 contained Phragmites australis. According to
Special Condition e. in the original permit dated March 4, 1998, mitigation work for
marsh and non-riverine bottomland hardwood wetlands will be undertaken at the
Mashoes Road mitigation site pursuant to the plan entitled "Mitigation Plan, Mashoes
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BOULEVARD
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
Road Mitigation Site". The Mashoes Road mitigation plan had previously stated that a
0% tolerance for Phragmites would be allowed in the coastal marsh site following
construction. As indicated in the monitoring report, Phragmites has been treated at the
site yearly. NCDOT has made every effort possible to control the spread of Phragmites
throughout the site. The Department requests that the USACE modify the permit to allow
Phragmites australis at the Mashoes Road mitigation site. NCDOT also requests that the
USACE consider the Mashoes Road mitigation to be closed and that no further
monitoring shall be required.
During an interagency site review on August 9, 2005, the site visit attendees
agreed that the site was successful and had met it goals with the exception of controlling
Phragmites. All of the agencies except for NCDCM also agreed that NCDOT could
close out the site. Since that meeting, NCDOT has proposed to NCDCM that the site be
closed out contingent upon the site being transferred to the U.S. Fish & Wildlife Service
(USFWS) and included in their land management program. The site will be integrated
into the overall refuge lands system as part of the Alligator River National Wildlife
Refuge. The site will also be subject to management actions that will provide the highest
quality natural wildlife habitat possible. Please see the attached USFWS letter dated
October 27, 2005 stating that the site will be incorporated into their land management
plan.
After reviewing the proposal from USFWS, NCDCM has provided a closeout
letter to NCDOT for the Mashoes Road mitigation site so long as the conditions stated in
the letter are met. Please see the attached NCDCM letter dated February 17, 2006 stating
that the site will be considered closed.
Thank you for all of your help with this project. If you have any questions or
would like additional information, please contact Mr. Randy Griffin of my staff at (919)
715-1425.
Sincerely,
Grego J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
cc: Mr. John Hennessy, NCDWQ
Mr. Travis Wilson, NCWRC
Ms. Kathy Matthews, USEPA _
Mr. Ronald Mikulak, USEPA - Atlanta, GA
Mr. Clarence W. Coleman, P.E., FHWA
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Ms. Cathy Brittingham, NCDCM
Ms. Wanda Gooden, NCDCM
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, P.E., Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Mr. Scott McLendon, USAGE, Wilmington
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Carl Goode, PE, Human Environment Unit Head
Mr. Bill Gilmore, PE, NC Ecosystem Enhancement Program
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Alligator River National Wildlife Refuge
Pea Island National Wildlife Refuge
Post Office Box 1969
Manteo, North Carolina 27954
[phone] 473-1668 (fax)
October 27, 2005
Mr. Philip S. Harris III, PE CPM
NCDOT - Project Development & Environmental Analysis Branch
Natural Environment Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
RECEIVED
OCT T3 + 2005
QI1fl.SI0as OF l??'??. AA S
Folr? a >`RE OF r;ATu,RAL Et;(R
We have been advised of the current status of the Mashoes Road Mitigation Site adjacent to
Alligator River National Wildlife Refuge. It is our understanding that prior to a land transfer
action as part of the project mitigation plan, various agencies require a statement of
management intent from the refuge.
Land and waters of the Mashoes Road Mitigation Site, upon transfer to the U. S. Fish and
Wildlife Service, will be integrated into the overall refuge lands system as part of the Alligator
River National Wildlife Refuge. These lands will be subject to management actions that will
provide the highest quality natural wildlife habitat possible. Land based management actions
will be implemented so as to prevent degradation in quality of adjacent waters from these
actions. Examples of management actions include, but are not restricted to, use of prescribed
fire to mimic natural fire regimes and control of invasive and exotic species such as Phragmites.
All management actions will be contingent upon availability of funds and staffing.
From the National Wildlife Refuge System Act of 1997, "The mission of the National Wildlife
Refuge System is to administer a national network of lands and water for the conservation,
management, and where appropriate, restoration of the fish, wildlife, and plant resources and
their habitats within the United States for the benefit of present and future generations of
Americans." Alligator River National Wildlife Refuge was established for the purpose of
protecting natural resources, the conservation of threatened and endangered species, and
providing habitat for migratory birds and other wildlife. Lands of the Mashoes Road Mitigation
Site will be maintained and managed under the same mission and purpose statements.
If you need additional information, please call us at [phone].
Sincerely,
Mike Bryant
Project Leader

A C • '
-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
February 17, 2006
Philip S. Harris, III, P.E.
Project Development and Environmental Analysis
N.C. Department of Transportation
1583 Mail Service Center
Raleigh, NC 27699-1583
RE: Mashoes Road Wetland Mitigation Site, Dare County, Coastal Area Management Act
(LAMA) Permit No. 7-98, TIP No. R-2551 and TIP No. K-4003.
Dear Mr. Harris:
This letter is in response to your correspondence dated 6/13/05 to the N.C. Division of Coastal
Management (DCM) regarding the regulatory release of the Mashoes Road Wetland Mitigation Site
in Dare County. This 399-acre site provides coastal marsh restoration and preservation, forested
wetlands restoration and preservation, open water, and forested upland hummocks. The site is
designed to mitigate for impacts incurred by the improvements to US 64/264 in Dare County from
US 264 in the Alligator River National Wildlife Refuge to NC 345 south of Manteo, including new
bridges across Spencer Creek and the Croatan Sound (TIP No. R-2551, CAMA Permit No. 7-98)
and the Roanoke Island Visitor Information Center and Rest Area (TIP No. K-4003, modification to
CAMA Permit No. 7-98).
The mitigation plan states that: "This species [Phragmites australis] will be excluded from the
coastal marsh restoration area...... Phragmites will also be totally controlled on the coastal marsh
site following construction." In a letter to the N.C. Department of Transportation (NCDOT) dated
5/2/05, DCM expressed our concern that 108 of the 160 vegetation plots monitored in 2004
contained Phragmites australis. This letter also informed NCDOT that DCM does not allow
CAMA Coastal Wetland mitigation credit for areas dominated by Phragmites.
On 8/9/05, DCM staff attended an interagency site visit with NCDOT to the Mashoes Road
Wetland Mitigation Site. The following other state and federal agencies were also represented: the
U.S. Army Corps of Engineers (USAGE), Ecosystem Enhancement Program (EEP), NCDOT,
Wildlife Resources Commission (WRC), U.S. Fish and Wildlife Service (USFWS), Environmental
Protection Agency (EPA) and N.C. Division of Water Quality (DWQ). The site visit attendees
.__ agreed4hat4he-site-has et-it-s--goals-•and-suc-Ge-"i4W-na, eage r-the f-act tl 44- eniinated b --- -----
Phragmites. All of the agencies agreed that NCDOT has done everything reasonable to control the
Phragmites. However, DCM did not agree that a site dominated by Phragmites can be considered
acceptable mitigation for CAMA Coastal Wetland impacts.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hfp://dcm2.enr.state.nc.us
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In a letter dated 10/27/05, USFWS provided a statement of management intent for the Mashoes
Road Wetland Mitigation Site. Specifically, the USFWS 10/27/05 letter states that: "Land and
waters of the Mashoes Road Mitigation Site, upon transfer to the U.S. Fish and Wildlife Service,
will be integrated into the overall refuge lands system as part of the Alligator River National
Wildlife Refuge. These lands will be subject to management actions that will provide the highest
quality natural wildlife habitat possible...."
Based upon the statement of management intent contained within the 10/27/05 USFWS letter, DCM
will agree with NCDOT's recommendation to discontinue monitoring at this site. While DCM does
not typically accept coastal marsh dominated by Phragmites as mitigation for CAMA Coastal
Wetland impacts, this site is being considered as a special exception due to the USFWS'
demonstrated interest in acquiring the site, their dedication to long-term management of the site,
including control of Phragmites, and their success in controlling Phragmites in similar adjacent
areas.
DCM cautions NCDOT that the decision to agree with the recommendation to discontinue
monitoring at this site should not be interpreted as a change from our position that a mitigation site
that is dominated by Phragmites is not suitable mitigation for impacts to CAMA Coastal Wetlands.
DCM is only agreeing with NCDOT's recommendation to discontinue monitoring at this site due to
the statement of management intent contained within the 10/27/05 USFWS letter, and our belief that
this will ensure that the site provides high quality coastal marsh habitat in the long-term.
Please contact Cathy Brittingham at [phone] x238 or via e-mail at
[e-mail] is you have any questions or concerns.
Sincerely,
V'
Doug Huggett
Major Permits and Consistency Coordinator
CC: Mike Bryant, USFWS
Bill Biddlecome, USACE
Randy Griffin, NCDO1
Melissa Carle, DCM
Wanda Gooden, DCM
Mac Haupt, EEP
Jim Stanfill, EEP
14
y}y ??E4
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 7, 2004
Mr. Mike Bell
Washington Regulatory Field Office ACOE
LYNDO TIPPETT
SECRETARY
WETLANDS 1401 GROUP
P.O. Box 1000 JUL 14 2004
Washington, NC 27889-1000
WATER QUALITY SECTION
Subject: Permit Modification; US 17 Bridge over Neuse River, Craven County;
TIP No. B-2531; State Project No. 8.1170801; Action ID 199401568;
DWQ Project No. 95123 (cert. 2997), CAMA Permit No. 81-95.
The U. S. Army Corps of Engineers (USACE) issued a Section 404 Individual `
Permit (IP) on February 11, 1991 for the construction of the subject project. The special
conditions of the IP required the North Carolina Department of Transportation to
compensate for a portion of the unavoidable wetland impacts by providing 1.54 ac. of
marsh creation and 2.1 ac. of cypress/gum creation at the Sawmill mitigation site in \
Craven County.
As you are aware, the Department has been actively pursuing the Sawmill
Wetland Mitigation Site in Craven County for several years. After several issues relating
to the property purchase and the mitigation planning document, the Department
constructed and planted the mitigation site in March/April, 2003. Currently, the site is in
the second year of post-construction monitoring.
As was documented in the 2003 Annual Monitoring Report and discussed at the
2003 Mitigation Monitoring Report Meeting in April, 2004, the As-Built Plan for the
Sawmill mitigation site yielded less marsh creation, than was originally proposed in the
subject permit. In order to account for the shortage of marsh mitigation, the Department
requests that USACE modify the subject permit by moving the 1.08 ac. marsh creation
from the Sawmill site to reflect 1.08 ac. of Marsh Restoration from the Lengyel
Mitigation site.
Currently, the Lengyel mitigation site holds 5.64 ac. of marsh restoration that is
available. This mitigation site is also located adjacent to the Bridge construction project.
The 5-year post-construction monitoring at the Lengyel mitigation site concluded in
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BOULEVARD
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548

November 2003. Currently, the Department is in the process of formally closing this
mitigation site with the regulatory agencies.
The Department also requests that the North Carolina Division of Water Quality
(DWQ) modify Certification No. 2997 (Water Quality Certification Project No. 95123)
accordingly. The Department acknowledges that the North Carolina Division of Coastal
Management (CAMA) has issued a letter of refinement to adjust the mitigation concerns.
Thank you for all of your help with this project. If you have any questions or
would like additional information, please contact Mr. Randy Griffin of my staff at (919)
715-1425.
Sincerely,
Phillip S Harri#II, , i,anager
Office of Natural Environment
cc: Bill Arrington, CAMA
John Hennessy, DWQ
Travis Wilson, WRC
Gary Jordan, USFWS
Chris Milicher, EPA
Neil Lassiter PE, NCDOT Division 2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Philip S. Harris, III, P.E., Manager
North Carolina Department of Transportation
Project Development & Environmental Analysis
Office of Natural Environment
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 3, 2
Craven Count
DWQ No. 950123
Re: Modification for Certification 2997, NWQ Project * 9501,22 ridge No. 28 on US17/NC55 (TIP B-
2531), State Project No. 8.1170801, Action ID 199401568, CAMA Permit No. 81-95.
Dear Mr. Harris:
This correspondence is in reference to your letter dated July 7, 2004, regarding the Sawmill Mitigation site
located in Craven County, North Carolina. This site is being utilized by the North Carolina Department of
Transportation as compensatory mitigation for the replacement of Bride No. 28 on US17/NC55 (TIP B-2531).
It is agreed by copy of this letter that the 401 Water Quality Certification dated 1 June 1995, modified 21 June
1995, modified 4 August 1995, modified 8 November 1995 and modified 13 March 1998, is modified to
authorize the request to move 1.08acres of marsh creation mitigation requirement from the Sawmill Mitigation
Site to reflect a 1.08 acre debit of marsh restoration from the Lengyel Mitigation Site. All other certification
conditions remain unchanged and in effect.
Thank you for your time and cooperation. If you have any questions, please contact Nicole Thomson at 919-
715-3415.
mcere ,
Alan W. Klimek, P.E., erector
Division of Water Quality
JEH/njt
cc: Wilmington District, US Army Corps of Engineers
Mr. Mike Bell, US Army Corps of Engineers, Washington Field Office
Mr. Gary Jordan, USFWS
Mr. Chris Militscher, USEPA
Mr. Travis Wilson, WRC
Mr. Mike Thomas, NCDWQ Washington Regional Office
Mr. C.E. Lassiter, P.E., Division 2 Engineer, PO Box 1587, Greenville, NC 27835
Mr. Jay B. Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Central Files
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna
Phone: [phone] / FAX [phone] / Internet: hhU://h2o.enr.state.nc.us/ncwetlands Natimally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
{
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality .
Michael F. Easley, Governor
5
IVA?5. C(
NrnGUQ
la5?^"???2
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S?
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
September 13, 2001
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
- - - - 1548 Mail Service Center, - - - - " - - - - - - - ._.- - - _._ . ---
Raleigh, North Carolina, 27699-1548 'r2
Re: Permit Application for proposed NC 98 Bypass of Wake Forest from west of SR 1923 (Thompson
Mill Road) to east of SR 2053 (Jones Dairy Road) in Wake County
DWQ No. 010550, TIP No. R-2809
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification dated
March 23, 2001, and the addendum dated August 7, 2001 for the aforementioned project. Review of your
application revealed it lacking necessary information required for making an informed permit decision. The
permit application was deficient in the following areas:
• The DOT addendum dated August 7, 2001 failed to address the deficiencies described in the previous
NCDWQ correspondence dated May 16, 2001. Please provide the requested additional information.
Therefore, pursuant to 15A NCAC 2h .0507(a)(5), we will have to place the permit application on hold
until we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694:
4-a
R. Dorney
r Quality Ce lficaf n Program
cc: DWQ Raleigh Regional Office
US Army Corps of Engineers
File Copy
C:\ncdot\R-2809\correspondence\010550hid2.doc
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
V
State of North Carolina
Department of Environment
and Natural Resources . .
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
4 VOI
NCDENR
May 16, 2001
Re: Permit Application for proposed NC 98 Bypass of Wake Forest from west of SR 1923 (Thompson
Mill Road) to east of SR 2053 (Jones Dairy Road) in Wake County
DWQ No. 010550, TIP No. R-2809
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas:
Segment C
Site 2
• Drawings do not show any flow spreader devices at stormwater discharge outlets.
• No discussion or analysis presented that demonstrates the proposed sizing and design of the flow
spreaders. The information presented should indicate the anticipated flow spreader design, exit
velocities (to demonstrate non-erosive velocities), and the hydraulic design information.
• The legend for the drawings is incomplete, and does riot provide enough information to allow for full
understanding of what is proposed.
Site 3
?1e r • Review of the drawings and table of proposed impacts do not appear to be consistent. More
s?-J specifically, the proposed Neuse Buffer impacts presented in the table appear too low when compared
to the drawings.
Z• Review of the stormwater design indicates that a direct discharge into Zone 2 of the Neuse Riparian
Buffers is proposed. An explanation as to the necessity for the proposed discharge in required. The
outlet, if possible, should be redesfgned to discharge outside the Neese Riparian Buffer at non-erosive
velocities. The flow spreader design should be presented in the permit drawings and an analysis of the
design criteria and the exit velocities should be presented.
• Drawings do not show any flow spreader devices at stormwater discharge outlets.
.• No discussion or analysis presented that demonstrates the proposed sizing and design of the flow
spreaders. The information presented should indicate the anticipated flow spreader design, exit
velocities (to demonstrate non-erosive velocities), and the hydraulic design information.
• The legend for the drawings is incomplete, and does not provide enough information to allow for full
understanding of what is proposed.
. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
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Site 4
• Review of the drawings and table of proposed impacts do not appear to be consistent. More
specifically, the proposed Neuse Buffer impacts presented in the table appear too low when compared
to the drawings.
• Drawings do not show any flow spreader devices at stormwater discharge outlets.
• No discussion or analysis presented that demonstrates the proposed sizing and design of the flow
spreaders. The information presented should indicate the anticipated flow spreader design, exit
velocities (to demonstrate non-erosive velocities), and the hydraulic design information.
• The legend for the drawings is incomplete, and does not provide enough information to allow for full
understanding of what is proposed.
• The design as proposed placed a straight culvert in place of a stream meander. Based on review of the
proposed design the expected stream velocities through this reach will increase dramatically.
Therefore, we request a hydraulic analysis to demonstrate that no destabilization of the stream will
occur.
Site 5
• Review of the drawings and table of proposed impacts do not appear to be consistent. More
specifically, the proposed Neuse Buffer impacts presented in the table appear too low when compared
to the drawings.
• Drawings do not show any flow spreader devices at stormwater discharge outlets.
• No discussion or analysis presented that demonstrates the proposed sizing and design of the flow
spreaders. The information presented should indicate the anticipated flow spreader design, exit
velocities (to demonstrate non-erosive velocities), and the hydraulic design information.
• The legend for the drawings is incomplete, and does not provide enough information to allow for full
understanding of what is proposed.
• The design as proposed placed a straight culvert in place of a stream meander. Based on review of the
proposed design the expected stream velocities through this reach will increase dramatically.
Therefore, we request a hydraulic analysis to demonstrate that no destabilization of the stream will
occur.
Therefore, pursuant to 15A NCAC 2h .0507(a)(5), we will have to place the permit application on hold
until we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694.
i Program - - -
cc: DWQ Raleigh Regional Office
US Army Corps of Engineers
File Copy
C:\ncdot\R-2809\correspondence\010550hld.doc

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director
December 4, 2001
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Permit Application for proposed NC 98 By,
pass of Wake Forest from west of SR 1923 (Thompson
Mill Road) to east of SR 2053 (Jones Dairy 'Road) in Wake County
DWQ No. 010550, TIP No. R-2809
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your suomirnal R)r a 401 Water Quality Certification dated
March 23, 2001, the addendum dated Augur 7, 3.101, the a eemdum dated October 3, 2001, and the
addendum dated November 2, 2001, for the zfwrinentiomJ project. Review of your application revealed it
lacking necessary information required for making an info e i permit decision. The permit application
was deficient in the following areas:
• As previously indicated, the proposed r# xap ffissqxz6= pads proposed for Sections C sites 2, 3, and 4
will not result in the required diffuse flow and o=we velocities through protected riparian buffers.
Please provide and alternative design t=-wil p,avmt 1boib diffuse and discharge at non-erosive
velocities.
Therefore, pursuant to 15A NCAC 2h x(0(51, •wi ?a? farm to place the permit application on hold
until we are supplied the necessary hiformzEon. Tx-m= ., until the information is received by the NC
Division of Water Quality, we regwA.(by cWpy o fnis lr ; fzas the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite gn *tII -a your permit application. If you have any
questions or require additional infer, p =om= -&m Hennessy at 919-733-5694.
cc: DWQ Raleigh Regional Office
US Army Corps-of Engineers
File Copy
C:\ncdot\R-28091correspondence\01055ObA4.6x
Program
Wetlands/401 Unit 162 VAI i' Wirer Raleigh, North Carolina 27699-1621
Telephone [phone]M FAX [phone]
An Equal Opportunity Affirmative Actim mitts ivw- 5,? ce~+cled/10% post consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NCDENR
Kerr T. Stevens, Director
October 16, 2001
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Permit Application for proposed NC 98 Bypass of Wake Forest from west of SR 1923 (Thompson
Mill Road) to east of SR 2053 (Jones Dairy Road) in Wake County
DWQ No. 010550, TIP No. R-2809
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification dated
March 23, 2001, and the addendum dated August 7, 2001, and the addendum dated October 3, 2001, for the
aforementioned project. Review of your application revealed it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas: _
Segments A&B
• As presently proposed the drawings for these segments do not represent final design. Therefore, the
401 Water Quality Certification will be conditioned to preclude any impacts until DOT obtains
modifications for these segments. At that time, the final design will be needed approval of the
requested 401 modification. The NCDWQ suggests that DOT arrange a preapplication meeting with
DWQ in the near future to address the final design for these two segments.
Section C
Site 2
• The information about the stormwater discharge velocities is presented only for one discharge. Please
provide the appropriate information for both stormwater outfalls.
• The proposed rip rap pads will not provide the required diffuse flow. Please redesign the stormwater
outfall with an appropriate flow spreader device.
• For the stormwater outfall where_ discharge data is presented, the anticipated velocity is too high to
provide non-erosive velocities. Please reduce the discharge,to less than 0.5 feet per second for the ten-
year storm. In addition, the information provided is presented in metric units. Please provide future
information in English units.
Site 3
• The information about the stormwater discharge velocities is presented only for one discharge. Please
provide the appropriate information for both stormwater outfalls.
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Acti on Employer 50% recycled/10% post consumer paper
• The proposed rip rap pads will not provide the required diffuse flow. Please redesign the stormwater
outfall with an appropriate flow spreader device.
• For the stormwater outfall where discharge data is presented, the anticipated velocity is too high to
provide non-erosive velocities. Please reduce the discharge to less than 0.5 feet per second for the ten-
year storm. In addition, the information provided is presented in metric units. Please provide future
information in English units.
• The point of confluence of Dunn Creek with its tributary is being redesigned. The prpoposed
configuration of the redesigned confluence is a 90-degree angle. The angle of the relocated tributary
should be reconfigured to more closely mimic the natural conditions, and thus reduce the potential for
stream destabilization.
• In previous correspondences, DWQ indicated that the proposed drawings didn't appear to coincide
with the impacts presented in the table of impacts. No indication was given in the NCDOT
correspondence dated October 4, 2001 that the issue had been reviewed. Please provide a discussion
that indicates the issue was reviewed and what the analysis demonstrated.
Site 4
• As previously indicated, the proposed location of the new culvert occurs in a section of stream with
significant sinuosity. Based on review of the proposed design the expected stream velocities through
this reach will increase dramatically. Therefore, the DWQ suggests DOT design and construct a
crossvane downstream of the proposed culvert.
• The proposed rip rap pads will not provide the required diffuse flow. Please redesign the stormwater
outfall with an appropriate flow spreader device.
• For the stormwater outfall where discharge data is presented, the anticipated velocity is too high to ;
provide non-erosive velocities. Please reduce the discharge to less than 0.5 feet per second for the ten-
year storm. In addition, the information provided is presented in metric units. Please provide future
information in English units.
• In previous correspondences, DWQ indicated that the proposed drawings didn't appear to coincide
with the impacts presented in the table of impacts. No indication was given in the NCDOT
correspondence dated October 4, 2001 that the issue had been reviewed. Please provide a discussion
that indicates the issue was reviewed and what the analysis demonstrated.
Site 5
• The proposed drawings and tables indicate that the existing stream will be relocated during
construction and then replaced in its existing location after the new road is completed. Given the
- - - - design and construction constraints imposed by the existing development.in.the. immediate area of the
proposed construction, the proposed plan is allowable at a conceptual level. However, the impacts
incurred to Neuse Buffers as a result of the project cannot be considered temporary in nature. As such,
the table of impacts and proposed buffer mitigation presented in the application should be changed to
reflect this point. The impacts to the stream can be considered to be temporary. However, the
proposed construction phasing and final design needs to be approved as part of the 401 Water Quality
Certification.
• In previous correspondences, DWQ indicated that the proposed drawings didn't appear to coincide
with the impacts presented in the table of impacts. No indication was given in the NCDOT
correspondence dated October 4, 2001 that the issue had been reviewed. Please provide a discussion
that indicates the issue was reviewed and what the analysis demonstrated.

. -
Therefore, pursuant to 15A NCAC 2h .0507(a)(5), we will have to place the permit application on hold
until we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694.
Sincerely,
Program
cc: DWQ Raleigh Regional Office
US Army Corps of Engineers
File Copy
C:\ncdot\R-2809\coaespondence\010550hld3.doc
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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: John Thomas, Permit Coordinator 0 V RO
Raleigh Office, U.S. Army Corps of Engineers ??''
SEP2?20li6
FROM: Ron Linville, Regional Coordinator D? E _
Habitat Conservation Program gyros w?sr BRVO
DATE: September 26, 2006
SUBJECT: Review of an application by North Carolina Department of Transportation
(NCDOT), SRI 135, Spicer Mountain Road, Unnamed Tributary (UT) Bledsoe
Creek (Class C-Trout) and UTs Little River (Class C-Trout), Alleghany County
NCDOT is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC has reviewed information provided by the applicant, and field biologists on our staff
are familiar with habitat values of the project area. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project will grade, drain, base and pave SR1135. Impacts will be pipe replacement at
Station 36+42 (36' impacts), pipe replacement at stations 64+49 and 65+28 (21' impacts). Total
impacts are indicated to be 87 linear feet, including riprap placement. Although these streams
are classified as trout, we have no data indicating trout are present in them. We are aware that
Brook trout are known for nearby Cheek Branch. Brook trout are known to use very small
headwater streams especially during the spawning season.
Based on the information provided by the applicant and our knowledge of the range of trout in
the project area, we do not believe this project will cause significant effects to waters supporting
trout providing the following recommendations are followed:
If fish are present in the immediate area or within an area that could be foreseen to be
affected by ground disturbance and sedimentation, all in channel work and land
disturbance within the 25-foot trout buffer zone are prohibited during the brook trout
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]

SRI 135, Spicer Mountain Road -Page 2 -
September 26, 2006
spawning season of October 15 through April 15 to protect the egg and fry stages of
trout from off-site sedimentation during and after construction.
2. Alternatively, if temporary sandbagging and piping around measures can be used
during construction to avoid sediment and turbidity, work may be accomplished
during the moratorium providing that streambank vegetation and stabilization can be
provided within five (5) consecutive working days per crossing. Weekends and
holidays should not extend this period. Mechanical pumping should not be used if
any fish are present or nearby.
3. The NCDOT Environmental Officer (EO) should determine which alternative above
will best protect fish species. If site condition consultations are needed to determine
which alternative is most appropriate, the EO should contact this office.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124). Work should not be done when wet
weather and/or freezing conditions preclude vegetative stabilization.
5. Any riprap used should not interfere with existing or obtainable aquatic life passage.
Perched pipes should be avoided.
6. Culverts 48 inches diameter or larger should be buried a foot into the streambed.
Culverts less than 48 inches diameter should be buried to a depth equal to or greater
than 20% their size to allow for aquatic life passage. These measurements must be
based on natural thalweg depths.
7. If concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
Please be advised that the alternatives provided above are provided to assist NCDOT due to the
high order of these stream channels. Providing that appropriate on-site mitigative activities are
provided, direct impacts to trout reproduction should be avoided or diminimus.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336-769-9453.
E-copy: Heath Slaughter, DOT
Sue Homewood, DWQ-WSRO

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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Brian Wrenn, Environmental Specialist III
DWQ Transportation Permitting Unit
FROM: Joe Mickey, Jr., NCWRC
Watershed Enhancement Coordinator
VIA: Shannon L. Deaton 'von
Habitat Conservation Program Manager
DATE: July 6, 2006
SUBJECT: Request for reissue of DWQ permit No. 030599 for the Bowlin stream mitigation
site in association with the US 421 DOT Project R-529, Watauga County. DWQ
# 97 0616
On May 29, 2003, the North Carolina Wildlife Resources Commission received approval
for a 401 Water Quality Certification with Additional Conditions, North Carolina Division of
Water Quality (DWQ) Permit No. 030599, for the Bowlin stream mitigation site in Ashe County.
This permit was valid for a period of three years from the date of issue. Due to delays beyond
our control in obtaining the conservation easement for this site, the project has not been
completed within the three year time period. The conservation easement issue has been resolved
and we would like to proceed with this project. Therefore, we are requesting the permit be re-
issued/extended. The $475 Pre-Construction Notification Application fee required for re-
issuance of this permit is being made by electronic funds transfer to your agency.
The three sets of plans received by DWQ on May 9, 2003 are still valid for this project
site and no changes have been implemented. Stream enhancement activities include changes in
dimension and profile, in-stream habitat improvement structures, vegetation planting in the
riparian buffer, and livestock exclusion. The site is in a 3.05 acre conservation easement to
ensure long term protection. Once the project is completed, as-built plans along with a copy of
the recorded conservation easement will be submitted to DWQ and the North Carolina
Ecosystem Enhancement Program (EEP).
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
N
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Page 2
Thank you for your assistance in getting this permit reissued. If you have any questions
regarding this request, please let feel free to contact me at 336/527-1547/527-1549 or by email at
[e-mail].
CC: Jim Borawa, WRC
File copy (EEP/421Bowlin/DWQ re-issue request)
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 10, 2006
Action ID. ORM-1997-8127 (RAMS-199708127)
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Thorpe:
03MI`1`'1
4
Reference the Department of the Army permit issued on March 25, 2004, for construction
of the Western Outer Loop of Henderson (T.I.P. No. U-2527), crossing Red Bud Creek, unnamed
tributaries, and an adjacent wetland, from SR 1128, to SR 1101, southwest of Henderson, in
Vance County, North Carolina, and modified on October 1, 2004. Reference also your written
request of September 8, 2006, for permit modification to impact an additional 46 linear feet of
stream, to add riprap for stability of a stream bank.
The permit is hereby modified to include the work as shown on the enclosed modified
drawings. 46 linear feet of additional on-site mitigation will be required for the 46 linear feet of
additional impact to the perennial stream at Site 2. It is understood that all conditions of the
original permit remain applicable, with the exception of Special Conditions j and k, which are
modified as shown below, and that the expiration date is unchanged.
Mitigation
j. The permittee shall mitigate for 1,584 linear feet of impact to streams with important
aquatic function, as described below (2,110 linear feet of onsite stream relocation).
Onsite Stream Relocation/Restoration
k. U-0PLEMENTATION: The permittee shall mitigate for 1,584 linear feet of
unavoidable impact to streams with important aquatic function, associated with this project, by
completing 2,110 linear feet of onsite stream relocation/restoration, as described in the permit
application. The stream relocation/restoration shall be constructed in accordance with the North
Carolina Wildlife Resources Commission's (NCWRC) "Stream Relocation Guidelines."
NCDOT shall consult with NCWRC on the stream relocation/restoration and implement all
2
practicable recommendations in the design of specific site requirements for re-establishment of
bank vegetation, and placement of meanders and habitat structures. Vegetation shall be used to
the maximum extent practicable to stabilize banks, and riprap and other man-made structural
measures shall be minimized. The permittee shall construct all channel relocations/restoration in
a dry work area, and stabilize the new channel before stream flows are diverted. Whenever
possible, the permittee shall allow new channels to stabilize for an entire growing season.
If you have questions, please contact Eric Alsmeyer of the Raleigh Regulatory Field
Office, at telephone [phone], extension 23.
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Engineer
Enclosures
Copies Furnished with enclosure:
Mr. John Hennessey
Water Quality Sectio
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
NCDOT
ATTN: Jon G. Nance, P.E.
2612 Duke Street
Durham, North Carolina 27704
NCDOT
ATTN: Christopher Murray
2612 Duke Street
Durham, North Carolina 27704
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PROJECT: 8.2290201 (U-2527)
HENDERSON WESTERN
OUTER LOOP FROM
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® North Carolina Wildlife Resources Commission
MEMORANDUM Richard B. Hamilton, Executive Director
TO: Cathy Brittingham
Division of Coastal Management
FROM: Travis Wilson, Highway Project Coordinator`
Habitat Conservation Program
DATE: December 21, 2006
SUBJECT: NCDOT request for a CAMA permit modification for the replacement of bridge
number 16 over Merchants Millpond on SR 1400 in Gates County, North
Carolina, TIP number B-3640.
We have reviewed the information included in the package received from the Division of
Coastal Management. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal
Area Management Act (G. S. 113A-100 through 113A-128).
We do not object to the issuance of the CAMA permit for this project provided that the
following conditions are included in the CAMA Permit:
1. Anadromous fish species are present in this portion of Bennetts Creek. NCDOT
should follow the "Stream Crossing Guidelines for Anadromous Fish Passage",
including an in water work moratorium of Feb 15 to June 15 for Bennetts Creek.
Once NCDOT installs the sheet pile the area upstream of the installed sheet pile will
not be applicable to the moratorium.
2. All riprap placed in-water should be free of pollutants and soil.
3. Live concrete should not be allowed to contact the water in or entering into the
stream.
4. NCDOT is proposing to lower the depth of Merchants Millpond by 12 inches until
the project is completed. Draw down should be completed by March 1 to minimize
impacts to aquatic species.
5. NCDOT should maintain the Millpond outflow by diverting live flow to a point
immediately downstream of the installed sheet pile in Bennetts Creek.
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2 December 21, 2006
NCDOT is expected to use Best Management Practices for the protection of Surface
Waters and Sedimentation and Erosion Control measures sufficient to protect the aquatic
resources.
Thank you for the opportunity to comment on this permit application. If you have any
concerns about our comments, please contact me at [phone].
cc: David Wainwright, DWQ, Raleigh
Bill Biddlecome, USAGE, Washington
Permit Class Permit Number
NIODIFICATION/MINOR 102-06
STATE OF NORTH CAROLINA C) ?y--?
Department of Environment and Natural Resources
and C' t? S
Coastal Resources Commission
11A r
JPrr__ -it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Gates County at Merchants Millpond and Bennetts Creek,
Bridge No. 16 on SR 1400 , as requested in the permittee's application letter dated 11/27/06, including
the attached workplan drawings (5), all dated 10/13/06.
This permit, issued on 1/9107 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
TIP No. B-3640, Replacement of Bridge, Dam and Spillway
1) This minor modification authorizes the following: (1) the installation of temporary sheet pile as
depicted on the attached workplan drawings; (2) lowering of the Merchants Millpond water depth as
conditioned herein; (3) eliminating the requirement to use turbidity curtains (Condition No. 29 of the
original permit); and (4) modify the fisheries moratorium (Condition No. 3 of the original permit).
2) Any development activity that has not received any necessary approvals from the N.C. Division of
Parks and Recreation (DPR) for work within Merchants Millpond State Park is not authorized.
3) The permittee shall maintain the outflow of Merchants Millpond throughout construction by
diverting live flow to a point immediately downstream of the installed sheet pile in Bennetts Creek
until the project has completed.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
No expiration date, pursuant to GS 136-44.7B
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Chales S. Jon A, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit #102-06
Page 2 of 3
ADDITIONAL CONDITIONS
4) The lowering of the water depth of Merchants Millpond to 12 inches below normal water level shall be
completed by 3/1/07 to minimize negative impacts to aquatic species.
5) The water depth of Merchants Millpond may remain at 12 inches below normal water level until no later
than 4/30/07. On or prior to 5/1/07, the water depth of Merchants Millpond shall be raised so that it is
not less than 6 inches below normal water level. The water depth of Merchants Millpond may remain at
6 inches below normal water level only until project completion. The water depth of Merchants
Millpond shall be raised back to its normal water level immediately following project completion.
NOTE: The permittee is expected to exercise due diligence to meet the permittee's stated anticipated
project completion date of 7/1907.
6) In order to protect anadromous fisheries resources in Bennetts Creek, no in-water work shall be
conducted between February 15th to June 30th of any year without prior approval of DCM, in
consultation with the N.C. Wildlife Resources Commission. For the purposes of this moratorium, in-
water is defined as those areas that are inundated at normal water level, including the waters or
contiguous inundated wetlands of Bennetts Creek. However, the moratorium shall not apply to the area
upstream of the installed temporary sheet pile during the time that the sheet pile is in place.
7) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized, with the exception of the temporary sheet pile structure. This
condition applies to the entire project, including removal of the existing bridge, dam, spillway, roadway
asphalt and associated materials.
8) The temporary sheet pile shall be removed in its entirety immediately following project completion.
9) The temporary sheet pile shall be installed by vibro-hammer and/or driving. Should the permittee or its
contractor determine that another type of installation is preferred, additional authorization from DCM
shall be required.
10) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that
are not shown on the authorized workplan drawings for this project, a permit modification and/or
additional authorization from DCM shall be required. In addition, any additional changes in the
approved plan may also require a permit modification and/or additional authorization from DCM. The
permittee shall contact a representative of DCM prior to commencement of any such activity for this
determination and any permit modification.
NOTE: This permit modification authorizes 63 feet of temporary stream impacts and 0.14 acres of
temporary surface water impacts in addition to the permanent impacts previously authorized in
the original of CAMA Permit No. 102-06.
NOTE: The N.C. Division of Water Quality (DWQ) authorized the proposed project on 9/21/06 (DWQ
Project No. 20060283 v.2) under General Water Quality Certification No. 3366.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
N.C.'Department of Transportation Permit #102-06
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 33 (COE Action ID No. 2006-40921-137), which was issued on 10/4/06.
11) This minor modification shall be attached to the original of Permit No. 102-06, that was issued on
6/8/06, as well as the Letter of Refinement that was issued on 9/15/06, and copies of all documents shall
be readily available on site when a Division representative inspects the project for compliance.
12) All conditions and stipulations of the active permit remain in force under this minor modification unless
altered herein.
'1
DWQ Project No. 20060287
CD,
Subject: DWQ Project No. 20060287 n
From: "RD Odell, PE" <[e-mail]> W fl Z
Date: Mon, 14 Aug 2006 12:55:55 -0400 l Q (j?
To: <[e-mail]>
CC: "Tom Tallman" <[e-mail]>
Mr. Hennessy,
In reference to DWQ Project No. 20060287, the project includes relocating an
existing City of Raleigh waterline to approximately 10 feet upstream of the
replacement bridge. The old waterline is to be abandoned without disturbing
the stream, and the new waterline is to be placed under the stream by bore
and jack.
The impacts shown on the application are correct, as we accounted for the
area to be disturbed due to the bridge replacement and the relocation of the
waterline. The relocated waterline was shown on the plan and profile which
accompanied the application, but the project description did not
specifically mention the waterline relocation.
Thank you for your help in getting this matter resolved to the satisfaction
of all parties concerned. If you have any questions or need additional
information, please do not hesitate to contact me.
Sincerely,
RD Odell
WSA
421 Fayetteville St. Suite 1303
Raleigh, NC 27601
919.755.0583.x327
919.573.4193 direct
919.832.8798 fax
RD Odell, PE
Senior Project Engineer
WSA
421 Fayetteville St. Suite 1303
Raleigh, NC 27601
919.755.0583.x327
919.573.4193 direct
919.832.8798 fax
RD Odell, PE
Senior Project Engineer
1 of 1 9/26/2006 5:01 PM
\N A T Michael F. Easley, Governor
Q 9Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co Alan W. Klimek, P.E. Director
>_ Division of Water Quality
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification
Project Name/TIP Project No.: Dater
DOT Division: County: # DWQ Project No./Permit Type: 03 t N , f , N
DOT Staff DWQ Staff
ACE Staff : DWQ Regional Office:
Modification Description:
Modification Sketch:

N?Fp,?, 2S
NO Carolina
Transportation Permitting Unit d ?utuCq??lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MICHAEL F. EASLEY
GOVERNOR
adbTA7Eo?
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
April 16, 2007
CONTRACT NO.:
STATE PROJECT:
F. A. PROJECT:
COUNTY:
DESCRIPTION:
APR I o 2"101
LYNDO TIPPETT
SECRETARY
C201700
34961.3.3
STP-1708(5)
Pitt
Widening of Fire Tower Road from SR-1709 (Corey Road) to NC-
11 (Memorial Drive)
MEMORANDUM TO: Mr. C. E. Lassiter, Jr., P. E., Division Engineer
FROM: William C. Kincannon, Resident Engineer C I?`
SUBJECT: Revision of stream relocation
Please be advised a meeting was held on the above referenced project Thursday, April 12, 2007,
at 9:00 a.m. at the stream in reference.
The following people attended the conference:
Darren J. Siddons, NCDOT
Donzie B. Lassiter, NCDOT
Buddy Rose, Barnhill
Bucky Lancaster, Barnhill
William Peterson, NCDOT
Bennett Wall, Barnhill
Garcy Ward, DWQ
Mike Sutton, NCDOT
CONSTRUCTION UNIT DIVISION TWO • P.O. BOX 1587 • GREENVILLE, N.C. 27835
PHONE [phone] FAX [phone]
The following items were discussed:
The blue line stream that is located LT STA 33+92 +1- should contain class 1 riprap along the
radii that will contain increased flow speed. There are three areas of riprap that will be put in:
area 1 which has 60 LF, areas 2 and 3 have 30 LF.
Should you have any questions concerning the conference, please advise.
WCK:djs
Xc: Garcy Ward, DWQ
Mike Sutton, NCDOT
File
CONSTRUCTION UNIT DIVISION TWO • P.O. BOX 1587 • GREENVILLE, N.C. 27835
PHONE [phone] FAX [phone]
-------------------------------------------------------------
7/?/99
R T ARNOLD
MATCHLINE -L- STA 21+50.00 (SEE SHEET 4)
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0 R William G. Ross Jr., Secretary
`0? QG North Carolina Department of Environment and Natural Resources
C/) Alan W. Klimek, P.E. Director
Division of Water Quality
V?
October 21, 2002 CA Dr. Greg Thorpe, PhD., Manager V
Planning and Environmental Branch
proposed widening of NC55 from US 17 in Bridgeton to NC 304 in Bayboro in Craven
and Pamlico Counties
DWQ No. 021232, TIP No. R-2539
1548 Mail Service Center
North Re: Permit Carolina Application Department for of Transportation
Raleigh, North Carolina, 27699-1548
Dear Mr. Thorpe:
The Division of Water Quality has reviewed your submittal fora 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
• The application does not present any of the anticipated impacts from the relocation of utilities that will be
required as a result of the road project. Please provide the location of all utility lines (above and below ground)
as well as any associated structures. In addition, please provide the proposed relocation plans for all of the
impacted utilities and include the anticipated impacts to all wetlands, streams, and buffers.
• The drawings presented in the application do represent the latest available designs. Please provide the most
recent designs for the entire project including any changes in proposed impacts to wetlands, streams, and
buffers.
and the vegetation and hydrologic monitoring plans is insufficient. Please provide a planting plan that lists the
While DWQ agrees with the proposed onsite wetland mitigation in concept, we require additional information
prior to approval. In reference to the document titled "Restoration Plan for Swamp Hardwood Wetlands at
Existing Bridge Causeways of NC 55", the information provided regarding the proposed species for planting
species to be planted. In addition, please remove the phrase, "...Depending on availability, the seedling mix
will mimic...". Replace the statement to indicate that the NCDWQ will have to approve the list of species to be
planted in the sites. Furthermore, the vegetative monitoring will need to continue for 5 years, not the 3
proposed years. Please make changes to that section as well. Finally, the hydrologic success criteria will need
to use. an on site reference site. The restored site mimicking the reference site within some approved variance
will achieve hydrologic success. To coordinate discussion on this issue please contact John Hennessy at 919-
733-5694. The reference site should be located immediately to the restoration area. Please change the proposed
plan as described above and resubmit for approval by the NCDWQ.
• There is no specific design criteria presented for the proposed onsite stream mitigation in Section B. Please
provide all appropriate plans, geomorphological data, sediment transport analysis, planting plans; and
monitoring plans.
the site. Please contact John Hennessy at 919-733-5694 to coordinate those efforts.
• The application proposes the use of the Croatan Mitigation Site as off-site non-riverine wetland mitigation. At
this time, the NCDWQ has not approved that site for use. We will coordinate with DOT to finalize approval of
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
`O?OF w H I ?RQG
micnam t•. tasiey, uovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
• The application does not show the proposed bridge bent locations for the three project bridges. Please provide
the proposed locations of the bents and the anticipated impacts.
• In reviewing the tables for stream and buffer impacts, it is not clear if the totals presented include anticipated
construction impacts. Please clarify and provide additional information as necessary.
• The design drawings presented do not provide sufficient information to visually identify proposed project
impacts. Please provide additional information that shows the limits of jurisdictional impacts with shading or
hatching of impact areas.
• The design drawings do not show all the proposed stormwater collection pipes. Please provide additional
information that shows all the proposed stormwater collection system and outfalls. Information should be
provided at the outfall locations so that DWQ can determine that stormwater discharges will be through riprian
buffers as diffuse flow at non-erosive velocities.
• Review of Section C indicates that insufficient information is present to allow issuance of the Buffer
Certification for this project. Please provide the latest design drawings that were reviewed by DWQ on
10/11/02.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact John Hennessy at 919-733-5694.
Sincerely,
Gtro--4 44
Alan W. Klimek, P.E.
Director
cc DWQ Washington Regional Office
US Army Corps of Engineers Washington Field Office
File Copy
C:\ncdot\TIP R-2539\correspondence\021232hld.doc
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
Re: Construction issue on R-2904 (widening of NC 54) in Durham Co.
r . 7
Subject: Re: Construction issue on R-2904 (widening of NC 54) in Durham Co.
From: Rob Ridings <[e-mail]>
Date: Fri, 25 May 2007 12:49:39 -0400
To: Chris Murray <[e-mail]>
CC: "Alsmeyer, Eric C SAW" <[e-mail]>
C?L(ocO-0
QL, `k M
DU
Chris,
What you propose sounds OK, especially since we've not issued any 401 Is (or buffer approval) for this and everything is being
done without written concurrence. I ask that you send us a courtesy copy PCN for any additional impacts to the intermittent
stream for our accounting and documenting purposes. (The DWQ# is '041060.) After that, as long as you follow all the usual
conditions of the GC 3632 (for NW23), then you're good to go as far as we're concerned.
-Rob
Chris Murray wrote:
Reference:
1. USACE NWP 23 and 33 issued on on September 10, 2004 (USACE Action ID No. 2001220393).
2. USACE Modified NWP 23 and 33 issued on April 12, 2006 (USACE Action ID No. 200220393 and 200421561)
Note: NCDENR-DWQ WQCs were never issued for this project
Rob and Eric,
The Department is currently constructing the widening of NC 54 from Miami Boulevard to Davis Drive in Durham
County. Two construction issues have become evident at Permit Site 1, which involves the extension of a 30 inch pipe
and construction of a 120 foot long relocated channel (a UT to Burdens Creek in Cape Fear River basin).
Issue 1
The original NCDOT permit application (dated June 25, 2004) stated that the stream channel is intermittent and would not
require mitigation. For some unknown (to me) reason, the Department agreed to construct this relocated channel even
thought it is intermittent and did not require mitigation. The existing topography adjacent to the stream relocation is
somewhat steep and the intermittent channel is very incised (greater than 10 foot banks). At the outlet side of the
structure, the NCDOT only permitted 90 linear feet of fill in surface water. A review of the attached permit drawing
indicates that this only includes the distance from the outlet of the existing pipe to the proposed fill slope. An additional
67 linear feet of surface water is located from the proposed fill slope to the tie in point of the relocated channel. As noted
above, this 67 linear feet of stream from the proposed fill slope to the tie in point of the relocated channel was not
accounted for in the summary sheet as a jurisdictional impact.
We held a pre-construction meeting to discuss construction of this relocated channel with the contractor earlier this week.
A review of the field conditions and the permit drawing indicates that the 67 linear feet of surface water that is located
from proposed fill slope to the tie in point of the relocated channel will have to be filled in to construct the relocated
channel. Please note that the relocated channel is bordered immediately to the southwest by a perennial stream that is not
impacted by project construction. This area obviously has to be avoided during construction of the relocated channel.
The only way to access the area for construction is to fill in the 67 linear feet of surface water that is located from the
proposed fill slope to the tie in point of the relocated channel. Any pre-construction discussion of this area by design
folks (including hydraulics unit) must have occurred prior to 2004. We have no idea if this particular issue was addressed
or discussed with the regulatory agencies. The 67 linear foot of stream channel, if left alone, would be a "dry channel"
and the runoff in the channel from a rain event would have led to stability problems at the tie in point of the relocated
channel. The Division wanted to bring this to your attention, as a strict interpretation of the permit drawing would suggest
that the 67 linear feet of surface water that is located from the proposed fill slope to the tie in point of the relocated
channel should not be impacted and was never accounted for as a stream impact. We feel that this area must be filled in to
construct the relocated channel and any impact here could be viewed as off-set by the relocated channel. The relocated
channel will completely bypass this segment of "lost" stream channel.
The Division proposes to continue construction at the site and will direct the contractor to fill in the 67 linear feet of
stream channel located from the proposed fill sloe to the tie in point of the relocated channel. Please contact me if you
have any questions or concerns regarding construction or the permitting of this site.
Issue 2
A review of the NWPs issued by the USACE in 2004 and 2006 revealed no conditions regarding construction of the
1 of 2 5/25/2007 12:50 PM
Re: Construction issue on R-2904 (widening of NC 54) in Durham Co.
, . 'L
relocated channel (i.e. reforestation, construction in the dry, stabilization of the new channel before stream flows are
diverted, etc.). This is because the relocated channel was not used to provide any type of mitigation. In the absence of
any conditions, the Department will still comply with general conditions regarding stability and sediment control. There
are a number of limiting factors at this permit site that affect the handling of water during construction of the relocated
channel, including the issue that two streams and the relocated channel converge at the tie in point. Some options
concerning the handling of water include bypass pumping and the installation of a flexible pipe that conveys water that is
temporarily installed in the bottom of the relocated channel. The flex pipe system was used on the US 1/US 64 bypass
construction last year and worked well. We propose to turn water into the channel after it is adequately stabilized.
I just wanted to inform you of the two construction issues associated with the relocated channel on this project. Please let
me know if you agree with my assessment of the issues at the permit site.
Chris Murray
Division 5 Environmental Supervisor

?tifQry iM?n._?
Prcu+c 11th
FOR -L- PROFILE SEE SHEET 9

343.00

IL IW
-? 340.00

.33s.oo

i+ZO l+oo 0+80 o+so 0+40 0+20 0+00
2 of 2 5/25/2007 12:50 PM
Re:` Cogstruction issue on U-4026 (Davis Drive) in Wake Co.
?r
Oat

? .y
Subject: Re: Construction issue on U-4026 (Davis Drive) in Wake Co.
From: Rob Ridings <[e-mail]>
Date: Thu, 17 May 2007 16:06:38 -0400
To: Chris Murray <[e-mail]>
Chris,
I am fine with this change. Just include it in as-builds and document the reasons.
I'll add this to the file and it should cover the purposes of that WQC condition.
Thanks,
Rob
Chris Murray wrote:
USACE IP No. 200120448
NCDENR-DWQ Project No. 051972
Rob and Eric,
I S5' G2 E_ct i 6
The department has commenced construction at Permit Site 10 on this project.
Construction at the site involves the extension of an existing culvert at the
inlet and the outlet. We have come across a construction issue associated with
the culvert extension at the inlet of the structure that needs to be discussed
with your agencies. This is discussed below:
*Issue*
The existing grade of stream bed is very irregular in the location of the culvert
extension at the inlet of the structure. It appears to be relatively flat with
several "blow hole" pockets in the area. The roadway and structure plans for the
project call for a 50 foot extension of the culvert on the inlet side at a 0%
grade. The culvert burial submittal provided by the contractor indicates that
this will not allow the culvert to be buried a foot in the streambed. In fact,
this will result in a slight perching of the floor of the culvert in relation to
the stream bed (see attached drawing). Our information suggests that the invert
at the inlet of the culvert will be approximately 0.5 feet above the bottom of the
streambed. An attempt by the contractor to bury the culvert will result in water
not entering the culvert during low flow events. This is attributable to the flat
grade of the stream at the culvert inlet and the blow holes in the streambed.
Accordingly, we propose to follow the existing structure plans that call for the
extension at a 0% grade. We think that this will allow sediment to built up in
the streambed and in the culvert.
*Permit Analysis*
A review of the permits indicates that USACE condition 0 requires the burial of
the culvert extension one foot in the streambed. Additionally, NCDENR-DWQ
condition 8 requires the culvert to be buried in the streambed.
We do not feel that this issue requires a permit modification. The purpose of
this email to make you aware of the existing situation and our plan for
construction. Please let me know at your earliest convenience if you agree with
my assessment. Construction is continuing to commence at this site and your
review of this information is critical.
Thanks in advance for your review.
Chris Murray
NCDOT Division 5 Environmental Supervisor
1 of 1 5/17/2007 4:07 PM
ConsyUpuction issue on U-4026 (Davis Drive) in Wake Co.
r•
Subject: Construction issue on U-4026 (Davis Drive) in Wake Co.
From: Chris Murray <[e-mail]>
Date: Thu, 17 May 2007 15:50:06 -0400
To: "Alsmeyer, Eric C SAW" <[e-mail]>, Rob Ridings <[e-mail]>
USACE IP No. 200120448
NCDENR-DWQ Project No. 051972
Rob and Eric,
The department has commenced construction at Permit Site 10 on this project. Construction at the site involves the
extension of an existing culvert at the inlet and the outlet. We have come across a construction issue associated with the
culvert extension at the inlet of the structure that needs to be discussed with your agencies. This is discussed below:
Issue
The existing grade of stream bed is very irregular in the location of the culvert extension at the inlet of the structure. It
appears to be relatively flat with several "blow hole" pockets in the area. The roadway and structure plans for the project
call for a 50 foot extension of the culvert on the inlet side at a 0% grade. The culvert burial submittal provided by the
contractor indicates that this will not allow the culvert to be buried a foot in the streambed. In fact, this will result in a
slight perching of the floor of the culvert in relation to the stream bed (see attached drawing). Our information suggests
that the invert at the inlet of the culvert will be approximately 0.5 feet above the bottom of the streambed. An attempt by
the contractor to bury the culvert will result in water not entering the culvert during low flow events. This is attributable to
the flat grade of the stream at the culvert inlet and the blow holes in the streambed. Accordingly, we propose to follow the
existing structure plans that call for the extension at a 0% grade. We think that this will allow sediment to built up in the
streambed and in the culvert.
Permit Analysis
A review of the permits indicates that USACE condition O requires the burial of the culvert extension one foot in the
streambed. Additionally, NCDENR-DWQ condition 8 requires the culvert to be buried in the streambed.
We do not feel that this issue requires a permit modification. The purpose of this email to make you aware of the existing
situation and our plan for construction. Please let me know at your earliest convenience if you agree with my assessment.
Construction is continuing to commence at this site and your review of this information is critical.
Thanks in advance for your review.
Chris Murray
NCDOT Division 5 Environmental Supervisor
1 of 3 5/17/2007 4:07 PM
Conduction issue on U-4026 (Davis Drive) in Wake Co.
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Subject: Re: B-4113 (Br. 15 on SR 1106`? aeir L. River in Franklin Co.)
From: Rob Ridings <[e-mail]>
Date: Mon, 25 Sep 2006 09:41:21 -0400
To: Chris Murray <[e-mail]>
Chris,
This sounds fine, so long as rip rap is in already-permitted buffer area and under written concurrence thresholds for NW 13 in
the stream.
thanks,
Rob
Chris Murray wrote:
Ref.: NCDOT Application on 10/20/05
USACE Action ID No. 200620256 and 200620257 (NWP 23/33) on 4/19/06
NCDENR-DWQ WQCBuffer Permit Project No. 051090 on 3/9/06
Eric and Rob,
The Department is currently constructing this bridge replacement project. I was out at the site last week and noticed the
location of the piers in relation to the streambank on the west side of Little River. The project is immediately downstream
of the dam associated with Moores Pond and the bank appears to be susceptible to scour around the piers during heavy rain
events or possibly during a release from the dam. The Department proposes to install rip rap along the piers to provide
long-term stability to the bank in this portion of the project. Approximately 20 linear feet of rip rap would be placed
adjacent to each pier.
Permit Analysis
USACE
-Placement of the rip rap below the ordinary high water mark would be covered under Nationwide Permit No. 13 (no
notification required if impacts are less than 500 linear feet).
NCDENR-DWQ
-Placement of the rip rap below the ordinary high water mark would be covered under WQC 3495.
-The project is located within the Neuse River Basin. The placement of rip rap is located within the existing transportation
facility of the new bridge (entirely underneath the bridge deck) and within the riparian buffer permit footprint.
-This activity will not result in additional impacts to riparian buffers.
-This activity will not affect the required stormwater runoff treatment at the site.
It does appear that this activity, as proposed in this email, should not require a permit modification. The Department only
wishes to stabilize piers along the streambank. Please let me know if you agree with my assessment of this issue. Thank
you in advance for your review of this information.
Chris Murray
NCDOT Division 5 Environmental Supervisor
1 of 4 9/25/2006 9:41 AM
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STATE OF NORTH CAROLINA ANas oRM?q?ry 6
DEPARTMENT OF TRANSPORTATION RB?ti
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 8, 2006
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
S?
Post Office Box 1890
Wilmington, NC 28402-1890
Attention: Mr. Richard Spencer
NCDOT Coordinator, Division 8
Subject: Additional Information for Section 404 Individual Permit and Section 401
Water Quality Certification for US 421/NC 87 Bypass from East of SR 1521
to east of NC 42, Lee County; Federal Aid Project No. STP-NHF-421(2), WBS
Element No. 34431.1.1, Division 8, TIP No. R-2417AB
Reference: - USACE Section 404 Individual Permit (Action ID No. 200220899) dated May
29, 2002
- NCDENR-DWQ Section 401 Water Quality Certification (DWQ Project No.
001432) dated April 10, 2002
The purpose of this letter is to provide the US Army Corps of Engineers (USACE) and the NC
Division of Water Quality (DWQ) with additional information regarding the North Carolina
Department of Transportation's (NCDOT) activities to address an on-going erosion problem at
the inlet side of Permit Site 10 (Station 18+62 SR4 LT / Station 33+50 I). The erosion is
occurring at the 36-inch (900 mm) CSP outlet pipe, located approximately 50 feet from the
jurisdictional stream, that outlets stormwater drainage. Despite attempts to stabilize the area
with riprap, scour hole, etc., there is continued erosion. The NCDOT will be extending the outlet
to the stream in a pipe system with drainage structures that have drops in elevation. The drops
will act to dissipate energy. The outlet pipe will be place at 0.00% to minimize velocity. The
10-year outlet velocity is estimated at 3.1 feet per second (ft/s). The placement of the additional
approximately 66-foot long section of pipe will be within the footprint of the permitted impacts.
As such, no additional impacts will occur.
Four (4) figures are attached, including a location map (showing the location of Permit Site 10),
and figures depicting the pipe extension and a Detail sheet are attached to this letter. The
-- -- -1C-DOT-respectfully-requests-tliesesheets- Ve -iconporated-into-trie-re€ereneed-pe=id and -- - - - --- -___-.--,___ _
certification.
MAILING ADDRESS: TELEPHONE: [phone] or LOCATION:
NC DEPARTMENT OF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BLVD. SUITE 240
NATURAL ENVIRONMENT UNIT FAX: [phone] RALEIGH NC 27604
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 WEBSITE- WWW.NCDOT.ORG
?? The placement of the additional section of pipe does not result in any changes to the
permitted jurisdictional impacts. As such, a permit modification is not warranted. The
information contained in this letter, along with the attached sheets, is provided as a Permit
Addendum. Two (2) copies of this letter are being provided to DWQ for their use.
Thank you for your assistance with this project. If you have any questions or need additional
information, please call Bill Barrett at [phone].
Sincerely,
Gregory . Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
cc:
w/attachment
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Ms. Becky Fox, USEPA - Whittier, NC
Mr. Ronald Mikulak, USEPA - Atlanta, GA
Mr. Clarence W. Coleman, P.E., FHWA
Mr. Gary Jordan, USFWS
Dr. David Chang, P.E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Greg Perfetti, P.E., Structure Design
Tim Johnson, P.E., Division 8 Engineer
Mr. Art King, Division 8 Environmental Officer
w/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Maj ed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay McInnis, P.E., PDEA Project Planning Engineer
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US 421/NC 87 Bypass (Sanford)
Proposed Mitigation Sites
Table A. Surface Water Impacts for Project R-2417.
Site No. Station No. Stream Name DEM Class Type Impacts (ft)
Section AA
5 32-5v-L UT 1 to big BuF aio Creek C Class 11 377
6 42+50-1, UT 3 to Big Buffalo Creek C Class II 322
6 42+40-1, UT 2 to Big Buffalo Creek C Class 111 190
7 49+35-L UT 4 to Big Buffalo Creek C Class III 331
9 60+10-L (LT&RT) UT 5 to Big Buffalo Creek C Class II 417
9 60+12-1, (LT) UT 6 to Big Buffalo Creek C Class III 345
10 65+10-L P-2 Pond C Class I 0.54 ac
10 65+10-L UT 7 to Big Buffalo Creek C Class III 59
Section AB
1 70+62-L UT 8 to Big Buffalo Creek C Class 1 778
2 71+35-1, UT 9 to Big Buffalo Creek C Class II 509
4 74+40-L UT 10 to Big Buffalo Creek C Class III 499
5 77+20-1, P-3 Pond C Class 1 0.74 ac
6 77+20-L UT 11 to Big Buffalo Creek C Class III 715
7 Y26+00 UT 8 to Big Buffalo Creek C Class I 1558
8 Y22+00 UT 12 to Big Buffalo Creek C Class III 171
10 Y33+50 UT 13 to Big Buffalo Creek C Class I 190
11 Y37+50 P-6 Pond C Class I 0.37ac
12 Y39+00 UT 14 to Big Buffalo Creek C Class III 213
13 Y43+50 UT 15 to Big Buffalo Creek C Class I 181
14 83+60-1, UT 16 to Big Buffalo Creek C Class III 532
15 85+78-1, UT 17 to Big Buffalo Creek C Class 111 407
16 89+20-L UT 1 to Little Buffalo Creek C Class I 213
Section BA
1 91+75/93+40-L UT 2 to Little Buffalo Creek C Class III 709
5 104+25/104+46-L UT 1 to Wallace Branch WS-IV Class III 200
6 106+18/106+35-L UT 2 to Wallace Branch WS-IV Class III 56
7 107+85-L UT 3 to Wallace Branch WS-IV Class III 102
8 108+23-1, UT 4 to Wallace Branch WS-IV Class III 49
9 112+35/113+00-L Wallace Branch WS-IV Class I 364
10 113+00/113+65-L UT 5 to Wallace Branch WS-IV Class II 456
11 125+20/125+65-L UT 1 to Lick Creek WS-IV Class 1 368
12 127+10/127+20-L UT 2 to Lick Creek WS-IV Class I 164
12 127+20/127+42-L UT 2 to Lick Creek WS-IV Class III 128
13 129+27/129+32-L UT 3 to Lick Creek WS-IV Class III 112
13 129+32/129+37-L UT 3 to Lick Creek WS-IV Class I 141
14 132+25/133+03-L UT 4 to Lick Creek WS-IV Class I 532
15 134+10/135+38-L UT 5 to Lick Creek WS-IV Class II 492
16 135+30/135+40-L Lick Creek WS-IV Class I 637
17 137+48-1, UT 6 to Lick Creek WS-IV Class II 46
17 137+60-1, UT 6 to Lick Creek WS-IV Class III 171
18 12+65/13±05-RpC UT 7 to Lick Creek WS-IV Class III 190
19 14+57/15+15-RpC UT 8 to Lick Creek WS-IV Class I 230
20 139+63/140+27-L UT 9 to Lick Creek WS-IV Class I 348
21 15+18/15+40-RpA UT 1 to Sanford H2O WS-IV Class I 263
c- --. TTTI q-4r- ?r -

Table A. Surface Water Impacts for Project R-2417 (continued).
Section BB
1 508+50-L(154+00) UT 4 to Sanford H2O WS-IV Class I 595
2 524+00-L(159+50) UT 5 to Sanford H2O WS-IV Class I 225
3 533+00-L(162+30) UT 6 to Sanford H2O WS-IV Class I 420
4 544+00-L(165+40) P-I I Pond WS-IV Class I 1.48 ac
5 544+00-L(166+40) UT 7 to Sanford H2O WS-IV Class I 160
6 546+50/562+00-L(168- UT 6 to Sanford H2O WS-IV Class I 2070.
171+20)
6A 554+00-L(168+60) UT 8 to Sanford H2O WS-IV Class I 185
7 562+00-L(171+20) Pond WS-IV Class I 0.05 ac
7A Y2+20 RpB Pond WS-IV Class I 0.27 ac
9 589+50-L(179--70) UT 1 Carrs Creek C Class II 430
Section C
2 186+40-L Carrs Creek C Class I 781
3 186+40-1, UT 2 to Cans Creek C Class III 200
4 186+80-1, UT 3 to Carrs Creek C Class I 177
5 Y14+60 Cans Creek C Class I 774
5 Y14+60 UT 4 to Carrs Creek C Class III 115
6 190+70-L UT 5 to Carrs Creek C Class I 394
7 Yl 1+00 Carrs Creek C Class I 82 .
8 195+95-L UT 6 to Carrs Creek C Class II 371
10 202+50-1, P-13 Pond C Class I 2.84 ac
11 203-207+00-L UT 7 to Cans Creek C Class I 1329
12 207+00-L UT 8 to Cans Creek C Class I 79
Total Stream Impacts 23,605
(ft)
* Stream and wetland impacts determined for Sections AB and BA are based on the calculations of the final
permit drawings. These values will not change.
** Stream and wetland impacts determined for Sections AA and C were determined using preliminary drawings.
These values were calculated using the entire right-of-way and may therefore decrease as the final design is
completed.
*** Stream and wetland impacts determined for Section BB was determined using 25% completed drawings. These
values were calculated using the mechanized clearing boundaries.
Table B. Wetland Impacts for Project R-2417.
Site Station Cowardin Schafale & Weakley DEM Impacts
Classification Classification* Rating (ac)

1 14+00-L v: Mixed Nlesic Hardwood Forest Li 0.05
(Piedmont Subtype)
2 16+00-L (LT&RT) PFO1 C Mixed Mesic Hardwood Forest 33 0.05
(Piedmont Subtype)
3 16+60-L (RT) PFO1 C Piedmont Bottomland Forest 26 0.13
8 53+00/54+40-L PFO1C Piedmont Bottomland Forest 24 0.96
(LT&RT)
9 60+10-1, (LT&RT) PFO1C Mixed Mesic Hardwood Forest 57 0.19
(Piedmont Subtype)
Section AB
3 72+90-L PEM 1 B Drained Pond 33 0.04
5 77+20-L PEM1H Man made Pond Fringe Wetlands 68 0.13
6 77+20-1, PEM1B Low elevation seep 20 0.11
9. Y30+00 PEM1H Man made Pond Fringe Wetlands 68 0.012
11 Y37+50 PEM1H Man made Pond Fringe Wetlands 68 0.13
16 89+20-L PFO1C Mixed Mesic Hardwood Forest 38 0.34
(Piedmont Subtype)
Section BA
2 94+21/94+88-L PFO1C Coastal Plain Small Stream 82 0.028
Swamp (Blackwater Subtype)
3 13+90/13+93-RpA PSS1C Coastal Plain Small Stream 82 0.082
Swamp (Blackwater Subtype)
4 102+19/102+34-L PSS1B - Low elevation seep 25 0.34
14 132+25/133+03-L PFO1C Mixed Mesic Hardwood Forest 32 0.040
(Piedmont Subtype)
16 135+30/135+40-L PFO1C Mixed Mesic Hardwood Forest 26 0.007
(Piedmont Subtype)
17 137+48/137+60-L PFO1B Low elevation seep 26 0.005
18 12+65/13+05-RpC PFO1B Low elevation seep 26 0.027
19 14+57/15+15-RpC PFO1B Low elevation seep 26 0.025
20 139+63/140+27-L PFO1B Low elevation seep 26 0.005
Section BB
3 533+00-L PF01C Mixed Mesic Hardwood Forest 68 0.36
(Piedmont Subtype)
4 544+00-L PF01C Coastal Plain Small Stream 82 1.00
Swamp (Blackwater Subtype)
6 546+50/562+00-L PFO1C Coastal Plain Small Stream 82 3.63
Swamp (Blackwater Subtype)
8 572+50-L PFO1C Coastal Plain Small Stream 82 2.08
Swamp (Blackwater Subtype)
9 589+50-L PFO1C Coastal Plain Small Stream 82 0.08
Swamp (Blackwater Subtype)
Section C
1 185+20=1, PFO 1 C Coastal Plain Small Stream 82 0.22
Swamp (Blackwater Subtype)
3 186+60-L PFO1C Floodplain depression 43 0.06
3 186+60-1, PFO 1 C Floodplain depression 51 0.42
5 Y14+60 PFO1B Low elevation seep 51 0.052
8 195+95-1, PFO1B Low elevation seep 57 0.12
-levaticr
Swamp (Blackwater Subtype)
Total Wetland Impact 10.98
LEGEND
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 15, 2006
Ashe County
DWQ Project No. 03-0599
Bowlin Stream Mitigation Site (associated with TIP #R-0529)
APPROVAL of 401 Water Quality Certification
Mr. Joe Mickey, Jr.
NCWRC Watershed Enhancement Coordinator
1721 Mail Service Center
Raleigh, NC 27699-1721
Dear Mr. Mickey:
You have our approval, in accordance with the attached conditions perform the Bowlin Stream Mitigation Site
work in Ashe County as described in your original application dated May 5, 2003 and originally permitted by
the Division of Water Quality on May 29, 2003. This project meets the definition of Enhancement Level 1 in
the U.S. Army Corps of Engineers' stream mitigation guidance. '
After reviewing your application, we have decided that this activity is covered by General Water Quality
Certification No. 3495, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 27. In
addition, you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 federal permit.
This approval is valid solely for the purpose and design described in your application. Should your project
change, you must notify the Division of Water Quality (Division) and submit a new application. If the property
is sold, the new owner must be given a copy of this approval letter and certifications, and is thereby responsible
for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one
acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must
adhere to the conditions listed in the attached certification and any additional conditions listed below.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project. In addition, "as-built" drawings shall be sent
to the Division upon project completion.
None Carolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
August 15, 2006
DWQ# 03-0599
Page 2
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please contact Sue Homewood at 336-771-4964 or-at [e-mail].
Sincerely,
/ Alan W. Klimek, P.E.
Attachment
cc: John Thomas, USACE Raleigh Field Office
DEW WR-hn1T 7401 T -M- pbrtation Unit -
DWQ Winston Salem Regional Office
DWQ Central Files
oH? 'euO6
'icy
Ar
-%mr. Joe Mickey
August 15, 2006
` DWQ# 03-0599
Page 3
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
-and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This forma
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built.
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state. that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
May 16, 2006
?Co
Subject: Water Quality Certification Application Requirements for the Proposed Second Bridge to
Oak Island in Brunswick County, TIP Project No. R-2245
Dear Dr. Thorpe:
Due to the complexity of the referenced project, DWQ has compiled a list of necessary items that should
be included in the Water Quality Certification (WQC) application to meet the project commitments. This
list is intended to assist NC DOT in providing a complete application for the project. Items on this list are
associated only with the original project commitments and the subsequent revised commitments and do
not include items typically required for a WQC application. This letter does not relieve NC DOT from
the responsibility of submitting a complete application for the referenced project. The list of commitment
items is provided below:
1. A summary of the original commitments and the subsequent revisions that have occurred.
2. Signed, legal agreements from the landowners indicating their acceptance of the terms agreed to
by the Merger Team in the signed concurrence form dated April 11, 2006.
3. Maps detailing the conservation easements for the three Carolina bays, wildlife corridors, and
park and recreation areas. These maps should delineate the upland and wetland boundaries of the
bays with the respective acreages, show any built upon areas within and immediately adjacent to
the bays, provide the locations of access roads, and provide the locations of the wildlife crossings
under access and private development roads.
4. A final approved draft of the Memorandum of Understanding (MOU) regarding control of access.
.The final draft must have the formal written approval of all of the signatory parties of the MOU.
5. Road design maps labeled with the special control of access symbol indicating that a break in
control of access is subject to the MOU.
We look forward to working with you on this project in the future. If you have any further questions.
regarding this matter, please contact Brian Wrenn at 919-733-5715.
il;V?l I -
John Hennessy
Supervisor
None Carolina
Transportation Permitting Unit tlfCal
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
May 16, 2006
Page 2
Cc: Chris Militscher, US EPA
Ron Lucas, FHWA
Travis Wilson, NC WRC
Gary Jordan, US FWS
Dave Timpy, US ACE Wilmington Field Office
Steve Sollod, NC DCM
Fritz Rhode, NC DMF
Rod Sechler, NMF
Ken Averitte, NC DWQ Fayetteville Regional Office
File Copy
WA'If ' Michael F Easley, Governor
William G. Ross Jr., Secretary
.,,? •••' _•, __.,,., North Carolina Department of Environment and Natural Resources
co Alan W. Klimek, P.E. Director
> _i Division of Water Quality
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification
Project Name/TIP Project No.: Date: t
DOT Division: County:.i?i `I<.DWQ Project No./Permit Type: ! '?`? ?a? 127
DOT Staff ? Y ?,i't DWQ Staff. 9
ACE Staff : DWQ Regional Office: i, AJ
Modification Description:
{ _ e f 1 s -5--
li °. o Y Ir i? tv . .
I
-,
-A
Modification Sketch:
Noe Carolina
Transportation Permitting Unit Nturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet httt)://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
In-Field Modification-
"0
? Page 2 of 3 d i ,.
This in-field modification is required for the following reason(s):
The information contained in the application or presented in support thereof is incorrect in the
following manner:.
Conditions under which the original certification was issued have changed in the following
manner:
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality, ._
Transportation Permitting Unit'.
This in-field modification authorizes the NCDOT to
'in 1`Y?.V t >i 1l County. The project sh 11 be constructed as described in the Modification Description and
Sketch on Page 1 of this document dated ; ! . "1 -? k to improve/construct the section of
that extends from to The approved
design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated
(i l Any further changes to the original Water Quality Certification dated may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the
_ River Basin in conjunction with the proposed development 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 the applicable portions of 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. Should your project change, you are required
to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter, and is thereby responsible for complying with all the conditions. For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s) of Modification Approval:
L As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated -'61-2'14c,4 and all other corresponding modifications still apply except where
superceded by this certification.
In-Field Modification
Page 3 of 3

3. Additional Conditions: i
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, then NC DWQ
must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If
additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear
feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the
current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contested-case provisions ofrthe A*n nistrative Procedure Act, N.C. Gen. Stat. § 150B-23 et sea.
DWQ Staff Signature:
Date:
DOT Staff Signature: -:
Date: k 4
Staff Signature:
Date:
- An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and-Regional Office personnel.
Re: R-25 8B NC 109 Davidson County
?-I , ,
Good morning all,
Randy Griffin and myself reviewed the subject site on November 1 with Resident Engineer Darin
Waller and
Division Environmental Officer Diane Hampton. Based on that review we offer the following
recommendations:
64+83
• Observations: In accordance with the permit conditions, the intermittent channel has been
relocated according to the plans at Site 9 Permit Drawings from Sta. 64+40 to Sta.
65+00.Sta. -L- LT. The proposed design for this stream relocation did not incorporate the
significant slope from Sta. 64+83 to the outlet of 42" pipe. The channel has currently
"head-cut" back upstream to bedrock. The stream in this area is on approximately 4-5%
slope and grade control is needed to prevent any further head cutting. There is bedrock
control just downstream of the 42" pipe, which has caused the headcutto stop from
advancing further upstream. The downstream portion of the channel appears to be much
flatter and grade control is not needed in this area. There are currently two temporary rock
sills in place to help hold the grade. Downstream of the last rock sill the slope on both sides
of the channel have been plated with Class I rip-rap due to severe hillside seeps that were
continuing to cause the slope failure.
• Based on our review it is recommended that the upstream rock sill be removed and replaced
with a modified rock cross vane. The boulders to be used should be at least Y x 2'x 1' in
size. Boulders should be installed at an elevation which is 1/2 vertical elevation of the
downstream rock sill and the bedrock control upstream. It is recommended to place filter
fabric on the upstream face to the bottom of cut for boulder installation to keep any flow
from piping through the structure. The cross vane arms should be two to three feet in length,
with a channel top-width of 9' and installed at a slope of seven to ten degrees. There were no
other options or recommendations that could have been made in lieu of placing the Class I
rip-rap on both sides of the stream in order to prevent any further slope failure. It is
recommended extending the Class I up to the arms of the rock cross vane to provide
additional slope protection while making sure that none of the rip-rap is placed in the channel
itself.
Please let me know if I can be of further assistance. I can be reached at [phone].
Jason
Diane Hampton P.E. <dkhampton(a dot.state.nc.u§l
Environmental Engineer
Highway Division 9,Operations,Division of Highways
.....
................................. ............... ............................................. ...._............... _............................................................................... ............................... ............. _....... ............... ..... ...........
2 of 2 11/2/2006 3:04 PM
NJ R TF ? Michael F. Easley, Governor
\O10
?QQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
6 Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification
Proj ect Name/TIP Project No.: + c, I.it kLLL- tI
DOT Division: County: i„AQd1- i,11-3 DWQ Project No./Permit Type: a '"(t< i k l f DOT Staff: # .. 3 UPS DWQ Staff ?''Q L _ `
ACE Staff : WA DWQ Regional Office: r
`? ? ?k't.?' ?'??
.t
Modification Description:
?l ,( ? 5...1 3S3r( ,' ??
70
? €
AI%Q }Ef r .` aFr e ,jc {
1us f?€ P,tsbi`.l0 M le i s :?-fit
DJ A s"....t"i`,X `? ( ice;
1p, ;
Modification Sketch:
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr,state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
In-Field Modification
Page 2 of 3
<, W 4
This in-field modification is required for the following reason(s):
F, The information contained in the application or presented in support thereof is incorrect in the
following manner:
Conditions under which the original certification was issued have changed in the following
manner: _
N _ i I-jO X _
t f ? ¢-A C,S .
U_t J A b U T7) C_ L-Q U I i: E?
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
This in-field modification authorizes the NCDOT to _
IM FACE :">rk 1 [11-1 _k- ( e- -tA i LiS J C- TLf11' b l :JD
b
in L-,It t,3 L)LM County. The project shall be constructed as described in the Modification Description and
Sketch on Page 1 of this document dated Y k., Ll .. I t 11) tZtg to improve/construct the section of
01 4.Iye(+ that extends from- sa >`+ ; rs y I .fie.?.1" 1?{ t C t 1 ! ?1 C . The approved
design is that described in the Modification Description and Modification Sketch on Page of this document dated
P60- .1, s . Any further changes to the original Water Quality Certification dated ? a't 1 may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the Cat I A AJ 6A
River Basin in conjunction with the proposed development 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 the applicable portions of 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. Should your project change, you are required
to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter, and is thereby responsible for complying with all the conditions. For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s) of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated _q 1,;o Jc4 and all other corresponding modifications still apply except where
superceded by this certification.
In-Field Modification
Page 3 of 3
3. Additional Conditions:
A Li &,-6, ey_? it .z> iir
,?>V Tit` t? tl.Ltit N;?'yu
-t h vz TZ: M i?' ?-A a) s t.- v 4;i

t $b
T11 (.
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-l.. A R4C. P i` T tn_ i? ? 3 t ! ? i -i? i fj&J. _e _s x t 1 A1.L. /?E- r'_E Q .
:tAMf..`/ (',i iC 1 c` J L b11ti.L :'
t C $.t t-R?•-. . [. ' K.Li 4:? t r' t 4 C' i?.... r'- k 1-$ i`t's e {:' f ~b?, f'''ti,D i? F ` i t` i i CM1..: 71 Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, then NC DWQ
must require a formal written modification to the 401 WQC, and-therefore, this in-field modification is invalid. If
additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear
feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the
current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contested case provisions of the Administrative Procedure Act, N.C. Gen. Stat. § 15OB-23 et seg.
DWQ Staff Signature:
U
Date:
DOT Staff Signature: 'J
r
Date: r' j ; cs :1
Staff Signature:
Date:
An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.
Dec-01-2006 10:21am From-NCDOT DIV 12
Site 17C Narrative
T-477 P.002/006 F-278
A 48" RCP overflow for the box culvert at Sta. 20+04+-/- Y14, R-2206C project in
Lincoln County, is to be installed by boring and jacking the pipe under NC 150. In order
to place the rails for the boring apparatus, an 8'x 40' boring pit must be constructed by
excavation in the wetland area adjacent to site. The steam that crosses this area will be
diverted into a. IT' plastic pipe and placed in the unnamed tributary to Killian Creels. The
boring pit will be excavated and excavated material will be placed two (2) layers of filter
fabric to minimize damage to the wetland vegetation. The pipe boring and placement is
expected to take four (4) days and the boring apparatus will be removed from the bore
pit_ This area will be protected by necessary erosion control devices during this activity.
The excavated material will be placed back into the excavation and graded to original
condition. The stream banks damaged in the excavation will be reshaped / reconstructed
and stabilized with core fiber matting. All disturbed areas will be seeded with a wetland
seed mixture.
Dec-01-2006 10:21am From-NCDOT DIV 12 + T-477 P-003/006 F-276
.. ... ,. -- - - SU6JEGT • - rtcv?e?1 -
DEPARTMENT OF TRANSPORTATION el Vim
COUNTY
DIVISION OF HIGHWAYS v
HIGHWAY BUILDING PREPARED SY DATE STATION
P. O. BOX 25207
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHr.t~T OFD
I
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7-96
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Dec-01-2006 10:21 am From-NCDOT DIV 12 + T-477 P-004/006 F-278
SUBJECT --?" ` PROJtGT
.-EPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS COUNTY
HIGHWAY BUILDING PREPARED BY DATE STATION
P. O. BOX 25201
RALEIGH, NORTH CAROWWA 27611 CHECKED BY ? DATE STR NO- SHEET OF
F
L I - -Y -- -
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80.01

Dec-01-2006 10:22am From-NCDOT DIV 12 + T-477 P-005/006 F-278
SUBJECT ..., c. . i v PROD ECT
DEPARTMENT OF YRANSPORTATION SG?jo ?A
DIVISION OF HIGHWAYS COUNTY
HIGHWAY BUILDING PREPARED BY DATE SYATION
P. O. BOX 25Zo1
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SKEET OF_,,,,
i .I. I I 1 I I I _.._;_• I ?_ I
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Dec-01-2006 10:22am From-NCDOT DIV 12
+ T-477 P-006/006 F-278
4

0? w a
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North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
?II Modification
Vt,s• -3101 Date: ®,
Project Name/TIP Project No.: pV A
DOT Division: County: WA K ? DWQ Project No./Permit Type:
DOT Staff: Ch ,01S 141110ta) DWQ Staff I?pb1\ lolff?J s
ACE Staff : DWQ Regional Office: T-P /c, o
Modification Description:
41- ?'}8o Rt : - n
Sfa 5 i (; L-? a .,?a 1° t?c?'t•?c?:.? r f p-rah - ?n e d? (af•e?t .'?c4 46 41-4-
?1D0 ?M p%/e- a 3 f-O?Qf.
?+ 7 I-r'e •r? ?a? At d ail e f q00' V0;0
3 6 +- 0 0 R-t- wr fih a ?/' e 1-pion Q D u i
,..• ?l e `T O,rh1 Pv S c co a /` ??t^Q (e w o !' bt 100 P a w Q of 1/eon
01 If.. 11
77T-a C? 4 -
plan
s ? AG
a?
,/t V sr
Modification Sketch:
NoorthCazolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr,state.nc.us/ncwetlands
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
.1<n-Field Modification
Page 2 of 3
This in-field modification is required for the following reason(s):
The information contained in the application or presented in support thereof is incorrect in the
following manner:
x3i Conditions under which the original certification was issued have changed in the following
manner:
Sft{/ +c/?a?n near 3s+80 RF Gras, caase? `vt aes4Pe_ 41 e_
In [AZ d K A- County. The project shalt be constructed as aescnbea in the Moatrncation Lescnptnon ana
iy?. 2-0, `0 to improve/construct the section of
Sketch on Page 1 of this document dated 5
1 that extends from :C?-L{O to us 6' y . The approved
design is at described in the Modification Description and Modification Sketch on Page 1 of s document dated
! 20 D . Any further changes to the original Water Quality Certification dated 27 /Oy may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the 4,5.0-
River Basin in conjunction with the proposed development 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 the applicable portions of 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. Should your project change, you are required
to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter, and is thereby responsible for complying with all the conditions. For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s) of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized acti tie and conditions of the certification associated with the original Water Quality
Certification dated P 27 Zdsl and all other corresponding modifications still apply except where
superceded by this certification.
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
In-Field Modification
Page 3 of 3
3. Additional
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, then NC DWQ
must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If
additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear
feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the
current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contested cas ovisions oft dministrative Procedure Act, N.C. Gen. Stat. § 150B-23 et seg.
DWQ Staff Signature:
?^ 0
Date: 20
?J
DOT Staff Signature:
Date: 1 ? 1,O ) of,
Staff Signature:
Date:
1 - An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.
t N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE
TO: REF. NO. OR ROOM, BLDG.
PROM: .. REF. NO. OR ROOM, BLDG.
ACTION
? NOTE AND FILE ?. PER OUR CONVERSATION
? NOTE AND RETURN TO ME - ?. PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE- APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:

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Wilmiam G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
RECEIVED
SEP $ M
woOF rS
WIMM"
APPROVAL of 401 Water Quality Certification
Dr. Gregory J. Thorpe, PhD, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
August 27, 2004
Wake County
DWQ Project No. 04
TIP No. U-3101C
?El V E4
29 2001
Mug
04Jf_ 0NAIs .1
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening US 1/64 from US 64 to south of SR 1313 (Walnut Street) in Cary, Wake County.
Impact Locations
STA 16+52 to STA 20+00
STA 27+48
STA 36+50
STA 37+80
STA 42+70 to STA 43+20
------------
STA 52+34
STA 53+36 to STA 54+82
STA 11+01 to STA 11+85 RPBWS
STA 11+60 LPBWS
Total
Impact Locations
STA 16+60 to STA 20+60
Stream Impacts (Linear Feet)
213
72
16
98
75
20
20
256
140
910
STA 27+50
STA 35+10 to STA 36+80
STA 37+80
STA 42+95
STA 52+30 to STA 58+10 to STA 12+80 LPBWS
STA 11+50 LPBWS
Total
Wetland Impacts (acres)
0.032
0
0
0.005
0
0
0
0
0.006
0.043
Riparian Buffer Impacts (Square reet)
99,736 (69,156 Zone 1 + 30,580 Zone 2)
14,036 (8,417 Zone 1 + 5,619 Zone 2)
16,339 (7,793 Zone 1 + 8,546 Zone 2)
20,225 (11,797 Zone 1 + 8,428 Zone 2)
17,222 (9,472 Zone 1 + 7,750 Zone 2)
96,991 (57,704 Zone 1 + 39,287 Zone 2)
16,113 (9,483 Zone 1 + 6,630 Zone 2)
280,662 (173,822 Zone 1 + 106,840 Zone 2)

The project shall be constructed in accordance with your revised application dated August 18, 2004. After
reviewing your application, we have decided that the stream and wetland impacts described are covered by General
Water Quality Certification Numbers 3404. This certification corresponds to the Nationwide Permit 14 issued by
the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality
Certification. I4o Carolina
fur ally
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet http://h2o enr state.nc.us/nc wetlands
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/100/6 Post Consumer Paper
8
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) Mitigation for impacts to 173,822 square feet of protected riparian buffers in Zone 1 and 106,840 square feet of
protected riparian buffers in Zone 2 will be mitigated for as described below:
Zone of Impacts Replacement Total Mitigation Required Onsite Mitigation Offsite
Impact (Square Feet) Ratio (Square Feet) Provided Mitigation
(Square Feet) Required
(Square Feet)
Zone 1 173,822 3:1 521,466 52,258 469,208
Zone 2 106,840 1.5:1 160,260 3,845 156,415
Total 280,662 681,726 56,103 625,623
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP), and that the
EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to Neuse
Riparian Buffers shall be provided through an in-lieu payment to the North Carolina Ecosystem Enhancement
Program (NCEEP) at a rate of $0.96 per square foot for 625,623 square feet of buffer impact. Therefore, a
total payment of $600,598.08 shall be submitted to the NCEEP to offset the impacts. No construction
activities in Neuse River Riparian buffers shall begin until payment for buffer mitigation is made and the
Ecosystem Enhancement Program receives and clears your check (made payable to DENR - Ecosystem
Enhancement Program).
3.) Compensatory mitigation for 469 linear feet of impacts to jurisdictional streams shall be provided by onsite
stream relocations of 157 linear feet of a tributary to Swift Creek and 312 linear feet of offsite mitigation. The
onsite stream relocation shall be constructed in accordance with the design submitted in your June 28, 2004
application. All stream relocations shall have 50-foot wooded buffers planted on both sides of the stream. As-
Builts for the completed streams shall be submitted to the North Carolina Division of Water Quality
Transportation Permitting Unit within 30 days of the completion of the construction of the relocations. If the
parameters of this condition are not met, then the NCDOT shall supply additional stream mitigation for the 157
linear feet of impacts. In addition to the 157 linear feet of on-site mitigation, compensatory mitigation for an
additional 312 linear feet of streams is required. We understand that you have chosen to perform compensatory
mitigation for impacts to streams through an in lieu payment to the North Carolina Ecosystem Enhancement
Program (NCEEP), and that the EEP has agreed to implement the mitigation for the project at 1:1. Mitigation
for unavoidable impacts to streams shall be provided through an in-lieu payment to the North Carolina
Ecosystem Enhancement Program (NCEEP) at a rate of $200 per linear foot. Therefore, a total payment of
$62,400.00 shall be submitted to the NCEEP to offset the stream impacts associated with this project. EEP has
indicated in a letter dated August 19, 2004 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project.
4.) All channel relocations will be constructed in a dry work area, and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized prior to diverting water into the new channel. Whenever
possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for
bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coin fiber and seedling establishment is allowable. Also, rip-
rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage requested.
5.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
6.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
7.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
9.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
10.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
11.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12 he outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by orange fabric fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by thig certification.
13.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
14.) Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
15.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
16.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or

banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
17.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
18.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
19.) All work shall be performed during low or normal flow conditions.
20.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
21.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
22.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. A post-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
?? o changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal or vertical
(iPlacement of the culverts, the horizontal or vertical placement of bridges, the horizontal or vertical placement of
grassed swales, or the horizontal or vertical placement of open ditches is permitted without written approval
from the NC Division of Water Quality 401 Wetlands JJnit. In Addition, no changes to the flow spreader
locations or designs, preformed scour. hole locations or designs ar?permitted without written approval from the
NC Division of Water Quality 401 Wetlands Unit. Any request for changes to the referenced items above will
require submittal of amodification r _ ues with seven copes; ar4conesponding fees will need to be submitted
to the North Carolina Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
S' ely,
?l
Alan W. Klimek, P.E`yc
JEH/njt
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Jon G. Nance, PE, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
NCDWQ Raleigh Regional Office
Central Files
File Copy
c:\Cornspondence\DWQ041055\081904wgc.doc
\1'? TF?, William G. Ross Jr., Secretary
Ot, /"G North Carolina Department of Envirenment and Natural Resources
r y Alan W. Klimek, P.E. Director
Division of Water Quality
! >_ WWW???J? 'I
ERE October 5, 2004
i V ED Wake County
DWQ Project No. 041055
TIP No. U-3101C
Dr. Gregory J. Thorpe, PhD., Manager 5 2004
Planning & Environmental Branch
N.C. Department of Transportation ? HIGmk
1548 Mail Service Center T?1AAlE0
Y6
Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe:

Re: Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer Certification,
Modification for the purpose of widening US 1/64 from US 64 to south of SR 1313 in Cary, Wake County,
TIP U-3 101C, WBS Element 34897.1.1, State Project No. S. 1403101, WQC Project No. 041055.
Attached hereto is a modification to Certification No. 041055 issued to the North Carolina Department of
Transportation on August 27, 2004. The attached modification authorizes the following:
Site Location Action taken Fill (ac) Mechanized Clearing (ac)
Site 10 STA 64+10 L Wetland fill and mechanized clearing 0.006 0.016
Total New Impacts 0.022
This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated August 27, 2004 still
apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Xncer y,
Alan W. Klimek, P.E.
Director
Attachments:
Modification to WQC No. 010681
cc: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers Raleigh Field Office
NCDWQ Raleigh Regional Office
Mr. Jon G. Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
Central Files
File Copy
NorthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
An. Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NORTH CAROLINA-401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued`in conformity wrth the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCA(: 2H, Section .0500. The attached modification authorizes the fol)owing:
Site Location Action taken Fill (ac) Mechanized Clearing (ac)
Site 10 STA 64+10 L Wetland fill and mechanized clearing . 0.006 0.016
Total New Impacts 0.022
This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated August 27, 2004 still apply
except where superseded by this certification.
The application provides adequate assurance that the fill and mechanized clearing in wetlands in conjunction with
the proposed road widening 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 the applicable portions
of 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.
This approval is only valid for the purpose and design that you submitted in your application. Should your project
change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required
to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits
before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of two manuals. Either the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and
rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and
10 NTUs in trout waters).
2. Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1 anywhere on this project. Moreover, sediment and erosion
control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
3. All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be
restored to the preconstruction contours and revegetated with native woody species upon completion of
the project construction. A post-construction as-built with the restoration activities included shall be
submitted to the DWQ no later than 60 days after the project is closed out by the Department of
Transportation.
Aw-
4. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by orange fabric fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
7. No additional compensatory mitigation shall be done in accordance with this modification.
8. All other conditions written into previous Water Quality Certifications for this project still apply.
Violations of any condition herein set forth shall result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon
expiration of the 404 permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
Sin ely,
an W. Klime
Modification to WQC No. 041055
c:\C'orrespondence\DW Q041055\wqc 100104mod. doc
Re: Constmction at US1 and US 64 (U-3101C/D)
Subject: Re: Construction at US1 and US 64 (U-3101C/D)
Date: Tue, 12 Sep 2006 12:13:08 -0400
From: Rob Ridings <[e-mail]>
Organization: NC DENR DWQ
To: Chris Murray <[e-mail]>
Chris,
While I think this is fine, John believes that due to language in the Cert approval "should your project
change...", etc, that to be safe we should use one of these new tear-sheet modification forms, since this is
technically a different form of treatment that the current certification specifies.
We are using these to address these type of minor changes for in-field assessment and modifications.
All I really need to do is visit the site with you, make sure the change is warranted and wouldn't require a
normal mod, attach your drawings of what will change, sign it and you automatically have an official
modification in your hands. Since it is only a minor change in design and none to impacts, there will be
no application fee either.
Give me a call (733-9817) and we can set this up. It shouldn't take more than half an hour if not less.
-Rob
Chris Murray wrote:
Rob,
The Department continues to construct the widening of US 1 and US 64 near Cary. The Department
has been working to stabilize a wash along a ditchline near Buffer Permit Site No. 3. I have addressed
the issue below (note attached permit drawing and proposed design):
Issue:
Steep terrain near 35+80 Rt has resulted in an unstable ditchline at the toe of fill. The department
proposes the following measures:
1. Stabilize the area by extending the rip rap-lined lateral ditch to the 400 mm pipe at 36+00 Rt.
2. Replace the existing rip rap pad at the outlet of the 400 mm pipe at 36+00 Rt with a pre-formed
scour hole.
Permit Assessment:
The PFSH will be 100 feet away from the buffer limits. There will be no increase in runoff directed to
the buffer nor any modification to the natural drainage pattern. The PFSH should serve to attenuate
stormwater runoff prior to the riparian buffer. No permit modification should be necessary for this
slight change in construction.
Please advise if you agree with my assessment. Thanks in advance for your review of this issue.
Chris Murray
1 of 3 9/19/2006 4:13 PM
Re: Construction at US 1 and US 64 (U-3101 C/D)
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Subject: Construction at US1 and US 64 (U 3101C/D)
Date: Mon, 11 Sep 2006 13:01:53 -0400
From: "Chris Murray" <[e-mail]>
Organization: North Carolina Department of Transportation
To: Rob Ridings <[e-mail]>
CC: Cadmus Capehart <[e-mail]> ,
Bob Shultes <[e-mail]> ,
Donald Pearson <[e-mail]> ,
"S. R. Morgan" <[e-mail]>
Rob,
The Department continues to construct the widening of US 1 and US 64 near Cary. The Department has
been working to stabilize a wash along a ditchline near Buffer Permit Site No. 3. I have addressed the
issue below (note attached permit drawing and proposed design):
Issue:
Steep terrain near 35+80 Rt has resulted in an unstable ditchline at the toe of fill. The department
proposes the following measures:
1. Stabilize the area by extending the rip rap-lined lateral ditch to the 400 mm pipe at 36+00 Rt.
2. Replace the existing rip rap pad at the outlet of the 400 mm pipe at 36+00 Rt with a pre-formed scour
hole.
Permit Assessment:
The PFSH will be 100 feet away from the buffer limits. There will be no increase in runoff directed to
the buffer nor any modification to the natural drainage pattern. The PFSH should serve to attenuate
stormwater runoff prior to the riparian buffer. No permit modification should be necessary for this slight
change in construction.
Please advise if you agree with my assessment. Thanks in advance for your review of this issue.
Chris Murray
1 of 3 9/19/2006 4:12 PM
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Subject: Construction at US1 and US 64 (U-3101C/D)
From: Chris Murray <[e-mail]>
Date: Mon, 11 Sep 2006 13:01:53 -0400
To: Rob Ridings <[e-mail]>
CC: Cadmus Capehart <[e-mail]>, Bob Shultes <[e-mail]>, Donald Pearson <[e-mail]>, "S. R.
Morgan" <[e-mail]>
Rob,
The Department continues to construct the widening of US 1 and US 64 near Cary. The Department has been working to stabilize a wash along a
ditchline near Buffer Permit Site No. 3. I have addressed the issue below (note attached permit drawing and proposed design):
Issue:
Steep terrain near 35+80 Rt has resulted in an unstable ditchline at the toe of fill. The department proposes the following measures:
1. Stabilize the area by extending the rip rap-lined lateral ditch to the 400 mm pipe at 36+00 Rt.
2. Replace the existing rip rap pad at the outlet of the 400 mm pipe at 36+00 Rt with a pre-formed scour hole.
P-4 A.-.-f-
The PFSH will be 100 feet away from the buffer limits. There will be no increase in runoff directed to the buffer nor any modification to the natural
drainage pattern. The PFSH should serve to attenuate stormwater runoff prior to the riparian buffer. No permit modification should be necessary for
this slight change in construction.
Please advise if you agree with my assessment. Thanks in advance for your review of this issue.
Chris Murray
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 29, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1890
Wilmington, NC 28402-1890
ATTN: Mr. Richard Spencer
NCDOT Coordinator
Dear Mr. Spencer:
LYNDO TIPPETT
SECRETARY
a?
X00
0 7 3 1 Sr?R'lf q?ql?? 6
O rFRe
V. 3
SUBJECT: Permit Modification Request of.the existing Individual 404 and Individual 401
Permits for the Relocation of US 74. US 74 relocation from Maxton Bypass in
Maxton to NC 41 in Lumberton, Robeson County. TIP No. R-0513; State Project
No. 6.469002T. Debit $475.00 from WBS Element 34336.1.5
Please reference Section 404 Individual Permit, USACE Action ID 2003-00999, dated March 31,
2005, and Section 401 Individual Permit, Certificate DWQ ID 040734, WQC No. 3468, dated
April 19, 2005. Compensatory mitigation needed to offset the impacts from the relocation of US
74 was to be provided entirely by the NCDENR Ecosystem Enhancement Program (EEP). A
copy of the EEP acceptance letter is included with this letter.
Per an on-site discussion between the U.S. Fish and Wildlife Service (IJSFWS), N.C. Wildlife
Resource Commission (NCWRC), U.S. Army Corps of Engineers (USACE) and NCDOT on
March 7, 2006, it was agreed upon that NCDOT would provide on-site mitigation. This meeting
date was to review the potential sites that had previously been chosen. NCDOT now has an
opportunity to provide some of the necessary mitigation on-site at the Maxton site (R-0513A)
and the UT Little Jacob site (R-0513C). The unavoidable impacts include 62.87 acres of
wetlands (5.53 acres of riverine and 57.34 acres of non-riverine wetlands) and 9,101 linear feet of
stream associated with the proposed project.
The Maxton site would provide 3,260 linear feet of Priority II stream restoration at, a 1:1 ratio,
,48.6 acres of riverine wetland preservation at a 5:1 ratio, and 1.4 acres of non-riverine wetland
l preservation at awl ratio. An excess of 20.95 acres or nveriand will result from this
preservation. The site is located in Robeson County, approximately 2 miles southeast of Maxton.
The site is located in USGS Hydrologic Unit Code 03040203 and NCDWQ 03-07-51 sub-basin.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548
N
The UT Little Jacob site would provide 1,3 3 7 linear feet of Priority II stream restoration at a 1:1
ratio and 0.94-acre-of non-riverine wetland preservation at as 5.11 ratio. The site is located in
Robeson County, approximately 2 miles south of the Lumberton Airport, east of SR 2418
Lumberton Road and south of the existing US 74 right of way. The site is located in USGS
Hydrologic Unit Code 03040203 and NCDWQ 03-07-51 sub-basin.
Copies of the mitigation plans and 60% designs for the sites have been provided to NCWRC,
USFWS, NCDWQ, USEPA, and USACE. Additional copies are available upon request.
NCDOT will coordinate with EEP to reduce the amount of mitigation needed to the following:
-N--
Non-riverine wetland preservation 284.36 ac--
Stream preservation , 40 ft
If you have any questions or need additional information please contact Mr. John Merritt at
[phone].
Sincerely,
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
Cc: Mr. John Hennessy, NCDWQ
Mr. Travis Wilson, NCWRC
Ms. Kathy Matthews, USEPA
Mr. Ronald Mikulak, USEPA - Atlanta, GA
Mr. Clarence W. Coleman, P.E., FHWA
Mr. Gary Jordan, USFWS
Mr. Michael Street, NCDMF
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mrs. Beth Harmon, EEP
Mr. Terry Gibson, P.E., Division 6 Engineer
Mr. Jim Rerko, Division 6 Environmental Officer
Mr. Todd Jones, External Audit Branch
Enclosure
t
-,?ICfl S???l.
? . - it
March 8r "
Mr. Richard Spencer
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
.Post Office Box 1890
Wilmington.„ North Carolina 28403
Dear Mr. Spencer.
Subject: EEP Mitigation Acceptance Letter
R-0513, US 74 (Maxton Bypass), Robeson County; Lumber River Basin
(Cataloging Unit 03040203); Southern Inner Coastal Plain (SICP) Eco-Region
The purpose of this letter is to notib -you that the Ecosystem Enhancement Program (EEP)
proposes to provide preservation to compensate for the unavoidable 5.53 acres`hf riverine wetland, 57.34
acres of nom-riverine wetland, and 9,101 feet of stream impacts of the subject project: in the following
manner.
Wedand Preservation (10:1) in Same Eeo-Region (62.87 acres wetlands)
Great Cohaire-(Sampson County) 628.70 acres
Stream Preservation (10:1) in`SameEco-Region (12,040 feet stream)
Great Cohaire (Sampson County) 91,010 feet
This letter replaces the mitigation acceptance letter issued on May 20, 2004. The subject TIP
project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of
Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S.
Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory mitigation for the
project will be provided in accordance with Section IX, EEP Transition Period, of the Agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
[phone].
Sin erely,
Willi D. Gilmore, P.E.
EEP Director
cc: Mr. Phil Hams, Office of Natural Environment, NCDOT
Mr. John Hennessey, Division of Water Quality, Wetlands/401 Unit
File: R-0513 Revised
t i. J' ?. -,.? .,. .-iri..?. ',-:. ... '; ... ?_ is e.-?.. {.•'<. .i r 1. J•? 1..? i,.` 1!•,:?,{?. ??.
s MCDENR
North Carolina Ecosystem Enhancement Program, 165f Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep-net
'a
March 8, 2005
Mr. Gregory J. Thorpe, Ph.D., Manager,
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-0513A/B/C, US 74 Relocation (Maxton Bypass), Robeson County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide compensatory mitigation for the subject project. Based on the information
supplied by you in a letter dated April 30, 2004, and revised letter dated March 8, 2005, the
impacts requiring EEP mitigation are located in Cataloging Unit 03040203 of the Lumber River
Basin in the Southern Inner Coastal Plain Eco-Region, and are summarized below.
Wetland Impacts: 5.53 acres Riverine; 57.34 acres Non-Riverine
Stream Impacts: 9,101 feet
This letter replaces the mitigation acceptance letter issued on May 20, 2004. As
stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environrhent and Natural Resources, the North
Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington
District dated July 22, 2003. The compensatory mitigation for the subject project will be
provided in accordance with Section 1X, EEP Transition Period, of this agreement.
If you have'any questions or need additional information, please contact Ms. Beth
Harmon at [phone]
Sincerely,
it am D. Gilmore, P.E.
E Director
cc: Mr. Richard Spencer, USACE - Wilmington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File No. R-0513 Revised
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

?iFD STAT6.3
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
March 16, 2006
Colonel John E. Pulliam, Jr.
District Engineer
ATTN: Mr. Richard Spencer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 27889-1890
Sp?R????/ry
Rg?Nc?
SUBJECT: North Carolina Department of Transportation: Mitigation Plans for Maxton
and UT to Little Jacob Swamp Sites (TIP R-0513 WM)
Dear Colonel Pulliam:
This letter is in reference to North Carolina Department of Transportation's (NCDOT)
request for comments on the mitigation plans and 60% design plans, dated February 24, 2006,
for the Maxton Mitigation Site and the UT to Little Jacob Swamp Mitigation Site. The U.S.
Environmental Protection Agency (EPA), Region 4, Wetlands Regulatory Section, has reviewed
the mitigation plans and we have the following comments for your consideration. We regret that
we were unable to attend the March 7, 2006, site inspection, but hope to be able to view the sites
in the near future.
UT to Little Jacob Swamp Site: -
In general, the mitigation plan is acceptable. We are concerned, however, that the
"purchase of the property is currently under litigation," as stated on Section 1.3, Page 3. The
mitigation plan provides no clarification of this issue and does not indicate how this issue may
affect completing the proposed activities for. this site.
Two small existing wetlands (0.75 acre and 0.19 acre, respectively) are to be preserved
on the site. Both sites appear to be of low-to medium-quality, although no information other
than species and soils is provided. We recommend that NCDOT consider enhancing these
wetlands by planting more desirable tree species. We note that in their current state, preservation
credit should be minimal (higher than a 10:1 ratio).
2
In Section 5.4.2 (page 19), the plan states "installation of monitoring gauges is
recommended to aid in determining which portions of the Floodplain Zone will become wetlands
so that wetland mitigation credits can be obtained." EPA agrees with this recommendation, as
monitoring must be conducted in order to receive wetland credit for this area.
We believe that there may be issues with using Holly Swamp as a reference stream
because the watershed is so much larger than that of the UT to Little Jacob Swamp. However,
the addition of Muddy Creek as a reference site may balance this out, even though Muddy Creek
is in a different watershed. Muddy Creek appears to be a more valid reference when examining
watershed size, channel type, and valley type.
Maxton Site
In general, the mitigation plan is acceptable, particularly for the stream portion of the
proposed activities. Again, we believe that there may be issues with using Holly Swamp as a
reference stream.because the watershed is so much larger than that of the Maxton Site.
However, the addition of Muddy Creek as a reference site may balance this out, even though
Muddy Creek is in a different watershed. Muddy Creek appears to be a more valid reference
when examining watershed size, channel type, and valley type.
Two existing wetland areas (48.6 acres and 1.4 acres, respectively) are to be preserved on
the site. The 48.6-acre cypress-gum swamp community is adjacent to the Lumber River, and
was largely clear-cut in 2002. Vegetation within the clear-cut areas consists of early colonizers
such as common cattail, dog fennel, Polygonum, and Sci pus, while the undisturbed areas consist
of bald cypress, water tupelo, red maple, sweetbay, and Virginia chainfern. The mitigation plan
does not state how much of the 48.6 acres was clear-cut, so it is difficult"to know the overall
condition of the area. NCDOT does not propose to plant desirable tree species in the clear-cut
area for enhancement credit, and instead proposes to simply preserve the area.
Likewise, the 1.4-acre wetland is described as low quality, receiving a 39 out of 100 on
the North Carolina Division of Water Quality's (NCDWQ's) Wetland Rating Worksheet.
Vegetation consists of sweetgum, swamp red bay, sweetbay, and giant cane. NCDOT proposes
to simply preserve this area.
We recommend that NCDOT consider enhancing both wetland areas by planting more
desirable tree species. We note that in their current state, preservation credit should be minimal.
We particularly believe that the clear-cut areas should receive a ratio much higher than 10:1
because of their low quality.
In Section 5.3.4 (page 23), the plan states "installation of monitoring gauges is
recommended to aid in determining which portions of the Floodplain Zone will become wetlands
so that wetland mitigation credits can be obtained." EPA agrees with this recommendation, as
monitoring must be conducted in order to receive wetland credit for this area.
}
3
Thank you for the opportunity to comment on this project. If you have any questions or
comments, please contact Kathy Matthews at [phone].
Sincerely,
Ronald J.Wkulak, Chief
Wetlands Re2ulatorv Section
cc: US;~WS,-Raleigh
NCDWQ, Raleigh -
NCWRC, Creedmoor
NCDOT, Raleigh

1sTNFv?

C/Z 41eil GCO
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GOVERNOR
March 30, 2007
WBS Element: 33521.3.1 (B-4174)
Contract No.: C201600
F. A. No.: BRZ-1515 (3)
County: Lenoir
Description: Bridge over Moseley Creel: &i Approaches on SR 1515
LYNDO TIPPETT
SECRETARY
SUBJECT: PRECONSTRUCTION CONFERENCE & PERMIT MEETING
Mr. Richard Nickel
Carolina Bridge Company, Inc.
P. O. Box 515
Orangeburg, South Carolina 29116
Dear Mr. Nickel:
Per our conversation, the Preconstruction Conference and Permit Meeting for this project is being
scheduled for Monday, April 23, 2007 at 2:30 p.m. The Preconstruction Conference is contingent
upon the award of the project by the Board of Transportation. The conference will be held in the
Conference Room of the Wilson Division Office. Our office is located at 509 Ward Boulevard in
Wilson, N. C.
Please be prepared to present the following documents at this conference: progress schedule, letter
naming persons authorized to sign Supplemental Agreements, letter naming your Company EEO
Officer and Minority Liaison Officer, and letter naming Erosion and Sediment Control/Storm Water
Certined Supervisor, Certified Foreman and Certified Installer.
We look forward to meeting with you at the above time.
Cordi yours,
Wendi 0. Johnson, PE
Division Construction Engineer
WOJ/cbl
Post Office Box 3165, Wilson, North Carolina 27895-3165
Telephone [phone] Fax [phone]
Mr. Richard Nickel
" March 30, 2007
?., Page 2
c: Ron Lucas (FHWA)
Gary Jordan (US Fish & Wildlife)
Rob Ridings (NCDENR, Division of Water Quality)
Brian Wrenn (NCDENR, Division of Water Quality)
John Holley (NCDENR, Land Quality Section)
Travis Wilson (NCWRC)
David Cox (NCWRC)
Ron Sechler (National Marine Fisheries)
William Wescott (US Army Corps of Engineers)
Tony Grantham (Tri-County)
Richard McCarter (Embarq)
Nathan Barnhill (Sudden Link Communications)
ec: Cecil L. Jones, PE
Donald Pearson, EI, CPESC
Robert Simpson
Andy Brown, PE
Bobby Lewis, PE
Mike Robinson, PE
Andy Pridgen
Ron Hancock, PE
Albert Joyner
Eli Saleeby
Mike McKeel, PE
Ed Eatmon, PE
Keith Honeycutt, PE, PLS
Charles W. Brown, PE, PLS
Kevin Lacy, PE
Victor Barbour, PE
Ellis C. Powell, Jr., PE
Don G. Lee
Jimmy Marler
Jamie Guerrero
Warren Walker, PE
Haywood Daughtry, PE
John Williamson
Gary McLamb
K. J. Kim
D. R. Henderson, PE
Queen Crittendon
Greg Dixon
Preston Hunter, PE
Leonard White
Kenny Baines
(,J U
` .., O William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
?l v1 September
13, 2006
Dr. Greg Thorpe, Ph.D., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
w L_
Subject: Fifth. Modification to the 401 Water Quality Certification Pursuant to Section 401
of the Federal Clean Water Act with ADDITIONAL CONDITIONS for NC 16 from
North of SR 1386 in Lincoln County to North of SR 1895 in Catawba County,
Federal Aid Project No. STP-F-24-1(34), State Project No. 8.1830501, TIP R-2206C,
DWQ Project No. 04-1024
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3476 issued to The North Carolina Department of
Transportation (NCDOT) and dated September 21, 2004. This modification is applicable only to the
additional proposed activities. All authorized activities and conditions of the certification associated
with the original Water Quality Certification, dated May 11, 2004, and additional modifications dated
September 2, 2005, October 17, 2005, and August 31, 2006, still apply except where superceded by
this certification.
If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at (704) 663-
1699.
Sincerely, .
for Alan W. Klimek, P.E.
Director
Attachments
cc: Steve Lund, US Army Corps of Engineers Asheville Field Office
Trish Simon, Division 12 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Sonia Gregory, DWQ Central Regional Office
File Copy
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet h2o.enr.state.nc.us Mooresville, NC 28115
Phone [phone]
Fax [phone]
Noy` hCarolina
atura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl1 0% Post Consumer Paper
t1- 11 1
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Watex Act with ADDITIONAL CONDITIONS
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 Water Quality
(DWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 6.30
acres of jurisdictional Wetlands, 4.47 acres of surface waters, and 13,652.8 linear feet of jurisdictional
streams Lincoln and Catawba Counties. The project shall be constructed pursuant to the modification
received August 28, 2006. The authorized impacts are as described below:
Stream Imnacts in the Catawba River Basin
Site Permanent Fill Temporary Fill Permanent Fill in Temporary Fill in Total Stream Stream Impacts
in Intermittent in Intermittent' Perennial Stream Perennial Stream Impact Requiring
Stream (linear Stream (linear ft) (linear ft) (linear ft)' (linear ft) Mitigation
ft)` (linear ft)

Original approved impacts at --
Site 1 B 377.6 377.6 377.6
Original approved impacts at
Site 213 429.8 429.8 429.8
Original approved impacts at
Site 36 678.5 678.5 678.5
Original approved impacts at
Site 4B 834.3 834.3 834.3
Original approved impacts at
Site 66 355.3 355.3 0
Original approved impacts at
Site 7B 299.2 299.2 299.2
Original approved impacts at
Site 86 382.2 382.2 382.2
Original approved impacts at
Site9B 531.8 531.8 531.8
Original approved impacts at
Site 11B 563.3 563.3 0
Original approved impacts at
Site1213 660.7 660.7 660.7
Original approved impacts at
Site 13B 1,345.8 1,345.8 1,345.8
Original approved impacts at
Site 14B 209.3 209.30 209.3
Additional impacts at Site
14B approved 10/17105 75 75 75
Original approved impacts at
Site 1C (3 Stations) 1,685.9 1,685.9 1,685.9
Original approved impacts at
Site 2C 2 Stations 464.9 447.8 912.7 447.8
Original approved impacts at
Site 3C 145 145 0
Original approved impacts at
Site 4C 230.3 230.3 0
Original approved impacts at
Site 6C 571.8 571.8 0
Original approved impacts at
Site 7C 230 230 0
Original approved impacts at
Site 8C 51.5 51.5 0
Original approved impacts at
Site 9C 2 Stations 538.4 538.4 538.4
Additional impacts at Site
9C approved 09/02/05 32 32 32
Original approved impacts at
Site 10C 303.5 303.5 303.5
Original approved impacts at
Site 14C (2 Stations) 631.6 631.6 631.6
Original approved impacts at
Site 15C 917 917 917
Additional impacts at Site
15C approved 08131/06 90 90 90
Original approved impacts at
Site 16C 334.6 334.6 334.6

Original approved impacts at
Site 17C 2 Stations 100.7 100.7 0
Additional impacts at
Station 199+30 (Killian
Creek Bridge) approved 70 70 70
08/31/06
Additional impacts at
Station 256+70 (Reed
Creek Bridge) approved 65 65 65
08/31/06
Total 2,712.8 10,940 13,652.8 10,940
Total Stream Impact for Project: 13,625.8 linear feet
No additional stream impacts are authorized under this modification.
Wetland Impacts in the Catawba River Basin

Site Fill Fill Excavation Mechanize d and Area under Total Wetland
(ac) .. (temporary) (ac) Clearing Clearing `: Bridge Impact (ac)
°
ac ac ac ac
Original approved impacts at
Site 113 0.11 0.11
Original approved impacts at
Site 913 0.19 0.19
Original approved impacts at
Site 1013 2 Stations) 112 3.12
Original approved impacts at
Site 14B 0.10 0.10
Original approved impacts at
Site 3C 0.01 0.01
Original approved impacts at
Site 4C 0.01 0.01
Original approved impacts at
Site 10C 0.10 0.10
Original approved impacts at -
Site 11C 0.12 0.12
Original approved impacts at
Site 14C 2 Stations 0.66 0.66
Original approved impacts at
Site 15C 1.69 1.69
Original approved impacts at
Site 16C 010 0.10
Additional impacts at Station
20+00 (near Permit Site 17C)
approved 08/31/06 0.09 0.09
Total 6.30 6.30
Total Wetland Impact for Project: 6.30 acres
No additional wetland impacts are authorized under this modification.
Open Water Im acts in the Catawba River Basin
Site Permanent Fill in Open :
Waters ac) Temporary Fill in Open
Waters` ac Total Fill in Open
Waters ac)
Original approved impacts at Site 10B 3.27 3.27
Original approved impacts at Site 16C 1.2 1.2
Total 4.47 4.47
Total Open Water Impact for Project: 4.47acres
No additional open water impacts are authorized under this modification.
The application provides adequate assurance that the discharge of fill material into the waters and
wetlands of the Catawba River Basin in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your modified application
dated received August 28, 2006. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated September 21, 2004,-and additional modifications
dated September 2, 2005, October 17, 2005, and August 31, 2006, still apply except where
superceded by this certification. Should your project change, you are required to notify the DWQ and
submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If
any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one
acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply.
with all the conditions listed below. In addition, you should obtain all other federal, state or local
permits before proceeding with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
The proposed modification will result in abandoning the natural channel design proposed in the
original application and converting the area to a wetland mitigation area and allowing the stream to
create its own path through the wetland mitigation area. The permittee shall plant 680 stems/acre
Vegetation success shall be measured by survivability over a 5-year monitoring period. Survivability
will be based on 320 stems/acre after three (3) years and 260 stems after five (5) years. A survey of
vegetation during the growing season shall be conducted annually over the 5-year monitoring period
and submitted to the DWQ. If the surviving vegetation densities are below the required thresholds
after the 5-year monitoring period, the site may still be declared successful at the discretion of. and
with written approval from the DWQ.
2. The permittee shall comply with the on-site wetland mitigation/monitoring plan dated August 28,
2006, included in the permit modification request.
3. As-built plans must be submitted to DWQ within 60 days of completion of the project and should
include any changes in the plan. and/or planting scheme of the proposed design.
4. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and
maintenance of such BMP in order to protect surface water standards:
a. The design, installation, operation, and maintenance.of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the. North Carolina Sediment and Erosion Control Manual... The devices
shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. The reclamation measures and implementation of these measures must be in accordance
with the requirements of the Sedimentation Pollution Control Act.
5. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify the DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality upon completion of the project.
6. All other conditions written into the previous Water Quality Certification, dated September 21, 2004,
and additional modifications dated September 2, 2005, October 17, 2005, and August 28, 2006, for
the project still apply.
7. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any
state water quality standard [including any requirements for compliance with section 303(d) of the
Clean Water Act] and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions
are necessary to assure compliance, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance
with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the
USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404. Permit
for the project.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon the
expiration of the 404 Permit.
If this Certification is unacceptable to you, have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of
a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 13th day of September 2006
DIVISION OF WATER QUALITY

for Alan W. Klimek, P.E.
Director
WQC No. 3476

Certificate of Completion
DWQ Project No.
Applicant: _
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the. 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized'to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
County:
Signature: Registration No.: Date:

GF WA7FR
ay
?T? ?Sq p S ?EF,• Q(;?
RM?,q
Rav?y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 26, 2006
Haywood County
DWQ Project No. 060765
NCSR 1331 (Sutton Town Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 101 linear feet in
nine (9) unnamed tributaries to Cove Creek (101 linear feet of new pipe and temporary dewatering), in order to make
improvements to NCSR 1331 (Sutton Town Road) in Haywood County. The project should be constructed in accordance
with your application dated May 2, 2006 (received May 8, 2006) and additional information received June 26, 2006,
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S.
Army Corpss of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must acquire any other federal, state
or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This Water Quality Certification will expire with the accompanying
404 Permit issued by the US Army Corps of Engineers.
This approval is valid solely for the purpose and design descri bed in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, r
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
NoOe Carolina
Naturally
N rth C I
QQC?@
o aro ma LAvisiOn of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterquality.org (828) Customer Service
FAX [phone]
An Equal opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.

June 26, 2006
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48-inches, and 20 percent of the culvert. diameter
for culverts having a diameter less than 48-inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down stream
of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if
requested in writing by DWQ. If this condition is unable to be met due to bedrock. or other limiting features
encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing
activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate
seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
.season of October 15 through April 15 to, protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
7. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
8. For -projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS I or WS 11), stormwater shall be directed to vegetated buffer
areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
11. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
12. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
13. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement.
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
Mr. J. B. Setzer,.P.E.
June 26, 2006
Page Three
16. If concrete is used during construction (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
19. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bank stabilization work.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
21. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Fiel Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office

Page 1 of 1
Nicole Thomson
From: "R. C. Henegar PE" <[e-mail]>
"
"
To: <[e-mail]>
nikki thomson
Cc: "Chad D Hinnant" <[e-mail]>; " Chris Murray" <[e-mail]>
Sent: Wednesday, March 08, 2006 10:08 AM
Attach: U-2527 Drawings eml
Subject: [Fwd: U-2527 Drawings] ?y
Nikki:
Attached are PDF files depicting the redesign of the buffer
treatment for SITE 3. The files include Revised permit sheet 7
of 41, a portion of the plan sheet 7 showing the level spreader
removed and ditch weir added, detail of special ditch weir and
orifice, and calculations.
The design will replace the proposed level spreader with a design
that will retain the Q10 within the proposed roadway ditch and
release it over 2.7 days (see calculations) by utilizing a weir
and orifice. The weir is 6m long and will be set at an elevation
in the ditch that will retain the Q10. The orifice is 31.75mm
(1.25") in dia. and will be set at an elevation in the wall 0.15m
above the ditch invert. A debris basket will be placed over the
orif ice.
If you need additional information, please call.
Thanks,
Randy Henegar
31a, lay
3/17/2006

L-2527BASIN Rainfall Durafion=1,0 min, 1nten=5.90 in r
°repared by HydriaCAD SAMPLER 1-800-027-7246 ww.hydrocad.net
Fiy draCAD`-'7,00 stn 000,000 '? 986-201,13 App;ied Microcomputer Systems 2/2112006,
Pond 2P: U-2527 BASIN DESIGN AT STATION 23 + 70
[w3] Warmncg: Storage range exceeded by 0.07'
Inflow area -10.000 ac. Inflow Depth = 17.39"
Inflow - 23.80 cfs @ 0,03 hrs. Volume= 0.326 of
Outflow - 0.96 cfs @ 0,19 hrs, Volume= 0.010 af, Atten= 96. %, Laq= 9.8 min'
Primary 0.96 cfs ,'c 0.19 hrs, Volume= 0.810 of
Routing by Stdr-Ind method. Time Span= 0,00-2.00 hrs, €ft= 0.01 hrs
Peak E€ev=102.6$'' 0.19 hrs Surf.Area= 12.777 sf Storage= 14.152 of
Pluu-l=low detention time= 54 7 min calculated for 0.010 of (3% of inflow)
Center-of-Mass det. tirne = 49,9 min ( 55.7 - 5.3 r
n Invert Avail.Storage Sto :ac, Description
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Routing Invert Outlet Devices
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT , G r
Action ID. SAW-2007-677-082 County: Sampson USGS Quad: Ingold
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: NC Department of Transportation: Division of Highways
Address: Attn: Gregory J. Thorpe, Ph.D.
Protect Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone No.: 919-733-3141
Size and location of property (water body, road name/number, town, etc.): The project area (TIP No. B-1381) is Bridge
No. 14 over the Black River on NC Highway 411, in the community of Clear Run, in Sampson County, North
Carolina. (34.7545N, 78.2892W).
Description of projects area and activity: On-site replacement of existing bridge with a new 4-span bridge
approximately 204 feet in length and 37 feet in width. Discharge of fill material into 31.45 square feet of
iursidictional waters Black River), for the purpose of installing two in-water bents.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
Z Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 23
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation _ofthe attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence, this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP:
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Frye at 910-251-4923.
Corps Regulatory Official Date: 2/28/2007
Expiration Date of Verification: 03/18/2007
Page 1 of 8
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis for Determination
This proiect area includes the Black River, a Navigable Water of the United States and is a tributary to the Cape Fear River.
This determination is based on information submitted by NCDOT.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.q=.mil/WETLANDS/index.htm] to
complete the survey online.
Copy Furnished:
Mr. Mason Herndon, DOT Division Office, Highway Division 3,124 Division Drive, Wilmington, NC 28401
Ms. Veronica Barnes, NCDOT, PDEA, 1598 Mail Service Center, Raleigh, NC 27699-1598
ennessy, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Parkview Building, Raleigh, NC 27604
Page 2 of 8
) Action ID Number: SAW-2007-677-082
Permittee: NC Department of Transportation: Division of Highways
Mr. Gregory J. Thorpe, Ph.D.
Project Development and Environmental Analysis
Project: TIP No. B-1381
Date Permit Issued: 2/28/2007
Project Manager: Jennifer Frye
County:Sampson
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 8

Applicant: NCDOT: Division of Highways File Number: SAW-2007-677- Date: 2/28/2007
082
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Page 7 of 8
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for fir ther instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

'e
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REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
)IN T.(?F C f-fii I S 1IONS° OR -INFORM
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
USACE, WILMINGTON DISTRICT Mr. Michael F. Bell, Administrative Appeal Review Officer
PO BOX 1890 CESAD-ET-CO-R
WILMINGTON
NC 28402 U.S. Army Corps of Engineers, South Atlantic Division
, 60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You.
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8
Pate #ofI/
? DWQ No. 04 12-4q
DWQ'Project No.•County:
Applicant: K CPO- -D1V 5
Project Name: sk? 154? S ?
Date of Issuance of 401 Water Qualityp O ?/
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, T. A/. Sowryari , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: 0 . ? ?.., Date: / O7
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
1, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
'11*?
f
IN REPLY REFER TO
Regulatory Division
. DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
C) g63EF
Oct
ober 4, 2006
Subject: Action ID No. SAW-2006-40635-148 and Nationwide Permit No. 14 e'?y
Mr. Anthony Roper, Division Engineer
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Dear Mr. Roper:
Reference your application of August 28, 2006, for Department of the Army (DA)
authorization to discharge fill material within waters of the United States, impacting a total of
0.101 acres of wetlands and 12 linear feet of unimportant intermittent stream to upgrade NCSR
1109 (Marsh Road) from a gravel surface road to a paved surface roadway.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal
Regulations (CFR), Part 330.6, the March 9, 2000, Federal Register, Final Notice of Issuance,
Reissuance, and Modification of Nationwide Permits (65 FR 12818), lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of
the Clean Water Act, was provided by Nationwide Permit #14 for fills for linear transportation
crossings of waters of the United States (including wetlands and other special aquatic sites).
Review of this project indicates that the improvements to the roadway will adversely impact
0.013 acres of Coastal Marsh riparian wetlands, 0.088 acres of Pine Flat non-riparian wetlands
and 12 linear feet of modified unimportant intermittent stream channel.
Your work is authorized under Nationwide Permit 14, provided it is accomplished in strict
accordance with the enclosed Nationwide Permit Conditions and the following special
conditions:
a. The unavoidable impacts to 0.013 acres of Coastal riparian wetlands and 0.088 acres of
non-riparian Pine Flat wetlands associated with this project shall be mitigated by NCDOT by
providing 0.026 acres of restoration equivalent Coastal Marsh riparian wetlands, and 0.176 acres
of restoration equivalent non-riparian wetlands in the Tar-Pamlico River basin (Hydrologic
Cataloging Unit 03020105). For wetlands, a minimum of 1:1 (impact to mitigation) must be in
the form of wetland restoration. NCDOT shall provide a plan to the USACE for addressing this
mitigation requirement by November 3, 2006. It is recommended that NCDOT provide this
i
mitigation in accordance with the procedures suggested in ourletter -dated, September 13, 2004
from Mr. Ken Jolly to Dr. Gregory J. Thorpe.
b. The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands are not authorized.
c. All excavated materials will be confined above normal high water and landward of
regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent
spillover of solids into any wetlands or surrounding waters.
d. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic` materials, or unsightly debris will not be used.
e. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or any activities that cause
the degradation of waters or wetlands, except as authorized by this permit, or any modification to
this permit. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. There shall be no
excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands
associated with this permit without appropriate modification of this permit, including appropriate
compensatory mitigation. This prohibition applies to all borrow and fill activities connected with
this project.
f. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee
shall require its contractors and/or agents to identify all areas to be used to borrow material, or to
dispose of dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites as soon as the
permittee has that information. The permittee will coordinate with the USACE before approving
any borrow or waste sites that are within 400 feet of any streams or wetlands... The permittee
shall ensure that all such areas comply with condition (e) of this permit, and shall require and
maintain documentation of the location and characteristics of all borrow and disposal sites
associated with this project. This information will include data regarding soils, vegetation and
hydrology sufficient to clearly demonstrate compliance with the preceding condition (e). All
information will be available to the USACE upon request. NCDOT shall require its contractors
to complete and execute reclamation plans for each waste and borrow site and provide written
documentation that the reclamation plans have been implemented and all work is completed.
This documentation will be provided to the Corps of Engineers within 30 days of the completion
of the reclamation work.
i
g. The permittee. shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions and any Corps
approved modifications shall be available at the project site during construction and maintenance
of this project.
h. Any violation of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District,
U.S. Army Corps of Engineers, within 24 hours of the violation.
i. Failure to institute and carry out the details of special conditions a. - h., above, may result
in a directive to cease all ongoing and permitted work within waters and/or wetlands associated
with this project, or such other remedy as the District Engineer or his authorized representatives
may seek.
This nationwide permit does not relieve you of the responsibility to obtain any required State
or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All of
the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007.
It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit.
If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until March 18, 2007, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's
authorization under any NWP.
Thank you for your time and cooperation. If you have any questions, you may contact me
at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina,
27889, or telephone [phone], extension 26.
Sincerely,
---wswo 6A4,04
William J. Biddlecome
Project Manager

Enclosures
Copies Furnished (without enclosures)
Mr. Brian Wrenn
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. William D. Gilmore, P.E.
EEP Director
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Ms.. Cathy Brittingham
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, NC 27909
4
?Z je? C-) S
DWQ Project No: 05-0191
Applicant: NCDOT - Division 3
Project Name: NC Moving Ahead #03018R - Widening of NC 211
County: Brunswick
Date of Issuance of 401 Water Quality Certification: February 14, 2005
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent
modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, H. Allen Pope , hereby state that to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the
401 Water Quality Certificatioiyanj Buffer pules, the approved plans and specifications, ano other supporting materials.
Signature: /T Date: 711710
Agent's Certification
I, Mason Herndon , hereby state that to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the
401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature zei-?-- Date: ! Y7 0 -7
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permiee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Registration No.
Date:
F NAIF C>t?? ?
Q 9 Michael F. Easley, Governor
C? Q William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
_ C r,5,We,1,C > Al an W. Klimek, P.E. Director
4 °C ?
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 30, 2007
CERTIFIED MAIL #7006-0810-0002-6048-1313 RETURN RECEIPT REQUESTED
Mr. Russ Overton, PEA
Senior Engineer
Town of Cary, Engineering Dept.
Q
318 North Academy Street
Cary, NC 27513
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2007-PC-0323
Town of Cary
Chapel Hill Rd/ NC 54 Widening
DWQ Project No. 20040479
Stream Standards Violations (Other Waste)
Neuse Buffer Violations (Diffuse Flow)
401 WQC Condition Violations
Construction Stormwater Permit (NCGO10000)
Wake County
Dear Mr. Overton:
On February 16, 2007, Rob Ridings of the Transportation Permitting Unit and Niki Maher of the
Non-point Source Assistance and Compliance Oversight Unit (NPSACOU) of the Division of
Water Quality (DWQ) conducted a site visit of the Chapel Hill Road/ NC Highway 54 widening
project near the intersection of Maynard Road in Cary in Wake County. Karen Higgins, also of
the NPSACOU accompanied Ms. Maher on a return visit to the site on February 26, 2007, and
Chad Coburn of the DWQ Raleigh Regional Office was present on a March 22, 2007, site visit.
Town of Cary project personnel were not present on site during each of the first two visits.
However, Mr. Coburn spoke with Ward Drewery of Rea Contracting LLC +during the March 22
visit.
Within this project are unnamed tributaries (UTs) to Reedy Creek, class C, NSW waters of the
Neuse basin. During the site visits, investigators took photographs and made observations of
unauthorized impacts to jurisdictional streams and riparian buffers.
N'p,?0Carolina
IZA(IndlY
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwateMuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opporlunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2 of 2
Town of Cary
Wake County
DWQ staff observed sediment entering a UT to Reedy Creek (UT 1, the tributary that parallels
NC 54-- see map below for general orientation and station and stream designations) at multiple
locations in the vicinity of Station 38+. Sediment was observed in the stream extending
approximately 400 linear feet and ranging from one to three inches in depth. Sediment trails were
observed extending through the buffer at each of these entry points as well.
An unauthorized instream basin had been installed in UT 1 just upstream of the confluence of
another UT to Reedy Creek (UT 2 flows through a culvert under NC 54). Waters downstream of
the confluence appeared turbid before entering the culvert, and accumulations of sediment and
filter stone were observed in UT 2 downstream of the culvert outlet.
Inlet protection at the culvert at Station 35+ on UT 2 extended beyond that depicted on the plan.
Rip-rap was observed on the banks and in the stream reaching approximately 30 feet upstream of
the culvert.
On the west bank of the UT 2 at Station 34+, a concentrated sediment trail extended through the
buffer to the stream. This trail of sediment was observed extending from measures at Station
34+; stormwater outfalls, exiting a basin at the emergency spillway, and skirting/ bypassing a silt
fence structure. Also observed in this area was a rill extending from a failing portion of silt fence
high on the slope to the basin below.
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Page 3 of 3
Town of Cary
Wake County
At station 20+, impacts beyond those that were permitted were observed. A silt fence had been
installed across the stream, and riprap at the outlet of the culvert extended approximately 25 feet.
A silt fence had also been installed paralleled to UT 3. At multiple locations deposits of sediment
and filter stone were observed extending through the buffer and to the stream through breaches in
the silt fence running parallel to the stream. A stormwater outfall at this location is also of
concern, as evidence of concentrated flow was observed exiting this structure and contributing to
buffer and stream impacts.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
(1) Stream Standards (Other Waste)
(2) Neuse River Riparian Buffer (Diffuse Flow)
(3) 401 Water Quality Certification Condition
(4) General Construction Stormwater Permit NCGO10000
Item I. Stream Standards (Other Waste)
Sediment accumulations ranging from approximately one to three inches deep and reaching up to
6 inches deep in places along approximately 400 linear feet of the UT to Reedy Creek represents
violations of 15A NCAC 02B .0211 (3)f, which states:
Oils; deleterious substances; colored or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation or to aquatic life and
wildlife or adversely affect the palatability offish, aesthetic quality or impair the waters
for any designated uses;
Item II. Neuse Buffer (Diffuse Flow)
Accumulations of sediment through the riparian buffer indicating concentrated flow into three un-
named tributaries to Reedy Creek represents violations of 15A NCAC 02B .0233 (5), which
states:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation.
Item 111. 401 Water Ouality Certification Conditions
The Town of Cary submitted a Pre-Construction Notification (PCN) received by DWQ on March
29, 2004. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit
14, and the corresponding General Water Quality Certifications. DWQ issued an approval letter
for the impacts on July 16, 2004.
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certifications, as well as additional conditions listed in the letter. Site-specific
conditions attached to the 401 certification for this project, state the following:
2.) Placement of culverts and other structures in waters, streams, and wetlands must
be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic
life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and downstream of the above
Page 4 of 4
Town of Cary
Wake County
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
3.) All stormwater runoff shall be directed to sheet flow through stream buffers at non-
erosive velocities, unless otherwise approved by this certification.
8.) Any riprap used must not interfere with thalweg performance and aquatic life passage
during low flow conditions.
11.) The outside buffer, wetland, or water boundary as well as along the construction
corridor within these boundaries approved under this authorization shall be clearly
marked by orange fabric fencing for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.
13.) Pursuant to NCAC15A 2B.0233(6), sediment and erosion control devices shall not be
placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this
time, the NCDWQ has approved no sediment and erosion control devices in Zone 1
outside the identified impacts presented in your application. Sediment and erosion
control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
Item IV. General Construction Stormwater Permit NCG010000
A Construction Stormwater General Permit (NCGO10000) is issued upon the approval of an
Erosion and Sedimentation Control Plan. This permit applies to projects that receive a Division
of Land Resources (DLR) Erosion and Sedimentation Control Plan for land disturbance of 1 acre
or greater. Specifically, the General Permit (NCG010000) authorizes the discharge of stormwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with 15A
NCAC 211.0100.
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan
was not available for review.
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on the site at the time of inspection.
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not recorded and available for review
4) Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were not
recorded and available for review.
Required Response
You are required to respond to this letter in writing within 30 days of receipt of this Notice. Your
response should be sent to both the Raleigh Regional Office at the letterhead address and to the
attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
Page 5 of 5
Town of Cary
Wake County
1. Please explain why these impacts occurred without prior authorization.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation
should describe and quantify the impacts to those jurisdictional features, and should include
plans to avoid further stream and wetland impacts on the site.
3. Please submit the following documents for review and approval:
a. Stream Restoration Plan -
i. Sediment impacts to the streams onsite and downstream of the site must be
removed. As a part of this plan, you should provide the amount (depth) of
material that has been deposited in the floodplain, stream and any wetlands.
This information should be depicted on a map you provide. It is
recommended that you use hand labor (buckets, shovels and wheelbarrows)
to remove deposited sediment from the stream channel. The sediment should
be removed from the channel, taken to high ground away from the stream
channel and stabilized. Also, the plan must address the measures that will be
used for temporary stabilization/sediment control while this work is under
way.
ii. Stream segments impacted by unauthorized rip-rap/stone armoring at culvert
inlets/ outlets, instream basins, and silt fence across streams must be restored.
Please provide a plan detailing activities necessary to remove the
unauthorized structures and restore the pattern, profile and dimension of the
impacted stream. The stream bottom and shoreline must be restored to the
original profile, the stream banks must be stabilized, and any fill material
must be removed from the riparian zone. Also, the plan must address the
measures that will be used for temporary stabilization/ sediment control, and
describe how further impacts to waters or additional violations of water
quality standards will be avoided while this work is under way.
b. Diffuse Flow Restoration Plan - The current stormwater outfall system is failing to
successfully diffuse runoff from the site to and through the buffer. Please include
detail in your plans to remedy these situations such that runoff may be directed to
sheet flow to and through stream buffers and full compliance with Neuse River
riparian buffer regulations may occur. Additionally, any fill material must be
removed from the riparian buffer (by hand, with shovels and buckets, such that there
are no additional impacts to vegetation during the removal).
c. Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s)
of permit required. Depending on the type of permits USACOE requires, application
for a 401 Water Quality Certification to DWQ will also be required. Please note that
sediment impacts to streams cannot be permitted.
d. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished, and if you plan to seek a permit for the impacts that
can be permitted, when an application will be submitted.
You are encouraged to secure a consultant to assist you with your plan development, permit,
certification and authorization necessary to achieve compliance.
4. It is required that you contact the Division of Land Resources and the U.S. Army Corps of
Engineers. These contacts are necessary to ensure that your restoration efforts are in
Page 6 of 6
Town of Cary
Wake County
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water
Act.
5. Provide a copy of all rain gauge data collected from the date of the approved Erosion and
Sediment Control Plan up to the date of your response. If you do not have data, explain why.
6. Provide a copy of all inspection records from the date of the approved Erosion and Sediment
Control Plan up to the date of your response. If you do not have records, explain why.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chad Coburn or myself at (919)
791-4200 or Niki Maher at [phone].
Sincerely,
41
Charles Wakild, P.E.
Surface Water Protection Section
Raleigh Regional Supervisor
cc: Niki Maher - NPS Assistance and Compliance Oversight Unit
Cyndi Karoly - DWQ Wetlands 401 Unit
Karen Pageau - Division of Land Resources, Raleigh Regional Office
Chris.Murray - NCDOT Division 5 DEO
Raleigh Regional Office File Copy
DWQ Central Files
t
O?Ok wAT X19
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL: Return receipt requested
Mr. Mark Seelinger, PWS
The Louis Berger Group
1513 Walnut Street, Suite 250
Cary, North Carolina, 27511
Dear Mr. Seelinger:
June 20, 2002
f ?) C)
Re: Louis Berger Wetland Bank: Second Creek and Homestead Sites, Rowan County, North Carolina.
DWQ Project No. 020492.
The NC Division of Water Quality has reviewed your submittal for a §401 Water Quality Certification for
the aforementioned project. DWQ understands that the Homestead Site is comprised of 12.8 acres of
Wehadkee soils and 22.2 acres of Chewacla loam soils, while the Second Creek Site contains 1.8 acres of
wet variant Chewacla soils and 45.6 acres of Chewacla loam soil. The Division of Water Quality has the
following concerns:
Second Creek Site
¦ DWQ has reservations about the ability to restore 40.1 acres of riparian wetlands given the extent of
Chewacla soils on the site. It appears to be wetland creation rather than restoration. Further soil
analysis of the site is needed if you want restoration credit rather than creation credit for the site.
¦ Will it be feasible to obtain both sides of the creek?
¦ Where was the location of the historical channel?
Is stream restoration possible utilizing the smaller channel in center of site?
¦ What are the ground elevations at the monitoring wells?
¦ Please provide information on the water balance on the site.
¦ What is the proposed credit balance?
¦ What are you proposing for the reference wetland?
¦ What are the proposed plantings based on?
¦ What is the proposed management of off-site (i.e., upslope) water?
¦ DWQ believes that serious consideration should be given to restoring Second Creek to its historical
channel in order to obtain stream restoration credit.
Homestead Site
¦ DWQ has reservations about the ability to restore 29 acres of riparian wetlands given the extent of
Chewacla soils on the site. Further soil analysis is necessary in order to be considered for restoration
credit rather than creation credit for the site.
¦ Will it be possible to expand the site in order to do stream restoration on the tributaries?
¦ Please provide information on the water balance of the site, since there is no flooding from Third
Creek.
¦ DWQ recommends stream restoration on the "ditches" on the site; staff believe that they are relict
stream channels.
¦ Please provide a reference wetland for this site.
¦ What are the proposed plantings based on?
?rry
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Pursuant to 15A NCAC 2H.0507(a)(3), we will have to place the permit application on hold pending
further discussion with the Mitigation Bank Review Team and any additional information you wish to
supply concerning this proposed wetland bank. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact Cynthia F. Van Der Wiele at 919.733.5715.
Sincerely,
John R. Domey
Water Quality Certification Program
pc: Eric Alsmeyer, USACE Raleigh Field Office
Michael Parker, NCDWQ Mooresville Regional Office
Central Files
File Copy