20051972 Ver 4_Information Letter_20091230

STA a
O
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
December 21, 2009
US Army Corps of Engineers
Raleigh Field Office
3331 Heritage Trace Drive, Suite 105
Wake Forest, NC 27587
Attn: Mr. Eric Alsmever
NCDOT Coordinator, Division 5
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Subject: Application for Modification to Section 404 Individual Permit and 401 Water
Quality Certification for the widening of Davis Drive (SR 1613/SR 1999) from
Morrisville-Carpenter Road in Wake County, State Project No. 9.805171 1, WBS
Element: 35018.1.1, Division 5, TIP U-4026.
Reference: NCDOT Individual Permit application dated October 24, 2005
individual Permit, USACE Action ID 200120448, issued May 18, 2006
NCDWQ Water Quality Certificate, issued January 26, 2006
NCDOT Individual Permit Modification application dated May 14 2008
Individual Permit Modification, USACE Action ID 2008-02065, issued July 8, 2008
NCDDWQ Water Quality Certification Modification, issued May 29, 2008
NCDWQ Water Quality Certification Modification, issue December 17, 2009
Dear Sir:
The purpose of this submittal is to request a modification to the Section 404 Individual Permit
and Section 401 Water Quality Certification. The North Carolina Department of Transportation
(NCDOT) has commenced construction of the subject project. Stability issues at nne, location on
the project will require permit modifications from USACE and NCDWQ. The changes are
summarized in the description below.
Permit Site No. 3 (Sheet 11 of 65) at 132+10 Lt -L-
Construction Issue:
A pre-formed scour hole (PFSH) has been constructed at this location, as indicated in the original
permit uppiication. Note that the icon depicting the PFSH is not to scale and construction of the
MAILING ADDRESS:
NC DEPARTMENT OF TRANSFORTA T ION TELEPHONE: [phone] LOCATION:
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 4701 Atlantic Ave.,
NATURAL ENVIRONMENT UNIT FAX: [phone] Suite 116
1598 MAIL SERVICE CENTER Raleigh, NC 27604

RALEIGH NC 27699-1598
WESSITE: N VNCDOT.ORG U

PFSH per the dimensions provided in Detail DD extends the outer-most edge of the device to the
full extent of the,PDE.
The stream has shifted slightly since the permit drawings were originally completed and currently
extends into the NCDOT right of way; as a result, the outer-most edge of the device is almost
directly adjacent to an unnamed tributary to Kit Creek in the Cape Fear Basin (Jordan Lake
Watershed). Runoff from the PFSH has caused formation of a scour on the streambank of the
unnamed tributary.
NCDOT proposes to place appropriate fill material into the scour and then construct a small,
shallow, rip rap-lined swale that would extend from the outer-most berm of the PFSH to below
the ordinary high water mark on the adjacent unnamed tributary (see attached sheet). This will
require the installation of up to 25 linear feet of Class l rip rap for the purpose of streambank
stabilization.
Jurisdictional Evaluation:
Placement of the rip rap on the streambank below the ordinary high water mark will result in 25
linear feet of permanent stream impacts. The rip rap wili not extend across the stream bed,
therefore there will not be a loss of stream function. NCDOT does not propose mitigation for
these additional impacts. Per the tear sheet modification issued by NCDWQ on December 17,
2009, NCDWQ will not require mitigation for this impact.
The project is located in the Cape Fear River Basin (Jordan Watershed). Clearing of vegetation
in the PDE was conducted in 2007 before the Jordan Lake Riparian Buffer Regulations were
implemented, therefore an authorization for impacts to riparian buffers is not required.
The proposed action does not involve additional impervious surface or additional runoff.
The revised design does not compromise NCDOT's compliance with the existing permit
conditions. The revision has been evaluated for compliance with the avoidance/minimization
criteria and is in compliance with all previous issues, including the following:
• Protected Species
• Aquatic Life passage
• FEMA compliance
• Cultural Resources.
Regulatory Approvals
Application is hereby made for the modification of the USACE Section 404 Individual Permit.
NCDOT notified NCDWQ of the above construction issues and the impact on jurisdictional.
Cresources in a memo dated December 17, 2009. NCDWQ issued a tear sheet modification for the
proposed impact on December 17, 2009. Therefore, a copy of this application will be provided
for their records; however; no further written concurrence is required.
A copy of this permit application will be posted on the NCDOT website at:
http://www.nedot.org/doh/preconstruct/pe/. If you have any questions or need additional
information, please call Erica McLamb at [phone].
Sincerely,
Gregory J. Thorpe, Ph.D.
,5V PC Environmental Management Director, PDEA
w/attachment
Mr. Brian Wrenn, NCDWQ (5 Copies)
4ir. Travis Wilson, NCWR'C
Ms . Kathy Matthews, USEPA
"vir. Clarence W. Coleman, P.E.. FHWA
Mr. Gary Jordan, USFWS
W/o attach ment (see website for attachments)
Dr. David Chang, P.E.; Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, P.E., Project Services Unit
Mi-. J. Wally Bowman, PE., Division Engineer
Mr. Chris Murray, DEO
Mr. jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Mr. Brian Yamamoto. PDEA
Mr. Drew Joyner, PE, Human Environment Unit Head
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