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_ -= N.C. DEPT. OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
Environmental. Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: Co -I V U ' L FAX -NUMBER:
PLEASE DELIVER Voice:
FROM:
PHONE:
INTO. OF PAGES ENCLU-DING THIS SHEET:
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 30, 1995
Mr. Barney O'Quinn
Planning and Environmental Branch
NC DOT
P. O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed CBD Loop, after-the-fact application
Project # 941016, TIP # U-0508CA & CB
State Project No. 8.2440501
Cumberland County
FILE Copy
Attached hereto is a copy of Certification No. 2999 issued to N. C. Department of
Transportation dated 30 May 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincer y,
eston Howard, Jr. P
Attachments
2999.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Scott Yates; Fayetteville Observer Times
A4
? t-iop
?EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An =qual Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Cumberland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N. C. Department of
Transportation resulting in 15.74 acres of wetland impact in Cumberland County pursuant to an
application filed on the 27th day of October, of 1994 to seek after-the-fact approval of fill to complete
the CBD Loop in Fayetteville.
The Application provides adequate assurance that the discharge of fill material into the waters
of Cape Fear River in conjunction with the proposed development in Cumberland County will not
result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction related
discharge (50 NTUs in streams and rivers not designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
2. A stormwater pond shall be constructed by DOT to handle local runoff as
described. in the 11 May 1995 letter.
Compensatory mitigation for this project shall be done at the Bull Farm
mitigation site. DEM shall be copied on all as-built and monitoring reports.
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
.?.r expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, 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. Unless
such demands are made, this Certification shall be final and binding.
This the 30th day of May, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Jr. . . WQC# 2999
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director.
November 3, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
F n ? U? l5_? V s
NOV 1 71994
?.

The attached U. S. Army Corps of Engineers Public Notice for Action No. 199202767 dated
October 27, 1994 describing a proposed project by NC DOT (after the fact) has been circulated
to interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 14, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal:
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date T-A fl A S
IVA
[D EHNF1
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 Cr% post-consumer paper
PERMIT HISTORY
CENTRAL BUSINESS DISTRICT (CBD) LOOP
FAYETTEVILLE, N.C.
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
March 14, 1996
The N.C. Department of Transportation (DOT) applied for an
individual permit to fill 14.44 acres of (mostly) bottomland
hardwood forest wetlands on 6 July 1992. Mitigation was proposed
on a 2:1 acre basis. The Division of Environmental Management
(DEM) issued the 401 Certification on 30 July 1992. DEM
turnaround was rapid due to preapplication meetings with DOT and
DEM staff. A revised Certification was issued on 10 December
1992 after the Corps of Engineers (COE) and DOT revised the
wetland acreage to be affected.
On 28 October 1994, DOT applied for an after-the-fact permit
to retain fill in an additional 15.74 acres of wetlands in the
adjacent segment of the CBD Loop. These wetlands had been filled
without a permit. DEM performed a site visit on 22 November 1994
with DOT.
DEM had three major concerns about the project which were
transmitted-to DOT on 29 November 1994. The first concern
involved the significant uses that the wetlands had been
performing. Stormwater pollutants from an existing junk yard was
being filtered by the wetlands that DOT had filled. The surface
water from the junk yard and other development had been directed
to a rip rapped ditch and then into a large canal. DEM requested
that stormwater be routed into an adjacent area to replace some
of the functions that the wetland had been performing.
The second DEM concern was secondary development from an
access road. This road was constructed to provide access to the
junk yard and other wetland properties. DEM believed that
purchase of these properties could have provided partial
mitigation for the unavoidable wetland fill.
On-site restoration of the Wilkes Road site was the third
issue of concern. DEM requested that DOT commit to replanting
the site after the fill is removed and well as engineering a
ditch to prevent the draining of adjacent wetlands.
DOT responded to our concerns on 3 February 1995 (received
14 February 1995)• Since DOT had completed construction, they
considered diverting stormwater into the area impracticable. DOT
considered the secondary wetland impacts to be subject to the 404
permitting process independent of the road. DOT stated that a
feasibility study had determined the purchase of the properties
served by the access road to cost approximately $200,000 more
than constructing the road. DOT agreed to perform all the

requests at the Wilkes Road site. Since all of the concerns had
not been adequately addressed, DEM requested a meeting with DOT.
A meeting between DEM and DOT was held on 17 March 1995.
DEM presented DOT with two options regarding the stormwater
issue. DEM also stated that the lateral ditches would be draining
adjacent wetlands and therefore DOT needed to quantify these
additional impacts. These concerns were sent to DOT in writing
on 17 March 1995.
DOT agreed to design a stormwater pond in as letter dated 15
May 1995. A final proposal for compensatory wetland mitigation
was received on 26 May 1995. Since all of our concerns had been
addressed, a 401 Certification was issued on 30 May 1995 which
included conditions for mitigation and a stormwater pond to
protect downstream water quality.
cbd.his
:F
N.. C. DEPARTMENT OF TAANSPO'RTATION
DAT'
TRANSMITTAL SLIP
O: REP-A;" ,OR R M, BLDG.
i
FROM - RE?,. NO."OR ROO BLDG.
ACTION
F
? NOTE AND FILE ? PER OUR>CONVERSAT ION -
? NOTE, AND RETURN TOME ? PER YOUR-REQUEST
? RETURN WITH MORE DETAILS -?FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ?. FOR YOUR INFORMATION
? PLEASE ANSWER
?. F.OR YOUR COMMENTS
? PREPARE REPLY FORMY SIGNATURE ?.S GNATURE
?TAKE APPROPRIATE' ACTION - ? I NVEST/GATE ?AND'REPORT
COMMENTS:. --'?
Vic
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RECEIVED
19
95,
WTAL SCIENCES
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STATE OF NORTH CAROLINA
DEPARTMENT OF TE ANSPORTATION
JAMES B. HUNT JR R. SAMUEL HUNT III
GowmoR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
May 22, 1995
District Engineer
U. S. Army Corps of Engineers
P.O. Box 1890 -
Wilmington, NC 28402-1890
ATTENTION: Regulatory Branch
Dear Sir:
SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application
for wetland fill, TIP No. U-0508CA & CB, State Project No. 8.2440501,
COE Action ID. No. 199202767, DEM No. 92359.
Y
The North Carolina Department of Transportation (NCDOT) applied on
October 19, 1994 for after-the-fact Department of the Army authorization to place fill in
wetlands to allow completion of the CBD Loop in Fayetteville. As you are aware, there
has been a great deal of coordination for this permit modification. Most recently, the N.C.
Division of Environmental Management has requested additional information concerning
on-site mitigation opportunities.
NCDOT personnel investigated the vicinity of the project for potential mitigation
areas. In general, the area of this project contains development or existing forest. North
and east of the interchange, the area has been developed by several businesses. In the
southeast quadrant, wetlands have been eliminated to the canal bank. On the opposite
bank, any wetlands which may have existed were filled by commercial development. The
southwest quadrant is the only area near the interchange which is not predominately
developed.
This quadrant contains the proposed service road and the existing junkyard. The
remainder of this quadrant consists of mature wetland and upland forest. This canopy
extends south about 1,200 feet and west slightly more. An investigation of this area
revealed that most of this forest appears to be wetland. Consequently, any mitigation in
this area would consist of preservation.

l
Based on this investigation, the NCDOT decided that there were no reasonable
and feasible on-site mitigation opportunities for this section of the project. Consequently,
the NCDOT has proposed using the Bull Farm Mitigation Site for this project. The
mitigation plan for this site has already been submitted for review. Please continue to
review the proposal for authorization under Section 404. If you need any additional
information, please contact me or Mr. Gordon Cashin at [phone] extension 315.
Sincere ,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
GEC/plr
Attachments
cc: Mr. Scott McClendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. N. L. Graf, FHWA, Attn.: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch.
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer -
Jr-
.fe
s
STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT JR R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRUARY
May 22, 1995
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Regulatory Branch
Dear Sir:
SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application
for wetland fill, TIP No. U-0508CA & CB, State Project No. 8.2440501,
COE Action ID. No. 199202767, DEM No. 92359.
V
The North Carolina Department of Transportation (NCDOT) applied on
October 19, 1994 for after-the-fact Department of the Army authorization to place fill in
wetlands to allow completion of the CBD Loop in Fayetteville. As you are aware, there
has been a great deal of coordination for this permit modification. Most recently, the N.C.
Division of Environmental Management has requested additional information concerning
on-site mitigation opportunities.
NCDOT personnel investigated the vicinity of the project for potential mitigation
areas. In general, the area of this project contains development or existing forest. North
and east of the interchange, the area has been developed by several businesses. In the
southeast quadrant, wetlands have been eliminated to the canal bank. On the opposite
bank, any wetlands which may have existed were filled by commercial development. The
southwest quadrant is the only area near the interchange which is not predominately
developed.
This quadrant contains the proposed service road and the existing junkyard. The
remainder of this quadrant consists of mature wetland and upland forest. This canopy
extends south about 1,200 feet and west slightly more. An investigation of this area
revealed that most of this forest appears to be wetland. Consequently, any mitigation in
this area would consist of preservation.
G)
_.-
2
Based on this investigation, the NCDOT decided that there were no reasonable
and feasible on-site mitigation opportunities for this section of the project. Consequently,
the NCDOT has proposed using the Bull Farm Mitigation Site for this project. The
mitigation plan for this site has already been submitted for review. Please continue to
review the proposal for authorization under Section 404. If you need any additional
information, please contact me or Mr. Gordon Cashin at [phone] extension 315.
Sincere ,
Ile,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
GEC/plr
Attachments
cc: Mr. Scott McClendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. N. L. Graf, FHWA, Attn.: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch.
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer

`
N. C. DEPARTMENT
OF TRANSPORTATION

TRANSMITTAL SLIP t,DATE
Y

T '^ REF. NO. R ROOM. BLDG.

FROMI 4 REF: NO. OR ROOM, BLDG.'-
C'.
ACTION «
? NOTE AND FILE - ? PERiO,UR CONVERSATION:
? NOTE AND RETURN TO ME `?
PER'YOUR REQUEST
,
?. ? RETURN WITH MORE DETAILS" El3 FOR .YOUR APPROVAL
•? NOTE AND. SEE ME ABOUT THIS ", l
?? FOR ;YOUR INFORMATION
? PLEASE ANSWER ?. FOR YOUR COMMENTS
14-
[I PREPARE REPLY FOR MY SIGNATURE ??'i? SIGNATURE
? TAKE APPROPRIATE ACTION ?
INVESTIGATE AND REPORT
l
,
COMMENTS:
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,,
.. -- -.

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
May 15, 1995
District Engineer
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Regulatory Branch
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application
for wetland fill, TIP No. U-0508CA & CB, State Project No. 8.2440501,
Y COE Action ID. No. 199202767, DEM No. 92359.
Reference is made to your letter of April 4, 1995 regarding our after-the-fact
permit application for the Fayetteville CBD Loop project. The letter requested three
specific items of information to complete the application:
a. Location of all properties to be accessed by the service road.
b. Documentation that the alignment chosen for the service road is the least
damaging practical alternative.
c. Documentation that no options exist for on-site mitigation.
A map showing the right-of-way limits and adjacent property owners has been submitted
to Mr. Scott McClendon of your Wilmington office for his review, in response to the first
request.
A site visit was made on April 27, 1995 by representatives of the NCDOT and the
N.C. Division of Environmental Management (DEM). During this site visit, NCDOT
biologists examined the areas adjacent to the service road and junkyard. They observed
that these areas are predominately jurisdictional wetlands with intact vegetative
communities and mature canopy trees. Based on this finding, it is apparent that shifting
alignment of the service road would not minimize wetland impacts. In fact, wetland
impacts would increase since more wetland forest would be cleared for a new alignment.
9
t .. :W,
The mitigation potential for adjacent areas was also considered. Most of the
surrounding area consists of intact wetland systems. Consequently, on-site mitigation
would be primarily limited to preservation. In general, this type of mitigation has only
been viable as part of a larger plan which included wetland restoration, creation or
enhancement. It is the NCDOT's position that on-site mitigation options are not available.
The NCDOT has been coordinating with the DEM to design a stormwater
retention pond near the interchange. This pond should help to address the DEM's water
quality concerns. A final copy of this pond design will be forwarded to your agency when
it is approved by the DEM.
It is the NCDOT's position that the project as proposed represents the least-
damaging, most practicable alternative for this project. Please continue to review the
proposal for authorization under Section 404. If you need any additional information,
please contact me or Mr. Gordon Cashin at [phone] extension 315.
Sincer ,
1
H. ranklin Vick, PE, Manager
Planning and Environmental Branch
HFV/gec
cc: Mr. Scott McClendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. N. L. Graf, FHWA, attn: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer
.. > ? eo•4AiEo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
May 15, 1995
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Regulatory Branch
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application "
for wetland fill, TIP No. U-0508CA & CB, State.Project No. 8.2440501,
COE Action ID. No. 199202767, DEM No. 92359.
Reference is made to your letter of April 4, 1995 regarding our after-the-fact
permit application for the Fayetteville CBD Loop project. The letter requested three
specific items of information to complete the application:
a. Location of all properties to be accessed by the service road.
b. Documentation that the alignment chosen for the service road is the least
damaging practical alternative.
c. Documentation that no options exist for on-site mitigation.
A map showing the right-of-way limits and adjacent property owners has been submitted
to Mr. Scott McClendon of your Wilmington office for his review, in response to the first
request.
A site visit was made on April 27, 1995 by representatives of the NCDOT and the
N.C. Division of Environmental Management (DEM). During this site visit, NCDOT
biologists examined the areas adjacent to the service road and junkyard. They observed
that these areas are predominately jurisdictional wetlands with intact vegetative
communities and mature canopy trees. Based on this finding, it is apparent that shifting
alignment of the service road would not minimize wetland impacts. In fact, wetland
impacts would increase since more wetland forest would be cleared for a new alignment.
34%-11

..
The mitigation potential for adjacent areas was also considered. Most of the
surrounding area consists of intact wetland systems. Consequently, on-site mitigation
would be primarily limited to preservation. In general, this type of mitigation has only
been viable as part of a larger plan which included wetland restoration, creation or
enhancement. It is the NCDOT's position that on-site mitigation options are not available.
The NCDOT has been coordinating with the DEM to design a stormwater
retention pond near the interchange. This pond should help to address the DEM's water
quality concerns. A final copy of this pond design will be forwarded to your agency when
it is approved by the DEM.
It is the NCDOT's position that the project as proposed represents the least-
damaging, most practicable alternative for this project. Please continue to review the
proposal for authorization under Section 404. If you need any additional information,
please contact me or Mr. Gordon Cashin at [phone] extension 315.
Sincer ,
H. ranklin Vick, PE, Manager
Planning and Environmental Branch
HFVlgec
cc: Mr. Scott McClendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. N. L. Graf, FHWA, attn: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer

STATE OF NORTH C#a0L! NA
DEPARTMENT of TkkNSP RTATION R.. SAMM HUNT [Li
JAMES B. HUNT. JR. [MVISION OF HIGHWAYf $tCREThftY
CQVEO.t4o Po. BOX' 5201. RALEIGH, M1.C. 27611-5201
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May 16, 1995
MEMORANDUM
To: John Dorney
From: Eric Galamb
Subject: Fayetteville CDB Loop ATF Permit Application
DEM # 941016
I talked to Scot Thomas today. He said that according to
DOT, the stormwater pond is in a wetland area. I believe that
this location is a wetland. Scot said that the 6000 square ft.
pond is adequately sized and will protect water quality. Scot
also informed me that DOT should vegetate the swale that is
downstream of the stormwater pond and drains into the canal. DOT
is aware of Scot's requirement. They did not object.
The pond is not located in the most favorable location. I
attempted to have DOT install the pond on the other side of the
road, near the canal. This location is not a wetland according
to Hal Bain. However, I do believe that the pond will protect
water quality and therefore recommend that we issue the 401
Certification with the following conditions:
A) A 6000 square foot wet detention pond will be installed
adjacent to Ramp D and the 24 inch RCP drainage structure. A
fence will be installed around the entire basin with a gate.
B) The ditch at the outlet of the 24 inch RCP will be vegetated
with cattails or aquatic plant species.
C) (specific language regarding acceptable mitigation).

M pro
Va "..a,..tn..
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
)AMES B. HUNT. JR.
GOVERNOR
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, ?ETC 28402-1890
ATTENTION: Regulatory Branch
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH, N.C. 27611-5201
February 3, 1995
R. SAMUEL HUNT Itt
SECRETARY

SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application
for wetland fill. TIP No. U-0508CA & CB, State Project No. 8.2440501,
COE Action ID. No. 199202767, DEM No. 92359.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) applied on October 19, 1994
for after-the-fact Department of the Army authorization to place fill in wetlands to allow
completion of the CBD Loop in Fayetteville. Since that date, the NCOT has received
comments on this request from the N.C. Division of Environmental XIanagement
(?v'CDENf) and the N.C. Wildlife Resources Commission (NCWRC), both letters dated
November 29, 1994. These comments were discussed briefly at the January 1995
interagency permit review meeting. This letter is intended as a formal response to the
comments.
Both agencies commented on the proposed work at Wilkes Road. In response, the
NCDOT is willing to commit to grading the site to natural grade, and to replanting the area
once grading is complete. The wetland area at this site consisted of a medium aged stand
of mixed stand of pine and hardwoods. Consequently, the NCDOT will plant a seedling
mixture of loblolly pine (emus !Leda), sweetgum Uuidambar s aciflua), tulip poplar
(Liriodendron tulipifera), black gum (N 1sa sylyatica), and red maple (Acer rabrum) at the
site. This planting will be done by state forces after the CBD project is complete. The
NCDOT has also engineered the lateral roadway ditch to ensure that it will not drain
adjacent wetlands, in accordance with the request of NCDEK
?a

Bc y.b-u?ies also commented on the proposed service road located adjacent to the NC 87
US -`,01 interchange. In April of 1992, a study was conducted to determine if a service
road was required at this location. This study concluded that construction of the service
road would cost less than buying out all of the adjacent property. This estimate has been
reexamined by the NCDOT's Roadway Design Branch. According to current cost
estimates, construction of the service road will save the State approximately $194,760. This
cost estimate does not include any costs associated with assessment and/or remediation of
hazardous materials found in the junkyard. It seems likely that some level of contamination
has occurred.
Both agencies suggested that this area could be used as mitigation for project impacts. The
property appears to consist primarily of forested wetlands. Aside from cleanup of the
junkyard, there seems to be no potential for wetland restoration, creation, or enhancement.
It has been the NCDOT's experience that the permitting agencies are generally unwilling to
accept preservation-type mitigation. A high mitigation ratio is usually involved, which
reduces the value of the property as mitigation. Consequently, it is the NCDOT's position
that this property is unsuitable for mitigation. The NCDOT studied potential mitigation in
the project area during coordination for the permit for the CBD Loop project. During this
coordination, it was determined that project impacts would be mitigated off-site, and the
proposed Bull Farm mitigation bank has been developed for that purpose.
Both agencies mentioned the potential for secondary development associated with the
service road. It is apparent to the N ICDOT that if secondary development be proposed in
wetlands, these proposals would be subject to the 404 process independently of the road.
The NCDEM suggested that a small mitigation site could be constructed in one of the
ramps at the US 301 - NC 87 interchange. This site is depicted on Sheet 1 of 3 at Site IV
of the after-the-fact request (A copy of this sheet is attached). The NCDEM refers to a
pipe which is proposed to drain directly to a lateral ditch. This pipe is depicted by a heavy
black line near the right end of the sheet. This pipe is proposed to drain under the roadway
to a lateral ditch, which empties into the large canal shown at the top of the sheet. The
NCDEM has proposed that this pipe be diverted into the wetland area between the existing
ramp and the new ramp, where a lateral V ditch is shown. This pipe and the ramp fill were
already in place at the time of the NCDOT's site visit with the NtiTCDEM to review the
after-the-fact application.
During this site visit, the area between the ramps was still at its natural elevation. Sheet 1
shows that this area between the ramps would be filled during project construction. Since
the site visit, this work has been completed. To accommodate the NCDEM's request, the
NCDOT would have to remove the fill at the site and reconstruct the drainage pipes in this
area. Since the impacts at this site have been described in the permit application, the
NCDOT does not consider this reconstruction practical.

I r -...
"CDOT's position that the project as proposed represents the least-damaging,.
racticable alternative for this project. Please continue to review the proposal for
aumorization under Section 404. If you need any additional information, please contact
me or Mr. Gordon Cashin at [phone].
Sincerely,
B. J. O' QuinffE
Assistant Manager,
Planning and Environmental Branch
GEC
Attachments
CC: Mr. Scott McClendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mi. David Cox, NCWRC
Mr. N. L. Graf, FHWA, attn: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 17, 1995
Mr. Barney O' Quinn
Planning and Environmental Branch
NC DOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O' Quinn;
Re: 401 Certification request
Fayetteville CBD Loop
Cumberland County
DEM # 92359 and 941016, COE # 199202767
TIP # U-0508CA & CB, State Project No. 8.2440501
FIL " ''[[
DEM has reviewed your application for fill after-the-fact approval of 15.74 acres of wetlands
in order to extend the CBD Loop.along.the existing highway realignment. DEM met on-site with
DOT on November 22, 1994. A subsequent meeting was held on March 17, 1995 in our office. In
order to complete action on the 401. Certification, we will need answers to the following issues:
1. During the on-site meeting, the area inside of Loop A had not received any fill and
was a jurisdictional wetland. DEM requested that DOT reroute a proposed pipe from
the junkyard to the area inside Loop A. This would allow for the pollutants from the
junk yard to be filtered out before they entered the canal. Since the on-site
meeting,the area has been filled. The area (according to DOT staff ) is not yet
completely filled in. Therefore, DEM requests that DOT stop the filling and decide
between two options. The eventual 401 Certification for this project will refer
explicitly to which ever option is chosen by DOT.
Option 1: Remove fill inside Loop A such that the outlet pipe elevation is above
the ground level to allow stormwater to sheetflow and remove
pollutants or,
Option 2: Create a stormwater pond on the east side of Ramp A where DOT has
to constructed a lateral ditch. This stonnwater pond would have to be
adequately designed to meet DEM's stormwater requirements.
Questions on the stormwater requirements should be directed to Scot
Thomas at 733-5083 (Ext. 563).
E:) EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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2. Mr. Eric Galamb asked Mr. Gordon Cashin if the impacts from the drainage
ditches on adjacent wetlands were included in the permit application. DOT
informed DEM that these impacts were not included. Our experience with
these ditches (i.e., US 64 and US 17 area near New Bern), is that they can
result in the considerable drainage of additional wetlands adjacent to the ditch.
Please provide a letter to the COE and DEM that quantifies the impacts to the
adjacent wetlands from these ditches.
Please call me at 733-1786 if you have any questions.
Sincerely,
qCr R. Dorney
Quality Certi tion Program
fayCBDlp.I r
cc: Wilmington Corps of Engineers Field Office
Corps of Engineers Regulatory-Wilmington
Fayetteville Regional Office
Central Files
Stephanie Briggs, DOT
David Foster
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4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM:
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STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT. JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C: 27611-5201
R. SAMUEL HUNT II I
SECRETARY
February 3, 1995
RECEIVED
District Engineer
U. S. Army Corps of Engineers
P.O. Box 1894
Wilmington, I?rC 28402-1890
ATTENTION: Regulatory Branch
FEB 1419951
ENVIRONMENTAL SLICES
BRANCH
SUBJECT: Cumberland County, Fayetteville CBD Loop, After-the-fact application
for wetland fill, TIP No. U-0508CA & CB, State Project No. 8.2440501,
COE Action ID. No. 199202767. DEM No. 92359.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) applied on October 19, 1994
for after-the-fact Department of the Army authorization to place fill in wetlands to allow
completion of the CBD Loop in Fayetteville. Since that date, the NCDOT has received
comments on this request from the N.C. Division of Environmental Management
(NCDEM) and the N.C. Wildlife Resources Commission (NCW1R), both letters dated
November 29, 1994. These continents were discussed briefly at the January 1995
interagency permit review meeting. This letter is intended as a formal response to the
comments.
Both agencies commented on the proposed work at Wilkes Road. In response, the
NCDOT is willing to commit to grading the site to natural grade, and to replanting the area
once grading is complete. The wetland area at this site consisted of a medium aged stand
of mixed stand of pine and hardwoods. Consequently, the NCDOT will plant a seedling
mixture of loblolly pine (Pmus taeda), sweetgum Uuidambar s aciflua), tulip poplar
(Liriodendron tulipifera), black gum (N ssa svlvatica), and red maple (Acer lubrum) at the
site. This planting will be done by state forces after the CBD project is complete. The
NCDOT has also engineered the lateral roadway ditch to ensure that it will not drain
adjacent wetlands, in accordance with the request of NCDEM.
i?
. ti
ancies also commented on the proposed service road located adjacent to the NC 87
interchange. In April of 1992, a study was conducted to determine if a service
pas required at this location. This study concluded that construction of the service
roa ;.Vould cost less than buying out all of the adjacent property. This estimate has been
reexamined by the NCDOT's Roadway Design Branch. According to current cost
estimates, construction of the service road will save the State approximately $194,760. This
cost estimate does not include any costs associated with assessment and/or remediation of
hazardous materials found in the junkyard. It seems likely that some level of contamination
has occurred.
Both agencies suggested that this area could be used as mitigation for project impacts. The
property appears to consist primarily of forested wetlands. Aside from cleanup of the
junkyard, there seems to be no potential for wetland restoration, creation, or enhancement.
It has been the NCDOT's experience that the permitting agencies are generally unwilling to
accept preservation-type mitigation. A high mitigation ratio is usually involved, which
reduces the value of the property as mitigation. Consequently, it is the NCDOT's position
that this property is unsuitable for mitigation. The NCDOT studied potential mitigation in
the project area during coordination for the permit for the CBD Loop project. During this
coordination it was determined that project impacts would be mitigated off-site, and the
proposed Bull Farm mitigation bank has been developed for that purpose.
Both agencies mentioned the potential for secondary development associated with the
service road. It is apparent to the NCDOT that if secondary development be proposed in
wetlands, these proposals would be subject to the 404 process independently of the road.
The NCDEM suggested that a small mitigation site could be constructed in one of the
ramps at the US 301 - NC 87 interchange. This site is depicted on Sheet i of 3 at Site IV
of the after-the-fact request (A copy of this sheet is attached). The NCDEM refers to a
pipe which is proposed to drain directly to a lateral ditch. This pipe is depicted by a heave
black line near the right end of the sheet. This pipe is proposed to drain under the roadway
to a lateral ditch, which empties into the large canal shown at the top of the sheet. The
NTCDEM has proposed that this pipe be diverted into the wetland area between the existing
ramp and the new ramp, where a lateral V ditch is shown. This pipe and the ramp fill were
already in place at the time of the NCDOT's site visit with the NCDEM to review the
after-the-fact application.
During this site visit, the area between the ramps was still at its natural elevation. Sheet 1
shows that this area between the ramps would be filled during project construction. Since
the site visit, this work has been completed. To accommodate the NCDEM's request, the
NCDOT would have to remove the fill at the site and reconstruct the drainage pipes in this
area. Since the impacts at this site have been described in the permit application, the
NCDOT does not consider this reconstruction practical.

OW,

ie NCDOT's position that the project as proposed represents the least-damaging,.
practicable alternative for this project. Please continue to review the proposal for
acahozization under Section 444. If you need any additional information, please contact
me or Mr. Gordon Cashin at [phone].
Sincerely,
B. 10' - uinnPE
Assistant Manager,
Planning and Environmental Branch
GEC
Attachments
CC: Mr. Scott McClendon, COE, Wilmington
Mr. John Domey, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. N. L. Graf, FHWA, attn: Mr. Roy Shelton
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. W. F. Rosser, PE, Division 6 Engineer
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-,;Memorandum ? 3/$/95
',,,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., °.E., Director
November 29, 1994
Mr. Barney O'Quinn
Planning and Environmental Branch
NC DOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn
Re: Fayetteville CBD Loop
After-the-fact application for wetland fill
Cumberland County
DEM # 941016, COE # 199202767
???
?EHNFi
FILE COF
On 22 November, several members of the Division of Environmental Management,
Water Quality Section inspected the site of the unauthorized fill for the Fayetteville CBD loop
as described in the 27 October 1994 Public Notice. Based on this site visit, the following
additional information is required by DEM before a 401 Water Quality Certification decision
can be made. By copy of this letter, the DEM is requesting that the Corps of Engineers place
this project on hold until this information is available.
I. On-site restoration of wetlands -site IV:
It appears that the unavoidable wetland impact near site IV can be partially mitigated
on site in the area between Business I-95, the CBD Loop and the newly constructed
off-ramp connecting the two roadways. This can be accomplished after the planned
removal of the existing ramp.
Based on our site visit and review of the Public Notice, it appears that wetlands
that were filled on sites IV and V were removing pollutants in runoff primarily from
the existing junk yards and other development in the nearby area. This surface runoff
has now been directed to a rip rapped ditch and into the adjacent large canal. This
runoff should be diverted via a pipe beneath ramp A and loop A into the remnant
wetlands and ramp (to be removed). This site should be designed to sheetflow runoff
via. a flow spreading device through this site. Water can then exit beneath Ramp A
and Loop A near Business I-95. This design will (at least partially) replace the
existing water quality- use of the wetlands which have been filled.
P.O. Box 29535, Raleigh, North Catalina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunffy :;`tirmative Action Employer 50% recycled/ 10% post-consumer paper
*-- . W ,.
II. On-site restoration of wetlands - site I-H
The proposed access road will impact about 2.2 acres of wetland to provide
access to property due to construction of the CBD Loop. We believe that this is an
avoidable impact. Purchase of the land (especially the junk yard) will provide a
mitigation (restoration) site for DOT for unavoidable fill at sites IV and V. Please
examine this alternative to determine whether fill for the access road can be avoided.
We are also concerned with cumulative and secondary impacts on wetlands in this
area if the access road is built.
III. On-site restoration - Wilkes Road site.
We agree that restoration of this 2.24 acre site is unlikely in the short term
since up to 6 feet of hydric soil has been removed. However we ask that DOT
commit to replanting the site after removal of the fill as well as engineering of the
large ditch which is parallel to the road to ensure that it will not drain adjacent
wetlands. We believe that if this area eventually becomes jurisdictional wetlands that
DOT should be allowed to claim the area as wetland mitigation. However we agree
with DOT staff that quick (in less that 5 years), successful restoration is unlikely and
concur with DOT's decision not to attempt to count restoration of this site as
mitigation for this project.
Please call Mr. John Dorney or Mr. Eric Galamb at 733-1786 if you have nay
questions about our information needs.
Sincerely,
J ' R. Dorney
941016.inf
cc: Ken Averitte, Fayetteville DEM Regional Office
Scott McLendon, Wilmington Corps of Engineers
Central Files
Robert Lamme
I

State of North Carolind
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director .
November 3, 1994
MEMORANDUM
TO: Mr. A. Preston. Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
XILIFRA,
I'T
MINK
?EHNR
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199202767 dated
October 27, 1994 describing a proposed project by NC DOT (after the fact) has been circulated
to interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 14, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportune*y Aiflrrnathae Ac-'or) Emp oyer 50% recycled/ i ? cost-consumer paper

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199202767
October 27, 1994
PUBLIC NOTICE
The NORTH CAROLINA DEPAR NT OF TRANSPORTATION, C/O MR. BARNEY J.
O'QUINN, POST OFFICE BOX 2 2'( EIGH, NORTH CAROLINA, 27611-5201, has
applied for a Department of the rmy (DA) after-the-fact permit TO PLACE FILL
MATERIAL IN AN ADDITION 15.74 'ACRES OF WETLANDS TO ALLOW COMPLETION OF THE
CENTRAL BUSINESS DISTRICT (Q. LOOP (TIP #U-0508CA & CB) IN FAYETTEVILLE,
CUMBERLAND COUNTY, NORTH CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments regarding the factors on which
a final decision will be based. Legal action has been suspended pending the
outcome of this consideration. A portion of the work was originally
authorized pursuant to a DA permit issued August 3, 1993.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show three
significant work areas that were not indicated on the plans included in the
original Public Notice for this project issued July 23, 1992.
The first area is located at the Wilkes Road (SR 2210) interchange with
the CBD Loop where a temporary road has been constructed in wetlands to carry
traffic while the Wilkes Road overpass is being built. Although the road is
temporary and will be removed once the bridge is completed, wetlands at the
road site have been undercut to a minimum depth of 6 feet and the overburden
has been disposed of. Therefore, restoration of this site is not considered
to be feasible. Project area wetlands contained a medium aged stand of mixed
pine and hardwoods growing on Roanoke (typic ochraquult) and Johnston loams
(cumulic humaquept). Total impacts to wetlands at this location is 2.24
acres.
The second area is located at the new overpass of the CBD Loop at U.S.
301 within the southeast and southwest quadrants of the newly constructed
interchange. Due to the amount of fill material already in place, the type of
habitat that was displaced by the unauthorized fill is unknown. The area is
mapped as containing Roanoke loam and presumably was forested prior to
construction of the new interchange. Total impacts to wetlands at this site
were estimated to be 11.3 acres.
The NC DOT also proposes to construct a new road from U.S. 301 south of
the newly constructed interchange to provide access to property that will be
isolated by construction of the CBD Loop. The proposed road would be
maintained by the state and will require the clearing and grubbing of a 60
foot corridor through a mixed stand of loblolly pine (Pinus taeda) and various
% It
-2-
species of hardwoods. Total impacts to wetlands at this location are 2.2
acres.
The NC DOT proposes to mitigate unavoidable impacts to waters and
wetlands associated with this project at the proposed Sampson County (Bull
Farm) mitigation site.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is *not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof.
-3-
Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards
and flood plain values (in accordance with Executive Order 11988), land use,
navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be
denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer determines
that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after December 1, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 18, 1994,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, until 4:15 p.m.,
November 14, 1994, or telephone [phone].
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201. RALEIGH. N.G 27611-5201 SECRETARY
October 19, 1994
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
ATTN: Regulatory Branch
SUBJECT: Cumberland County, Central Business District Loop
in Fayetteville. TIP * U-0508CA & CB, State Project
No. 8.2440501, COE Action ID. No. 199202767, DEM
No. 92359.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) was
notified by your agency on June 23 that work on the proposed
project was not in compliance with the 404 permit issued
August 3, 1993. Specifically, construction was underway in
wetlands that were not identified in the permit application,
and had not been reviewed for permit authorization.
A meeting was held at the project site on July 1, 1994 to
review the areas of concern. This meeting was attended by
representatives of the NCDOT, U.S. Soil Conservation Service,
and your agency. Your representatives requested that a
permit modification request be prepared for the additional
work in wetlands, and submitted as quickly as possible.
The NCDOT regrets the delay in responding to this request.
The wetlands at the previously unidentified sites were
delineated within a week of the site visit and an application
was prepared. Due to requests by Cumberland County, the
design had to be slightly modified. This required a revision
to the drawings. Another site visit was held on October 17,
1994 with Mr. Scott McClendon to review the new wetland
boundaries. Mr. McClendon recommended several minor
revisions, which are included in this application.
The impacted areas are found at three general locations: the
interchange of NC 87 and US 301, a service road near this
interchange, and Wilkes Road where the new CBD loop crosses.
The interchange and service road are part of project U
0508CA, and the Wilkes Road area is part of U-00508CB.
G)

The interchange of US 301 and NC 87 is being enlarged to
accommodate the new roadway. This has required the
construction of new ramps adjacent to the existing.ones, and
a enlarged roadway footprint at this location. Because of
the amount of fill already in place, it is not feasible to
determine the precise wetland limits at this location which
existed prior to construction. The NCDOT has estimated the
extent of these wetlands, and these are illustrated as Sites
4 and 5.
These estimates were obtained by examining the soil profiles
at the new fill limits, the county soil survey, the National
Wetland Inventory Map, and the natural grade depicted in our
roadway plan cross sections. Generally speaking, if hydric
soil was found at the new fill limit, the area under the fill
was assumed to be wet up to the old fill limit. The NCDOT
believes that this is a generous estimate. This results in
an estimated total of 11.3 acres of wetland impacts at the
interchange.
A new service road is proposed southwest of the interchange.
This service road is necessary to provide access to
properties which would otherwise have been isolated by the
controlled access CBD Loop. The roadway will be twenty feet
wide with shoulders four feet wide. The wetland impacts
along this road were more easily and accurately examined.
Although the vegetation had been removed, the natural grade
had not been greatly disturbed. Wetland impacts along this
roadway were determined by examining the soil profi a d
adjacent vegetation. This resulted in an estimate 2.
acres of impact along this road.
An additional impact occurs at Wilkes Road. At this
location, a bridge is being constructed on the existing
Wilkes Road alignment to carry the road over the new CBD
Loop. A detour has been constructed south of the existing
road to carry traffic while the bridge is built. Once the
bridge is finished, the detour will be removed.
Unfortunately, it is not considered feasible to restore the
site of the detour to its original state due to the amount of
undercutting required by the detour's construction.
The NCDOT's design at this site has been slightly modified at
this location due to requests by Cumberland County. The
County requested that turn lanes be included at the landfill
entrance north of Wilkes Road. This required the extension
of construction limits to include these turn lanes, and
slightly increased the amount of wetland impact. is
revision is depicted in the drawings. A total 0 2., acres
of wetland impact are expected in the Wilkes Road ' inity.

This results in a combined total of 15.74 acres of wetland
impact, the majority of which is estimated to be underneath
the new fill at the NC 87/US 301 interchange. Please
consider this as a modification request to the existing
permit for the CBD Loop (Action Id No. 199202767).
Mitigation for the 15.74 acres will be performed at the Bull
Farm Mitigation Site in Sampson County in coordination with
your agency.
If you need any additional information, please contact me or
Mr. Gordon Cashin at [phone].
Sincerely,
?
ui PE
Assistant Manager
Planning and Environmental Branch
cc: Mr. Scott McClendon, USCOE
Mr. G.T. Shearin, P.E.
Mr. Kelly Barger, P.E.
Mr. Don Morton, P.E.
Mr. A.L. Hankins, P.E.
Mr. W.F. Rosser, P.E., Division 6 Engineer
Mr. Sonny Cain, Division 6 Resident Engineer

7r1
NEWSITES 1,29,31
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PROJECT 8.2440501. U-508CA
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------ SUMMARY
---------- REPORT
--

PERMIT
FILL IN ------------
FILL IN WATERS
TOTAL FILL
SITE
----- STATION
---------- TYPE
----------- WETLANDS
---------- (AC) OF THE US-(AC)
---------------------- (CY)
----------
1 12+00 MAEBUME 0.71 0 764'8.0
17+00 .26
2 20+00 INDWM AL 1.2 0 0
28+00 404
3 28+50 NATIO44ME 0.29 0 900
32+00 26
4 7+50 DDIVIDIJPJ_ 2.7 0 51,000.
13+50 404
5 1+50 ITOTVmU1L 8.6 0 28,888.
13+50 404 '
TOTAL 13.54 0 88 A36.
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHW.kYS
CUMBERLAND COUNTY
PROJECT 8.2440SOl. U-50 B
C B D LOOP IN FAIETTEVILLE
SHEET 6 OF 7

PROPERTY OWNERS
NAME AND ADDRESS
PARCEL
NO. NAME
-----------------------------
15 DOUGLAS NEW
16 B. R. HUSKE III
17 EDWARD KRONSBURG
23 LEON E. ALLEN
24 JIMMY CARROLL
2--cr'A CUMBERLAND COUNTY
26 VIRGINIA CARROLL
27 ADOLPHUS TURNER
C/O LILLIAN TURNER
ADDRESS
------------------------------------------
P 0. BOX.53591 FAYETTEVILLE NC 28305-3591
130 DOBBIN AVE. FAYETTEVILLE NC. 28305
4520 C CENTRAL AVE. CHARLOTTE NC. 28205
3219 SHAMROCK DR. FAYETTEVILLE NC.28303
938 WILMINGTON HWY. FAYETTEVILLE NC.28306-3067
PO. BOX 449 FAYETTEVILLE NC. 28302-0449
938 WILMINGTON HWY. FAYETTEVILLE NC. 28306-3067
720 OLD WILMINGTON RD. FAYETTEVILLE NC.28301-6288
31 ROBERT D. KOCH PO BOX 614 FAYETTEVILLE NC . 28302-0614
32 TERRY L. RICE 4215 AIRTRADE ST. ORLANDO FLA. 32827-5309
33 CLARA JONES EVERET'TE RR 1,BOX 145 HOPE MILLS NC.28348- 9801
34 LONNIE DAVID JACKSON 703 N. ST. FAYET'TEVILLE NC. 28301
35 WANDA FAE JONES RR 16 BOX 184 FAYETTEVILLE NC. 28301= 8937
36 MARY McCOY HENDLEY 236 MURRAY FORK DR. FAYETTEVILLE NC. 28314-0917
36 A BRAGG HOME AUTO SALES 5307 BRAGG BLVD. FAYETTEVILLE NC. 28303-3558
37 MITCHELL RAY 368 E. 27th ST. PATTERSON NJ. 07514-1812
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SUMMARY REPORT
------

PERMIT . -----------
FILL -IN -------
FILL IN WATERS
TOTAL FILL
SITE STATION. TYPE _
----------------------------- WETLANDS.(AC)
----------------- OF THE US.(AC)
-- (CY)

1 32+00
INDIVIDUAL

2..24 --------- --

0 ---- ------

___9499.'93_--_
42+00 404
TOTAL 2.24 0 9499.93
e

s t r
PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL
NO. NAME ADDRESSES
------------------------------------------------------------------------
1 ' CUMBERLAND COUNTY PO BOX 449 FAYETTEVILLE NC. 28302-0449
REDEVELOPMENT CENT.
O J. A. HOLMES EST. .1010 HAY ST. FAYETT'EVILLE NC..28301

1.
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
February 17, 1995
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:

In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice Action ID. No. 199202767 dated October 27,
1994 which describes work carried out without benefit of a permit by the N. C. Department of
Transportation. The project activity, involving approximately 16 acres of wetland fill, is a part
of the Fayetteville Central Business District Loop in Cumberland County.
At this point in time, the coordinated viewpoint record does not include a response on
the Section 401 Certification. There is indication that the review by the Division of
Environmental Management is in a "hold" status.
Only one other cooperating agencies submitted written comments as a part of their form
response. The Wildlife Resources Commission submitted comments much earlier and it appears
a copy was forwarded to your office. However, for the record, the recommendations of that
November 29 memorandum are included herein:
1) The fill material placed in wetlands at the Wilkes Road overpass
should be removed and the area graded to existing ground level.
The area should be revegetated with native species and allowed to
return to a natural state. Although it is unlikely that this area
will return to wetland conditions, it will provide bank stabiliza-
tion and shading for the stream and serve as habitat for some wild-
life species.
2) The proposed service road south of the US 301 interchange should not
be constructed unless there is an upland alternative. The property
that will be isolated by the CBD Loop construction is mostly forested
ALTI."A
al?111111__
[D EHNR
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Dr. G. Wayne Wright
Page 2
February 17, 1995
wetlands with a small portion being used as a junkyard. We feel that
providing this level of access will only encourage further destruction
of these wetlands from secondary development pressure. If NCDOT
must purchase this property because the service road is not con-
structed it is recommended this area be used for on-site mitigation.
The cost of purchasing the property should be compared to that of
the service road before this is dismissed as an option.
3) We oppose the use of the Sampson County mitigation site for these
impacts until onsite mitigation options are studied. Until it is
clear that the Sampson County site contains sufficient mitigation
credits for the projects which have been permitted to debit it, we
feel NCDOT should look for other mitigation options for this project.
The property south of the US 301 interchange does present an oppor-
tunity for onsite mitigation.
The recommendations of the Commission seem reasonable to the writer and are generally
supported by this viewpoint position.
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the Wildlife Commission. We defer to the Division of Environmental
Management Water Quality Section for further input.
Very sincerely,
? a??rz
0
Jo R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management I/
M'
!y).t,'MORAND IVI PRINT ivxiu?
Reviewer .
.: !?1 Wiutw
TO: john Dorney WC) Supv.
Punning Branch DATE: Ittal- 1
SUBjECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
n? "1- uti i Ti"M i'lub'T Dt. ANbWEREL) (Ubh NIA FOR NUT t1L't'LiUAYcL )
T ?
PERMIT YL? : 94 PERMIT NO: OOOiOi6
APPLICANT NAME: iVC: DOT - t"BD LOOP
PROjECT TYPE: COMMERCIAL FILL
COE-#: i99202767 DOT
RC:L) F'ROMT CDA : CO L`A'TE FRiy1 t:D : i 0 f is /9 4
xEG OFFICE: FRO
R i V ER_AND_S U Yr_DAS i -# : 0.2(/5
STREAM-CLASS:
G
WL_!M' AC;T::
irJL_REQUES'TEL.' : T
WL_SC'ORE t fif 1 : *_6_0
1yil'1' i G11'1' I ON _?Iiv
MITIGATION-SIZE:
STx INDEn ivO: /8- KZ6

LVL_111 ?• // V°?
WL_A- CR_HST: : WATER 1MPAC;TED BY FILL::
141I T I GAT I ON-TY i E: I 1 ,g/T •?
y?L. y3/}.a?
DID YO`{ REQUEST 1v1O.FE I1NF0l : Y /0
IS WETLAND RATING SHEET ATTACHED'.;: Y 6? +_
DiSC:USSED Wi'T'H ArFLiC:A s'T'? : ;;/1v
HAVE PROjEC:T CHANGES/ C;OItjD!T!OivS BEEN
1 Et U1viVlEiv 'A'T'.??.>iv// (Circle- One) : . SSUE i??UE/ ? UivL1 LE1` 1
C:OMi(YIEivTtir : ?.r :..?? ?j?? G / ?v sTV?2 T v ?? ?! T?•?
?? ????C'c:?T' /i ?,+?-?T?.-?t?r/y? i3? ?7/?xir/?z?? ?I2i?=? %a ?.?/sie?'t?s?v.?
U ?i v
cc: Regional Office
Cen*'rai Files

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Regulatory Branch
ACTION ID. 199202767
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 5, 1994

Mr. Frank Vick, Manager
Planning and Environmental Branch
State of North Carolina
Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference the July 1, 1994, meeting between Messrs. Scott McLendon and Mike
Smith of my staff with Ms. Tracy Conrad, and Messrs. Steve Devitt, Andrew
Nottingham, Gordon Cashin, Barney O'Quinn, J.T. Cain, and Greg Price of the North
Carolina Department of Transportation (NCDOT) and Mr. John Ray of the United
States Department of Agriculture, Soil Conservation Service (SCS). The purpose
of this meeting was to address the unauthorized filling of jurisdictional
wetlands associated with construction of the Central Business District (CBD)
Loop, Fayetteville, Cumberland County, North Carolina.
During this meeting, the following sites along the construction corridor
were examined to determine if completed and on-going work was in compliance with
the subject Department of the Army (DA) permit issued August 3, 1993:
- Site 1 was located at the crossover of the new NC 87 at Wilkes Road (SR
2210) where a new road and associated ditches were being constructed in
jurisdictional wetlands located parallel to Wilkes Road. This work was not part
of the permit application nor was it indicated to Corps personnel during previous
site visits. The road will provide a temporary detour while the Wilkes Road
overpass is being constructed. While the surface of the road will be obliterated
when work is completed on the overpass, there are no plans to restore the
affected wetland area. Accordingly, wetland impacts associated with this portion
of the project, must be determined.
- Site 2 was located at the new interchange of NC 87 at US 301. Although
the permit application and drawings indicated that the northern terminus of the
entire project was at the "old" NC 87 (south of the US 301 interchange), the
project actually extends to Gillespie Street. It was apparent that construction
of the southeast and southwest quadrants of the interchange has resulted in an
unknown amount of adverse impact to waters and wetlands of the United States. In
addition, a new road has been constructed through adjacent wetlands to provide
access from US 301 to private property located west of the new alignment. This
work was al.1p not part of the permit application nor was it indicated to Corps
personnel during previous site visits.
According to Mr. O'Quinn, a former member of your staff completed an
environmental assessment for that portion of the project located between US 301
and Gillespie Street and found no evidence of wetlands along this segment of the
project. As discussed, we concur with your staff with this finding. We also
concur that and further, no wetlands have been impacted in the northwest and
northeast quadrants of the new interchange. It is our understanding that NCDOT
staff will determine impacts to wetlands associated with construction of ramps in
the southwest and southeast quadrants, and will provide us with a copy of your
file memorandum concerning the wetlands located between US 301 and Gillespie
Street.
r
-2-
- Site 3 was located at the southern terminus of the project where the new
alignment intersects with East Mountain Drive (SR 2283) and the finished 4-lane
portion of NC 87. NCDOT staff has examined this portion of the project, and have
determined that no wetlands exist in the adjacent pasture fields that were not
considered as Prior-Converted wetlands by the SCS. In the future, you are
cautioned that if Corp personnel are not afforded the opportunity to examine the
entire project corridor, NCDOT will be held responsibile for any enforcement
action we would pursue if it is later determined that such areas meet the
definition of a wetlands under our regulatory jurisdiction.
It was agreed that the following actions must be completed to begin to
bring this project into compliance:
1. NCDOT must determine the impact to the wetlands associated with the
unauthorized road construction at the Wilkes Road overpass. You must also
provide information on all restorative measures that will be taken this site.
2. NCDOT must determine the impact to the wetlands associated with the
unauthorized construction of the interchange at US 301.
3. NCDOT must determine the impact to the wetlands associated with
construction of the new access road located west of the "new" NC 87. As youy
agreed onsite, you must cease and desist from any further work in wetlands
associated with this access road until this matter can be resolved.
We expect receipt of the required information within 30 days of your
receipt of this letter. We will then determine the appropriate action necessary
to bring this project into compliance with the terms and conditions of the
subject permit.
If you have questions or comments, please call Mr. McLendon of my
Wilmington Area Regulatory Field Office at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
9
r . 'Ib
-3-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
Mr. Lee Pelej
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

Project rtam
County
Name of evaluator
? Hydrologically Isolated
•
Wetland type (select one) Other l_)
° ? Swamp forest ? Shoreline •
? Bottomland hardwood forest- ? Brackish marsh ;
• ? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen
? Pine savannah ? Ephemeral wetland ,
° ? Wet flat °
The rating system cannot be applied to salt marshes. ;
.•.•••••••••!!!!!.!!!!••
!!•!!!!
•sum
•!!!!!.!!!!••.•!!•••!!!?
Water storage •
Bank/Shoreline stabilization

'
X 4.00 =
' ?#<?r :.1 .: ?;:.::.::.:.;::•.
•
`
Pollutant removal > •

Sensitive watershed
< <'>'»;<»>'?»> >' =;:::_:><>`<> •
- X 1.50 = «:»:<:::::: Wetland score •
Travel corndor 1
Special ecological attributes
Wildlife habitat ' x 1.50 = >''>. <<'>"`'```.
:..... ....
Aquatic life value
Recreation/Education a' •
Economic value 0. 5
Nearest road-
acres Wetland
e- _J
- 9 North Carolina Wildlife Resources Commission
512 N. Salisbury Street; Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Inland 11404" Coordinator
Dept. of Environment, Health, & Natural Resources
FROM: David Cox, Highway Project Coo nato
Habitat Conservation Program
DATE: November 29, 1994
SUBJECT: U.S. Army Corps of Engineers Public Notice for
Action ID No. 199202767, review of application
(after the fact) for North Carolina Department of
Transportation (NCDOT) to fill an additional 15.74
acres of wetlands to allow completion of the
Central Business District (CBD) Loop (TIP No.
U-0508CA & CB) in Fayetteville, Cumberland County,
North Carolina.
Staff biologists of the N. C. Wildlife Resources
Commission (NCWRC) have reviewed the information provided by
the U.S. Army Corps of Engineers. Our comments are provided
in accordance with certain 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 NCDOT has placed fill in wetlands at three
locations on the CBD Loop which were not included in the
original permit issued August 3, 1994.
The first location is at the Wilkes Road interchange
where a temporary road was constructed in wetlands to carry
traffic while the overpass is being built. Wetland impacts
at this location are 2.24 acres.
The second location is at a newly constructed overpass
of the CBD Loop at US 301 in the southeast and southwest
quadrants of the interchange. Wetland impacts at this
location are estimated to be 11.3 acres.
W,
Memo Page 2 November 29, 1994
The third location is a service road to be constructed
....'from-US 301 t-o an isolated property just south of the new
CBD Loop interchange. Total wetland impacts at this
location are approximately 2.2 acres.
Mitigation proposed by NCDOT for these impacts involves
the use of the Sampson County (Bull Farm) mitigation site.
We recommend-that the proposed project._be modified to
incorporate the following recommendations prior to issuance
of a wetlands fill permit or attending water quality
certification:
1. The fill material placed in wetlands at the
Wilkes Road overpass should be removed and the
area graded to existing ground level. The area
should be revegetated with native species and
allowed to return to a natural state. Although
it is unlikely that this area will return to
wetland conditions, it will provide bank
stabilization and shading for the stream and
serve as habitat for some wildlife species.
2. The proposed service road south of the US 301
interchange should not be constructed unless
there is an upland alternative. The property
that will be isolated by the CBD Loop
construction is mostly forested wetlands with a
small portion being used as a junkyard. We feel
that providing this level of access will only
encourage further destruction of these wetlands
from secondary development pressure. If NCDOT
must purchase this property because the service
road is not constructed, it is recommended this
area be used for on-site mitigation. The cost
of purchasing the property should be compared to
that of the service road before this is
dismissed as an option.
3. We oppose the use of the Sampson County
mitigation site for these impacts until onsite
mitigation options are studied. Until it is
clear that the Sampson County site contains
sufficient mitigation credits for the projects
which have been permitted to debit it, we feel
NCDOT should look for other mitigation options
for this project. The property south of the US
301 interchange does present an opportunity for
on-site mitigation.
? ?
Memo Page 3 November 29, 1994
Thank you for the opportunity to review and comment on
this project. If I can _be of-any-further-assistance please „
call me at [phone]. - -
CC: Keith Ashley, District 4 Fisheries Biologist
Thomas Padgett, District 4 Wildlife Biologist
Scott Mclendon, USACOE, Wilmington-
John Dorney, Water Quality Section, DEM, DEHNR

• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN AEPLY REFER TO November 29, 1994
Regulatory Branch
Action ID No. 199202767
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
RECEIVED
?S
NOV 3 0 19%
ENVIRONMENTAL SCIENCES,
Enclosed is the application of the North Carolina Department of
Transportation for after-the-fact Department of the Army authorization and a
State Water Quality Certification to fill approximately 15 acres of wetlands
to complete construction of the Central Business District Loop in
Fayetteville, Cumberland County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by January 30, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri t
Chie , Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
-r-Z9 '13V VIMRP; V. ow
a0
STATE OF NORTH CAROLINA
DEPARTMENT OF T NsPORTADON
JAMES HUNT JR DIVISION OF HIGHWAYS IL SAMUEL HUNT III
GOVERNOR P0 BOX 2520]. RALEIGH. N.G 27611-MM SEDMARY
October 19, .1994
Ad
cF?
District Engineer
U.S. Army Corps of Engineers, A
P.O. Box 1890
Wilmington, NC 28402
ATTN:• Regulatory Branch
SUBJECT: Cumberland County, Central Business District Loop
in Fayetteville. TIP * U-0508CA & CB1 State Project
No. 8.2440501, COE Action ID. No. 199202767, DEM
No. 92359.
Dear Sir:
The North Carolina Department of Transp6rtation (NCDOT) was
notified by your agency on June 23 that work on the proposed
project was not in compliance with the 404 permit issued
August 3, 1993. Specifically, construction was underway in
wetlands that were not identified in the permit application,
and had not been reviewed for permit authorization.
A meeting was held at the project site on July 1, 1994 to
review the areas of concern. This meeting was attended by
representatives of the NCDOT', U.S. Soil Conservation Service,
and your agency. Your representatives requested that a
permit modification request be prepared for the additional
work in wetlands, and submitted as quickly as possible.
The NCDOT regrets the delay in responding to this request.
The wetlands at the previously unidentified sites were
delineated within a week of the site visit and an application
was prepared. Due to requests by Cumberland County, the
design had to be slightly modified. This required a revision
to the drawings., Another site visit was held on October 17,
1994 with Mr. Scott McClendon-to review the new wetland
boundaries. Mr. McClendon recommended several minor
revisions:` which are included in this application.
The impacted areas are found at three general locations: the
interchange of NC 87 and US 3019 a service road near this
interchange, and Wilkes Road where the new CBD loop crosses.
The interchange and service road are part of project U-
0508CA, and the Wilkes Road area is part of U-00508CB.

I J.
.The interchange of US 301 and NC 87 is being enlarged to
accommodate the new roadway. This has required the
construction of new ramps adjacent to the existing ones, and
a enlarged roadway footprint at this location. Because of
the amount of fill already in place, it is not feasible to
determine the precise wetland limits at this location which
existed prior to construction. The NCDOT has estimated the
extent of these wetlands, and these are illustrated as 'Sites
4 and S.
These estimates were obtained by examining the soil profiles
at the new fill limits, the county soil survey, the National
Wetland Inventory Map, and the natural grade depicted in our
roadway plan cross sections. Generally speaking, if hydric
soil was found at the new fill limit, the area under the fill
was assumed to be wet up to the old fill limit. The NCDOT
believes that this is a generous estimate. This results in
an estimated total of 11.3 acres of wetland impacts at the
interchange.
A new service road is proposed southwest of the interchange.
This service road is necessary to provide access to .
properties which would otherwise have been isolated by the
controlled access CBD Loop. The roadway will be twenty feet
wide with shoulders four feet wide. The wetland impacts
along this road were more easily and accurately examined.
Although the vegetation had been removed, the natural grade
had not been greatly disturbed. Wetland impacts along this
roadway were determined by examining the soil profile and
adjacent vegetation. This.resulted in an estimated 2.20
acres of impact along this road.
An additional impact occurs at Wilkes Road. At this
location, a bridge is being constructed on the existing
Wilkes Road alignment to carry the road over the new CBD
Loop. A detour has been constructed south of the existing
road to carry traffic while the bridge is built. Once. the
.bridge is finished, the detour will be removed.
Unfortunately, it is not considered feasible to restore the
site of the detour to its original state due to the amount of
undercutting required by the detour's construction.
The NCDOT's design at this site has been slightly modified at
this'location_due to requests by Cumberland County. .The
County requested that turn lanes be included at the landfill
entrance north of Wilkes Road. This required the extension
of construction limits to include these turn lanes, and.
slightly increased the amount of-wetland impact. This
revision is depicted in the drawings. A total of 2.24 acres
of wetland impact are expected in the Wilkes Road vicinity.
a
r-'

This results in a combined total of 15.74 acres of wetland
impact, the majority of which is estimated to be underneath
the new fill at the NC 87/US 301 interchange. Please
consider this as a modification request to the existing
permit for the CBD Loop (Action Id No. 199202767).
Mitigation for the 15.74 acres will.be performed at the-Bull
Farm Mitigation Site in Sampson County in coordination with
your agency.
If you need any additional information, please contact me or
Mr. Gordon Cashin at [phone].
Sincerely,
PE
Assistant Manager
Planning and Environmental Branch
cc: Mr. Scott McClendon, USCOE
Mr. G.T. Shearin, P.E.
Mr. Kelly Barger, P.E.
Mr. Don Morton, P.E.
.Mr. A.L. Hankins, P.E.
Mr. W.F. Rosser, P.E., Division 6 Engineer
Mr. Sonny. Cain, Division 6 Resident Engineer

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'
------
PERMIT ---------
FILL IN ---------------
FILL IN WATERS .
TOTAL FILL
SITE
. ------ STATION
--------- TYPE'
----------- WETLANDS
--------- (AC) OF THE US.(AC)
---------------------- (CY)
-----------
1 1244 NAMMME 0.71 0 7648.0
17+00 .25
2 20eCO IMM OVAL 1.2 0 0
28 404 ; z
3 28+M WrENME 0:29 0 900
3244 26
4 7+60 iNmrm L 2.7 0 51,000.
13+60 - 404
5 1+50 :NDI3m L .8.6 0 28,888.
13+50 404 '
lOTAL 13.50 .' 0 88,436.

• N. C: DEPT. OF TR.&NspoRT-4,TlO-*4
. DI%gSiON OF. HIGHWAYS
CUMBERLAND COUI1TT
.'

• PROJECT &2440SOl- U-6W5
C it D LOOP IN FA Y E I EVILLE
• SHEET 6 O F 7

PROPERTY OWNERS
NAME AND ADDRESS
PARCEL
NO. NAME ADDRESS
15 DOUMAS NEW P 0. BOX 53591 FAYETTEVILLE NC 28305-3591
16 B. R. HUSKE III 130 DOBBIN AVE. FAYETTEVILLE NC. 28305
17 EDWARD KRONSBURG 4520 C CENTRAL AVE. CHART TTE NC. 28205 ,: .
23 LEON E. ALLEN 3219 SHAMROCK DR. FANEITE'VILLE NC.28303
24 JIMMY CARROLL 938 WILMINGTON HWY. FAYETTEVILLE NC.28306--3067
21'A C[blBERLAND COUNTY P0. BOX 449 FAYETTEVILLE NC. 28302-0449
26 VIRGINIA CARROLL 938 WILMINGTON HWY. FAYETTEVILLE NC. 28306-3067
27 ADOLPHUS TURNER 720 OLD WILMINGTON RD. FAYETTEVILLE NC.28301-6288
C/O LILLIAN TURNER
31 ROBERT D. KOCH• PO BOX 614 FAYETTEVILLE NC 28302-0614
32 TERRY L. RICE 4215 AIRTRADE.ST. ORLANDO FLA. 32827-5309
33 CLARA JONES EVERETT E RR 1,BOX 145 DOPE MILLS NC.28348- 9801
34 LONNIE DAVID JACKSON 703 N. ST. FAYEITEVILLE NC. 28301
35 WANDA FAE JONES RR 16 BOX 184 FAYETTEVILLE NC. 28301= 8937
36 MARY MCCOY HENDLEY 236 HURRAY FORK DR. FAYETTEVILLE NC. 28314-0917
36A BRAGG HOME AUTO SALES 5307 BRAGG BLVD. FAYETTEVILLE NC.. 28303-3558
37 MITCHELL RAY 368 E. 27th ST. PATTERSON NJ. 07514-1812
rte.
N. C. DEPT.OF TR.3NSPORTATIO.4
DIVISION OF HIGHWAYS
CUMBERLAND COUtiT2
PROJECT u1105c2. U-soscA
C R D LOOP IN FAYETTEVILLE
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N,. a DEPT :OF TRANSPORTATION
'DI%rIS?ON 4F HIGHWAYS
-CUMBERLAND COtJ-tiTT
PROJECT 9.2440SO1, U-UWIS
•C 8 D LOOP IN FA.YETTEVtLLE
eifrr? ww Its
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 8, 1994
Regulatory Branch
ACTION ID.199202767 (Central Business District Loop, Fayetteville, TIP # U-
0508CA and CB)
Mr. Frank Vick, Manager
Planning and Environmental Branch
State of North Carolina
Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference the October 18, 1994, meeting between Mr. Scott McLendon of my
staff with Randy Turner and Gordon Cashin of the North Carolina Department of
Transportation (NCDOT). The purpose of this meeting was to verify the limits of
waters and wetlands impacted by the unauthorized construction of the Central
Business District (CBD) Loop at Wilkes Road (SR 2210), at its interchange with
U.S. 301, and the new access road south of the new interchange.
It is our understanding that, due to the amount of fill material already in
place, impacts to wetlands associated with construction of the overpass at U.S.
301 were determined from aerial photographs, the Cumberland County Soil Survey,
National Wetland Inventory (NWI) maps, and topographic maps. Impacts to
wetlands at the Wilkes Road site and the new access road were confirmed from the
field investigation utilizing the 1987 Corps of Engineers Wetland Delineation
Manual. As discussed, we concur that a total of 15.74 acres of wetlands have
been impacted by the unauthorized activity at the three sites.
During this meeting, Mr. J. T. Cain, the Resident Engineer on this project
was verbally instructed to cease and desist from any further work in wetlands on
the entire project until a complete application for the unauthorized work was
received in this office. On October 21, a complete application for the
unauthorized activity was recieved and Mr. Barney O'Quinn was informed by
telephone that work may resume on the project.
You are reminded that all work in wetlands on the unpermitted portions of
the project is undertaken entirely at NCDOT's risk pending our final permit
decision. In the event the permit is denied, all fill material in wetlands must
be removed.
-2-
If you have questions or comments, please call Mr. Scott McLendon at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory
Copies Furnished:
`: John Dorney
/Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Management
of
27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
Mr. Lee Pelej
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
FILENAME:dotcbd2.11
CESAW-CO-E1/mclendon/mj
CESAW-CO-E/WINEFORDNER
CESAW-CO-E/WRIGHT/s
MAIL
CESAW-CO-E/FILES
Branch
-; r
g9101f-e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199202767
? oCTZe1994 D
October 27, 1994
PUBLIC NOTICE
The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, C/O MR. BARNEY J.
O'QUINN, POST OFFICE BOX 25201, RALEIGH, NORTH CAROLINA, 27611-5201, has
applied for a Department of the Army (DA) after-the-fact permit TO PLACE FILL
MATERIAL IN AN ADDITIONAL, 15.74 ACRES OF WETLANDS TO ALLOW COMPLETION OF THE
CENTRAL BUSINESS DISTRICT (CBD) LOOP (TIP #U-0508CA & CB) IN FAYETTEVILLE,
CUMBERLAND COUNTY, NORTH CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments regarding the factors on which
a final decision will be based. Legal action has been suspended pending the
outcome of this consideration. A portion of the work was originally
authorized pursuant to a DA permit issiied August 3, 1993.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show three
significant work areas that were not indicated on the plans included in the
original Public Notice for this project issued July 23, 1992.
The first area is located at the Wilkes Road (SR 2210) interchange with
the CBD Loop where a temporary road has been constructed in wetlands to carry
traffic while the Wilkes Road overpass is being built. Although the road is
temporary and will be removed once the bridge is completed, wetlands at the
road site have been undercut to a minimum depth of 6 feet and the overburden
has been disposed of. Therefore, restoration of this site is not considered
to be feasible. Project area wetlands contained a medium aged stand of mixed
pine and hardwoods growing on Roanoke (typic ochraquult) and Johnston loams
(cumulic humaquept). Total impacts to wetlands at this location is 2.24
acres.
The second area is located at the new overpass of the CBD Loop at U.S.
301 within the southeast and southwest quadrants of the newly constructed
interchange. Due to the amount of fill material already in place, the type of
habitat that was displaced by the unauthorized fill is unknown. The area is
mapped as containing Roanoke loam and presumably was forested prior to
construction of the new interchange. Total impacts to wetlands at this site
were estimated to be 11.3 acres.
The NC DOT also proposes to construct a new road from U.S. 301 south of
the newly constructed interchange to provide access to property that will be
isolated by construction of the CBD Loop. The proposed road would be
maintained by the state and will require the clearing and grubbing of a 60
foot corridor through a mixed stand of loblolly pine (Pinus taeda) and various

8
-2-
species of hardwoods. Total impacts to wetlands at this location are 2.2
acres.
The NC DOT proposes to mitigate unavoidable impacts to waters and
wetlands associated with this project at the proposed Sampson County (Bull
Farm) mitigation site.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is *not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof.
7
? -r
-3-
Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards
and flood plain values (in accordance with Executive Order 11988), land use,
navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be
denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer determines
that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after December 1, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 18, 1994,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, until 4:15 p.m.,
November 14, 1994, or telephone [phone].
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IMPORTANT
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To
Date Time
WHILE YOU WERE OUT
of ) c/
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL

N.C. Dept. of Environment, Health, and Natural Resources