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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATI
MICHAEL F. EASLEY
GOVERNOR
February 7, 2003
1 12003
EE BB
LYNDO TIPPETT
SECRETARY
MEMORANDUM TO: Eric Alsmeyer US Army Corps of Engineers
Gary Jordan US Fish and Wildlife Service
Kathy Matthews USEPA-Region IV
Jake Riggsbee FHWA
John Hennessy NCDENR-DWQ
Travis Wilson NCWRC
Renee Gledhill-Earley NCSHPO
Dewayne Sykes NCDOT-Roadway Design
Jimmy Goodnight NCDOT-Roadway Design
John Frye NCDOT- Structure Design
Marshal Clawson NCDOT-Hydraulics
Steve Dewitt NCDOT-State Construction & Materials
Jon Nance NCDOT-Division 5
Randy Turner NCDOT-PD&EA
Teresa Hart NCDOT-PD&EA
Matt Wilkerson NCDOT-PD&EA
Alice Gordon NCDOT-PD&EA
Kenneth Withrow Capital Area MPO
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Project Development Engin eer
SUBJECT: February 19,2003; Merger Team Meeting; Eastern Wake
Expressway; TIP No. R-2641; Reaffirm commitments in the
application and permit conditions with the Merger Team
regarding bridging length (Concurrence Point 2A) and avoidance
and minimization (Concurrence Point 4A).
Attached for your review is a Tentative Meeting Agenda and Project Packet for the Eastern Wake
Expressway from Existing US 64 to US 64 Bypass, TIP No. R-2641
If you have any questions or need additional information, please contact me at 733-7844
extension 260.
Attachments (2)
cc: File
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS - 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH. DOT. STATE. NC. US RALEIGH NC
RALEIGH NC 27699-1548
TIP Project No. R-2641
EASTERN WAKE EXPRESSWAY
From Existing US 64 to US 64 Bypass (Knightdale Bypass)
Meeting A eg nda
1. Introductions
2. Project History
3. Project Review
4. Design/Build Overview
FEBRUARY 19, 2003
MERGER TEAM MEETING PACKET
EASTERN WAKE EXPRESSWAY
WAKE COUNTY
FROM EXISTING US 64 TO US 64 BYPASS (Knightdale Bypass)
TIP No. R-2641
State Project No. 8.U401732
Federal-Aid Project No. STPNHF-540(7)
FEBRUARY 07, 2003
R-2641
TIP Project No. R-2641
EASTERN WAKE EXPRESSWAY
From Existing US 64 to US 64 Bypass (Knightdale Bypass)
Table of Contents
ITEM
Project History
Purpose of Meeting
Wetland and Stream Impacts
Attachments
ITEM
Project Vicinity Map
Project Site Map
FEIS Signature Cover
ROD Cover
November 8, 2000 Concurrence Point 4 Impact Avoidance and Minimization
Meeting Minutes
US Fish and Wildlife Service Letter (May 23, 2001)
No Effects Concurrence
For R-2547 and R-2641
NC DENR - DWQ
401 Water Quality Certification WQC Project # 011689
For R-2547
US Army Corps of Engineers Permit # 200220819
For R-2547 and R-2641
North Carolina Department of Cultural Resources
State Historic Preservation Office Memorandum (September 17, 2002)
For R-2547 and R-2641
02/07/03
Page
1
2
2
Page
A-1
A-2
A-3
A-4
A-5
A-7
A-8
A-15
A-25
i
R-2641
Project History
02/07/03
The US 64 Bypass from I-440 to US 64 west of Wendell (R-2547) and Eastern Wake
Expressway from Existing US 64 to US 64 Bypass (R-2641) was let to a Consulting Engineering
Firm to prepare an Environment Impact Statement (EIS) in 1992. The project Scoping Letter
was sent out in October 1992. A Draft EIS was signed July 10, 1995. On May 4, 1998, the
Final EIS was approved by the Federal Highway Administration (FHWA). A Record of
Decision (ROD) was issued on August 8, 1999.
NCDOT brought R-2547 and R-2641 before the Merger Team on November 8, 2000 for
Concurrence Point 4 (Avoidance and Minimization). The US Army Corps of Engineers
(USACE) representative noted that USACE would not be able to sign Concurrence Point 4 since
the project had not been sent out for Public Notice and Comment by his agency. The resource
agencies agreed that NCDOT had met the intent of avoidance and minimization; therefore, no
written concurrence was necessary. Development and submission of the permit application,
embodying the work with the Merger Team, would satisfy the requirements of avoidance and
minimization.
On October 19, 2001, the North Carolina Department of Transportation (NCDOT) submitted
permit applications to the USACE and North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ). NCDOT received a permit for R-2547 and R-
2641 from USACE on April 25, 2002 and a 401 Water Quality Certification for R-2547 from
DWQ on April 10, 2002.
On October 8, 2001, FHWA, NCDOT and North Carolina State Historic Preservation Officer
entered into a Memorandum of Agreement regarding four archaeological sites (31 WA1338,
31 WA1352, 31 WA1360 and 31 WA1391) located in R-2547/R-2641. One of the archaeological
sites that required data recovery (31 WA1352) is located in the R-2641 project limits.
Archaeologists with the Project Development and Environmental Analysis Branch of NCDOT
conducted an archaeological site evaluation. Based on their findings, the site was recommended
as ineligible for inclusion on the National Register of Historic Places (NRHP). The North
Carolina State Historic Preservation Office concurred that site 31 WA1352 was ineligible for the
NRHP in their September 17, 2002 memorandum to NCDOT.
NCDOT let R-2547 BA for construction on May 21, 2002. R-2547 BB, C and CC were awarded
to a Design/Build Team on June 6, 2002. R-2641 is scheduled to be awarded to a Design/Build
Team in October 2003.
- • . . R-2641
Purpose of Meeting
02/07/03
NCDOT is wanting to reaffirm commitments in the application and permit conditions with the
Merger Team regarding bridging length (Concurrence Point 2A) and avoidance and
minimization (Concurrence Point 4A).
Wetland and Stream Impacts
On October 19, 2001, the North Carolina Department of Transportation (NCDOT) submitted
permit applications to the USACE and North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ). As denoted in the above referenced application
the following are the impacts for the Eastern Wake Expressway from Existing US 64 to US 64
Bypass (R-2641).
Summary of Jurisdictional Impacts (Federal Clean Water Act)
Permanent
Wetlands (Acres)
1.72
Temporary
Wetlands (Acres)
0.015
Stream (Linear Feet)
0
Pond (Acres)
Summary of Neuse Buffer Impacts
Zone 1
Impacts
Zone 2
Impacts
6.47 2.96
2
3.71
VICINITY
ASAP
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
WAKE COUNTY
PROJECT: 8.2404601 (R-2641)
EAST WAKE EXPRESSWAY
FROM PROPOSED US 64
BYPASS TO US 64 EAST
SHEET OF 6/6/2000
4.1
NORTH CAROLINA

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Federal Highway Administration
Region Four
ADMINISTRATIVE ACTION
FINAL ENVIRONMENTAL IMPACT STATEMENT
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
US 64 Bypass from I-440 to US 64 west of Wendell
and Eastern Wake Expressway from
existing US 64 to US 64 Bypass,
approximately 13 miles, in Wake County, North Carolina
Federal Aid Project DPI - 0199 (004)
State Project No. 8.1402202
Wake County
TIP No. R-2547/R-2641
Submitted Pursuant to the National Environmental
Policy Act 42 U.S.C. 4332(2)(C)
CooperatingAgenpy
U.S. Army, C s M,,eer.
43019,8
ate Richard B. Davis P.E., As 'stant Manager
Planning and Environmental Branch
North Carolina Department of Transportation
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ate Fpiic L. Graf, P.E.
Division Administrator
Federal Highway Administration
The following persons may be contacted for
additional information concerning this document:
r Nicholas L. Graf, P.E. Richard B. Davis RE
Federal Highway Administration North Carolina Department of Transportation
310 New Bern Avenue, Suite 410 Post Office Box 25201
Raleigh, North Carolina 27601 Raleigh, North Carolina 27611
[phone] [phone]
This action involves construction of the US 64 Bypass and the Eastern Wake Expressway in Wake County.
This Final Environmental Impact Statement (EIS) presents the Preferred Alternative selected based on the
findings of the Draft EIS as well as agency comments and public input obtained at the Corridor Public Hearing.
The Draft EIS was published in July 1995. The Public Hearing was held on September 26, 1995. All
comments and public input received subsequent to publication of the Draft EIS are addressed in this document.
This Final EIS is an abbreviated document which presents only those sections of the Draft EIS which required
modification or clarification. The Draft EIS is incorporated into this Final EIS by reference.

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Section 404/NEPA Interagency Meeting
Concurrence Point No. 4 Impact Minimization and Avoidance
November 8, 2000
MINUTES
Project Title: US 64 BYPASS AND EASTERN WAKE EXPRESSWAY
Wake County, North Carolina
T.I.P. Project No. R-2547 & R-2641
State Project No. 8.1402202
Federal-Aid Project No. M4,F-36-1(33)
A NEPA/Section 404 Meeting was held on November 8, 2000 in the NCDOT Board of Transportation
Room at the Transportation Building. The purpose of the meeting was to bring the above referenced
pipeline project to the Merger Team regarding issues of avoidance and minimization and to receive
concurrence of Point 4 of the Section 404/NEPA Merger Agreement. The following persons attended the
meeting:
Tom Kendig, NCDOT Project Development and Environmental Analysis Branch
Michael Penney, NCDOT Project Development and Environmental Analysis Branch
Charles Bruton, NCDOT Project Development and Environmental Analysis Branch
Alice Gordon, NCDOT Project Development and Environmental Analysis Branch
Dewayne Sykes, NCDOT Roadway Design
Jimmy Goodnight, NCDOT Roadway Design
Kathy Lassiter, NCDOT Roadway Design
Jim Speer, NCDOT Roadway Design
Danny Gardner, NCDOT Roadway Design
Lee Moore, NCDOT Roadway Design
Cynthia Perry, NCDOT Roadway Design
Abdul Rahmani, NCDOT Hydraulics
Marshal Clawson, NCDOT Hydraulics
Dan Hinton, FHWA
Jake Riggsbee, FHWA
Eric Alsmeyer, U.S. Army Corps of Engineers
Kathy Matthews (By Phone), U.S. Environmental Protection Agency
Tom McCartney, U.S. Fish and Wildlife Service
David Cox, N.C. Wildlife Resources Commission
John Hennessy, NCDENR - Division of Water Quality
Scott Lane, Capital Area MPO
Michael Penney initiated the meeting by requesting introductions around the room. Kathy Matthews
attended the meeting by phone. Mr. Penney started the discussion by reviewing the project history and
stream & wetland impacts on R-2547 & R-2641, see attached meeting handout. Mr. Penney stated, per
Y}-5
?3t-2547 & R-2461
11/08/00 Meeting Minutes
02/13/01
NCDOT memos on pipeline projects, the above referenced project is to go to the. Merger Team regarding
issues of avoidance and minimization and to receive Concurrence Point 4. Eric Alsmeyer stated that the
Corps would not be able to sign off on Concurrence Point 4 since the project had not been sent out for
Public Notice and Comment by his agency; this usually occurs prior to choosing a "least environmentally
damaging practicable alternative" (LEPDA). General discussions occurred regarding the process prior to
merger, the current merger process, and how this project could be handled.
Alice Gordon stated that NCDOT was in discussions with WRP regarding wetlands and stream mitigation
requirements.
Since plan rolls were not available the Merger Team decided not to review plan sheets.
The extension of the bridge over the Neuse River (R-2547 BB; from -L- Sta. 43+20+ to 44+00+) to
bridge 0.97 acre of high quality wetlands (DEM rating of 77) was discussed at length. The issues were
(1) this is a high quality wetland, (2) the railroad split the original wetland system decades ago, (3) the'
two wetlands systems (north and south of the rail line) are independent and (4) the cost to bridge. Based
on the discussion several agencies stated they needed more time prior to making a decision. Mr.
Hennessy stated he would like to see the costs of bridging vs. not bridging before he could make a
decision.
Mr. Penney asked which agencies would need plans; Eric Alsmeyer, Kathy Matthews, Tom McCartney,
John Hennessy and David Cox requested a set(s) of half-sized plans. A request was made for a Pre-
Permit Application along with the plans for the next Merger Team Meeting (December 2000 or January
2001) on this project.
Mr, Penney asked what was needed to comply with the pipeline project memos. The resource agencies
agreed, based on the review of the plans, compliance with the Neuse Buffer requirements, the ability to
make requested alignment shifts, etc., that NCDOT would meet the intent of avoidance and minimization.
Development and submission of the permit application, embodying the work with the Merger Team, will
therefore satisfy the requirements of avoidance and minimization.
4
CITIZEN PARTICIPATION Fax:[phone] Feb 7 '03 8:08 P.01/01
Qrt "T ,y United states .Department of the Interior
p FISH AND WILDLIFE SERVICE
$ Raleigh Field Office
Post Office Box 38726
Raleigh. North Carolina 27636-3726
May 23, 2001
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Mr. William D. Gilmore, P.E., Manager 010i
NCDOT
Project Development and Environmental Analysis Branch.
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr_ Gilmore:
This responds to your letter of April 6, 2001, requesting comments or concurrence from the U.S. Fish
and Wildlife Service (Service) on the Biological Assessments for the dwarf wedge mussel
(Alasnddonta heterodon) and Michaux's sumac (Rhos michauxii) in the vicinity of the proposed
Knightdale Bypass, including US 64 from I-440 (Raleigh Beltline) to existing US 64 near SR 1003,1-
440 from 0.83 mile south of US 64 to Poole Road, and a portion of the East Wake Expressway from
existing US 64 to the proposed US 64 Bypass, Wake County, North Carolina (TIP Nos. B-2547 & R-
2641). This report is provided in accordance with provisions of the Fish and Wildlife Coordination
Act (16 U.S_C. 661-667d) aiid section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531-1543).
The Service considers this report to be an accurate representation of the surveys and results for these
species, and their habitats. Based on the information provided, the Service concurs that this project,
as designed, will have "No Effect" on either the dwarf wedge mussel or Michaux's sumac.
Note, however, that this concurrence applies only to the referenced species up to the date of the
report. Should additional information become available relative to other listed species, or the
referenced species, additional surveys may be required.
The Serv ce appreciates the oprortun, to Comme rt on •this docLz ent. Please advise us of any
changes in project plans. If you have any questions regarding these comments, contact Tom
McCartney at [phone], extension 32.
Sincerely,
Dr_ Garland B Pardue
Ecological Services Supervisor
CC'. COE, Raleigh, NC (Eric Alsmeyer)
FWS/R4:TMeCartney:TM:05/23/2001:919/856-4520 extension 32:\R-2547.esp

A-7
State of North Carolina
Department of Environment
and Natural Resources
' Division of Water Quality
0.1?WA
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A&4;1
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore:
April 10, 2002

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Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Ac ,
Proposed US 64v Bypass of Knightdale from I-440 (Raleigh Beltline) to existing US 64 near SR
1003, I-440 from 0.83 miles south of US 64 to Poole Road and a portion of the East Wake
Expressway from existing US 64 to the proposed US 64 Bypass in Wake County (TIP R-2547).
WQC Project No. 011689
Attached hereto is a copy of Certification No. 3377 issued to The North Carolina Department of
Transportation dated April 4, 2002. You have our approval, in accordance with the attached conditions and
those listed below, to place fill material in 12.95 acres of jurisdictional wetlands, 9560 linear feet of
streams, and 40.56 acres of protected Neuse River Riparian Buffers. In addition, you are authorized to
perform mechanized clearing in 0.2 acres of jurisdictional wetlands. The project shall be constructed in
accordance with your application dated October 19, 2001, and the subsequent addendums dated November
9, 2001, and April 2, 2002. Any proposed site plans submitted in the October 19, 2001 application that
have a subsequent revised site plan submitted in the November 9, 2001,or April 2, 2002 addendums are not
authorized by this certification. Instead, for all impacts where a proposed site design as provided in the
original October 19, 2001 application was revised and submitted in the November 19, 2001 and April 2,
2002 addendums, the drawings with the latest date of revision are authorized. The purpose of the
authorized impacts is the construction of the US 64 bypass of Knightdale and a portion of the East Wake
Expressway (Future I-540 Outer Loop) from existing US 64 to the proposed US 64 bypass in Wake County
This certification supercedes the 401 Water Quality Certification approved on April 5, 2002.
.If we can be of further assistance, do not hesitate to contact us.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
_J
A-8
State of North Carolina
Department of Environment ` TkIMWVWA
and Natural Resources
r Division of Water Quality
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
Attachments
r
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
Ron Ferrell, Wetlands Restoration Program
Central Files
File Copy

Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
50% recycled/ 10% An Equal Opportunity Affirmative Action Employer post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
and Neuse River Buffer Rules
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15A NCAC 2H, Section .0500, and 15A NCAC 2B .0233. This certification authorizes, in
accordance with the attached conditions and those listed below, the placement of fill material in 12.95 acres
of jurisdictional wetlands, 9560 linear feet of streams, and 40.56 acres of protected Neuse River Riparian
Buffers. In addition, you are authorized to perform mechanized clearing in 0.2 acres of jurisdictional
wetlands. The project shall be constructed in accordance with your application dated October 19, 2001, and
the subsequent addendums dated November 9, 2001, and April 2, 2002. Any proposed site plans submitted
in the October 19, 2001 application that have a subsequent revised site plan submitted in the November 9,
2001,or April 2, 2002 addendums are not authorized by this certification. Instead, for all impacts where a
proposed site design as provided in the original October 19, 2001 application was revised and submitted in
the November 19, 2001 and April 2, 2002 addendums, the drawings with the latest date of revision are
authorized. The purpose of the authorized impacts is the construction of the US 64 bypass of Knightdale
and a portion of the East Wake Expressway (Future 1-540 Outer Loop) from existing US 64 to the proposed
US 64 bypass in wake County. This certification supersedes the 401 Water Quality Certification approved
on April 5, 2002.
The application provides adequate assurance that the discharges of fill material into the waters of the Nesue
River Basin in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that.this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described
in the Public Notice. Should your project change, you are required to notify the DWQ and submit a new
application. If the property is sold, the new owner must be given a copy of this Certification and approval
letter, and is thereby responsible for complying with all the conditions. Any additional impacts to wetlands,
streams, or buffers, for this project (now onin the future) will require additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7), and 15A NCAC 213 .0233. For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed
regulations. This Certification shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%n recycled/ 10% post consumer paper
A-1t)
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
400 4A
NCDENR
(NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall be in full compliance with all specifications governing the proper design, installation and.
operation and maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not
designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10
NTUs in trout waters);
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored after the Division of Land
Resources has released the project;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI
or ROD shall become conditions of this Certification;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities.
6. All channel relocations will be constructed in a dry work area, and stabilized before stream flows
are diverted. Channel relocations will be completed and stabilized prior to diverting water into
the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an
entire growing season. Vegetation used for bank stabilization shall.be limited to r:.tive woody
species, and should include establishment of a 30 foot wide wooded and an adjacent'20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-rap
coverage requested.
7. Compensatory mitigation for impacts to streams shall be done for 7122 linear feet of stream
impact at a replacement ratio of 1:1. Compensatory mitigation for impacts to jurisdictional
streams shall be provided by onsite stream relocations of 1321 linear feet of streams on site as
described (i.e. a stable stream pattern, dimension, and profile) in the March 24, 2000 revised
permit application. Of the 1321 linear feet of total proposed onsite mitigation, 787 linear feet is
located at Site 4 in Segment CC (between stations 155+00 and 157+00) of the project. No
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%r, post consumer paper.
4-11
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
NCDENR
(NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND (NATURAL RESOURCES
impacts to Site 4 in Segment CC of the projects are authorized until a final design that provides a
stable stream pattern, dimension, and profile is submitted to and approved in writing by the NC
Division of Water Quality 401 Wetlands Unit. All stream relocations shall have 50-foot wooded
buffers planted on both sides of the stream. As-Builts for the completed streams shall be
submitted to the North Carolina Division of Water Quality 401 Wetlands Unit within 30 days of
the completion of the construction of the relocations. If the parameters of this condition are not
met, then the NCDOT shall supply additional stream mitigation for the 787 linear feet of impacts.
In addition to the 1321 linear feet of on-site mitigation, compensatory mitigation for an additional
5801 linear feet of streams is required. We understand that you have chosen to perform
compensatory mitigation for impacts to streams through an in lieu payment to the North Carolina
Wetland Restoration Program (NCWRP), and that the WRP has agreed to implement the
mitigation for the project. Mitigation for unavoidable impacts to streams shall be provided
through an in-lieu payment to the North Carolina Wetlands Restoration Program (NCWRP) at a
rate of $125 per linear foot. Therefore, a total payment of $725,125 shall be submitted to the
NCWRP to offset the impacts. No construction activities in jurisdictional streams shall begin
until payment for stream mitigation is made and the Wetland Restoration Program receives and
clears your check (made payable to DENR - Wetland Restoration Program). The payment to
NCWRP shall be sent within two months of issuance of the 404 permit. If you have any questions
concerning the Wetland Restoration Program please contact them at 919-733-5208.
8. Compensatory mitigation for impacts to wetlands shall be done for 12.95 acres of impacts.
Applying a replacement ration of 2:1 total mitigation for 25.90 acres of riparian wetlands shall be
provided as described below.

ation
f Miti
A
Type of Replacement g
cres o
Mitigation Site Acres of WL Mitigation Ratio Credited
Debited from
Site
8
55
Benson Grove 8.55 Restoration 1:1 .
Mitigation Site
95
14
Mingo Creek 28.6 Preservation 1.9:1 .
Mitigation Site
Marks Creek
4.40
Restoration
1:1
4.40
Mitigation Site
25.90
Total
9. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive
. velocities, unless approved otherwise by this certification.

Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
x-12
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
A VA,
• •
T41
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND (NATURAL RESOURCES
10. Of the total 40.56 acres of impacts to protected riparian buffers, compensatory mitigation for
impacts to 34.69 acres of Neuse Riparian Buffers shall be provided for as described below.
Zone of
k9 pact Impacts
(Acres) Replacement
Ratio Total Acres of
Miti ation Re uired
_
Zone 1 21.14 3:1 63.42
Zone 2 13.55 1.5:1 20.33
Total 83.75
We understand that you have chosen to perform compensatory mitigation for impacts to protected
buffers through an in lieu payment to the North Carolina Wetland Restoration Program
(NCWRP), and that the VW has agreed to implement the mitigation for the project. Mitigation
for unavoidable impacts to Neuse Riparian Buffers shall be provided through an in-lieu payment
to the North Carolina Wetlands Restoration Program (NCWRP) at a rate of $41,625 per acre for
83.75 acres of buffer impact. Therefore, a total payment of $3,486,094 shall be submitted to the
NCWRP to offset the impacts. No construction activities in Neuse River Riparian buffers shall
begin until payment for buffer mitigation is made and the Wetland Restoration Program receives
and clears your check (made payable to DENR - Wetland Restoration Program). The payment to
NCWRP shall be sent within two months of issuance of the 404 permit. If you have any
questions concerning the Wetland Restoration Program please contact them at 919-733-5208.
11. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification
of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality upon completion of the project.
12. Placement of culverts and other structures in waters,. streams, and wetlands must be placed below
the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be
shown to DWQ that providing passage would be impractical. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium shall be maintained if requested in writing by DWQ.
\ 13. No changes to the horizontal or vertical placement of the stormwater outfall locations, the
horizontal or vertical placement of the culverts, the horizontal or vertical placement of bridges, .
the horizontal or vertical placement of grassed swales, or the horizontal or vertical placement of
open ditches is permitted without written approval from the NC Division of Water Quality 401
Wetlands Unit. In addition, no changes to the flow spreader locations or designs, preformed
scour hole locations or designs are permitted without written approval from the NC Division of
Water Quality 401 Wetlands Unit. Any request for changes to the referenced items above will
require submittal of a modification request, with seven copies, and corresponding fees will need
to be submitted to the North Carolina Division of Water Quality.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
A-13
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MOM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
14. When final design plans are completed for the section of the East Wake Expressway (R-2641,
Future I-540 Outer Loop) from existing US 64 to the proposed US 64 bypass located in Wake
County, a modification to the 401 Water Quality Certification shall be submitted with seven
copies and fees to the NC Division of Water Quality. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters, and buffers. Construction activities that impact any wetlands, streams, and other surface
waters, or buffers located in the referenced section shall begin only after NCDOT applies for and
receives a modified 401Water Quality Certification from the NC Division of Water Quality. This
condition does not apply to the proposed interchange of project R-2641 and R-2547, it is
approved as described previously in this certification.
15. No construction activities are authorized for the project until NCDOT provides and gets written
approval from the NC Division of Water Quality for appropriate engineering construction details
for all proposed level spreaders and pre-formed scour holes in Segment CC of the project.
16. No construction activities are authorized in segment CC of the project until a final design that
provides a stable stream pattern, dimension, and profile for the proposed stream relocation from
station 155+00 to 157+00 is submitted by NCDOT, and approved by the NC Division of Water
Quality 401 Wetlands Unit.
17. Given the multiple set of addendums to the original application, NCDOT shall provide to the
NCDWQ a final of site drawings within 2 months of the date of issuance of the 401 Water Quality
Certification that reflects the authorized impacts in this certification.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or Coastal Area
Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA. permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition c0liforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of, _-%
AdministrativeHearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an
original Certification, you have the right to an adjudicatory hearing on the modifications upon written \
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This t 10 h day of April 2002
DIVISI N O QUALITY
r
o J. Thorpe, Ph.D.
Acting Director
WQC No. 3377
Wetlands/401 Unit 1650 Mail Service Center Raleigh. North Carolina 27699-1621
Telephone [phone] FAX [phone]
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4
r
DEPARTMENT OF THE ARMY PERMIT
NC Department of Transportation
Permittee
200220819
Permit No.
Issuing Office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
Place fill material impacting impacting a total of 27.43 acres of waters of the United
States, including 12.97 acre of wetlands (including 0.02 acre of temporary impact), 13.76 acres
of ponds, and 9,560 linear feet of stream, for construction the US 64 Knightdale Bypass,
extending from the I-440 Beltline in Raleigh to existing US 64 east of Knightdale (T.I.P. No. R-
2547), and the connector to the future I-540 Northern Wake Expressway (T.I.P. No. R-2641).
Project Locatil!r:ossing the Neuse River, Crabtree Creek, Mango Creek, Poplar Creek, Marks Creek,
unnamed tributaries, and adjacent wetlands, generally south of Knightdale, in Wake County,
North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for. completing the work authorized ends on ner,?nhpr 31 9nn-ri If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENO FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
1
A-15
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate ,its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326A and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE)
NC DEPARTMENT OF TRANSPORTATION
;?- z,g # r-
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT ENGI ER) (DATE)
JAMES W. D LONY, COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
V)40
SPECIAL CONDITIONS (Action ID. 2002-2-0819; NCDOT/TIP R-2547/R-2641)
a. All work -authorized by this permit must be prepared in strict compliance with the
attached plans, which are a part of this permit.
b. The permittee shall mitigate for 12.95 acres of unavoidable impacts to wetlands, and
7,815 linear feet of impact to important streams, for the project, as described below (4.4 acres of
wetland restoration at the Marks Creek, Phase II, mitigation-site, 8.6 acres of wetland restoration
at the Benson Grove Church Mitigation Site, 28.6 acres of wetlands preservation, along with
upland buffer preservation, at the Mingo Creek mitigation site, 1,321 linear feet of onsite stream
relocation, and 6,254 linear feet of stream mitigation and 83.75 acres of stream buffer mitigation
through the North Carolina Wetlands Restoration Program (NCWRP), in the upper Neuse River
basin (Cataloging Unit 03020201)).
MARKS CREEK WETLANDS RESTORATION
c. The permittee shall implement the compensatory wetland mitigation plan entitled
"Stream and Wetland Mitigation Plan, Marks Creek, Phase II" dated September, 2001, to provide
the restoration described in condition d. below.
d. The permittee shall mitigate for 2.2 acres of unavoidable impacts to wetlands
associated with this project with 4.4 acres of wetland restoration, at the Marks Creek, Phase II
Mitigation Site.
e. NCDOT will do a boundary survey of the 4.4 acres of wetland restoration at the Marks
Creek, Phase II Mitigation Site, and submit a copy of the survey to the District Engineer within
90 days after construction of the site is completed.
, f. The permittee will monitor the site vegetation between June 1 and November 30,
inclusively, of each year, and document plant mortality and stress. A minimum of two 0.05 acre
sample plots will be established within each planting zone, and will be placed randomly within
representative positions.in the restoration area. The permittee will continue monitoring of the
planting areas annually until the respective performance criteria are met, as described below.
BENSON GROVE CHURCH WETLANDS RESTORATION
g. The permittee shall implement the compensatory wetland mitigation plan entitled "
Benson Grove Church Wetland Mitigation Plan" dated October 4, 2001, to provide the
restoration described in condition h. below.
h. The permittee shall mitigate for 4.3 acres of unavoidable impacts to wetlands
associated with this project with 8.6 acres of wetland restoration, at the Benson Grove Church
Mitigation Site.
A-17
2
i. NCDOT will do a boundary survey of the 8.6 acres of wetland restoration at the
Benson Grove Church Mitigation Site, and submit a copy of the survey to the District Engineer
within 90 days after construction of the site is completed.
j. The permittee will monitor the site vegetation between June 1 and November 30,
inclusively, of each year, and document plant mortality and stress. A minimum of one 0.05 acre
sample plot will be used, and will be placed randomly within a representative position in the 8.6
acre restoration area. The permittee will continue monitoring of the planting areas annually until
the respective performance criteria are met, as described below.
MARKS CREEK AND BENSON GROVE CHURCH MITIGATION MONITORING
k. Performance criteria for tree planting areas will be met if sample plots demonstrate
that for each, of the first three complete years of monitoring, 320 target-species trees per acre
have survived, such that at the end of three years, 320 three-year old target-species trees per acre
have survived on the site, and, in years four and five, 288 and 260 trees per acre, respectively,
have survived on the site, such that at the end of year five, 260 five-year old target-species trees
per acre have survived on the site.
1. If for any monitoring year, vegetation survival is not favorable, as determined by the
Corps of Engineers, any remedial action required by the Corps of Engineers will be performed,
the required restoration areas will be replanted, and the five-year monitoring period will begin
again with year one.
m. Hydrology in the restoration areas will be monitored through the use of monitoring
gauges during each growing season for the first five years of the vegetative monitoring, or until
performance criteria have been met, whichever occurs later. A minimum of 11 groundwater
gauges, and 3 surface water gauges, will be used within the total wetland restoration/creation
area at Marks Creek, Phase II, and a minimum of fourteen gauges will be used within the
wetland restoration area at Benson Grove Church.
n. To meet the hydrology success criteria, the monitoring data must show that for each
normal precipitation year within the monitoring period, the site has been inundated or saturated
within the upper 12 inches of the soil for a minimum of 12.5% of the growing season (28
consecutive days for Wake County; 29 consecutive days for Johnston County). WETS tables
for Wake County and Johnston County will be utilized as appropriate to determine normal
precipitation years.
A-is
o. If there are no normal precipitation years during the first five years of monitoring, to
meet performance criteria, the permittee will continue to monitor hydrology on the site until it
shows that the site has been inundated or saturated as described above during a normal
precipitation year.
p. In the alternative, and at the Corps' discretion, a site may be found to meet the
hydrology performance criteria on the basis of comparison of monitoring data taken from the site
with monitoring data taken from an established jurisdictional mitigation reference site approved
by the Corps. The Corps retains the discretion to find that the hydrology criteria are met if such
monitoring data from the mitigation site and the reference site are substantially the same. This
finding by the Corps may be made during years with or without normal rainfall.
q. In the event there are years of normal precipitation during the monitoring period, and
the data for those years do not show that the site has been inundated or saturated within the upper
12 inches of the soil for a minimum of 12.5 % of the growing season (28 or 29 consecutive days)
during a normal precipitation year, the Corps may require remedial action. The permittee shall
perform such required remedial action, and continue to monitor hydrology on the site until it
displays that the site has been inundated or saturated as described above, during a normal
precipitation year. If the Corps determines that further remediation is not appropriate, other
options will be considered, including use of a different site to mitigate for project impacts,
r. The permittee will submit yearly mitigation monitoring reports by the first day of
February after each assessment period, for five years following final site manipulation. These
reports will include, at a minimum, sample plot, well and rainfall data; number of individuals of
each tree species within each sample plot; photographs, including a location key; and
problems/resolution, and will be provided to both the Corps and the North Carolina Division of
Water Quality.
. MINGO CREEK WETLANDS PRESERVATION
s. The permittee shall implement the compensatory wetland mitigation plan entitled "
Restoration and Conservation Management Plan for the Mingo Creek Mitigation Site" dated
September, 2001, to provide the preservation described in condition d. below.
t. The permittee shall mitigate for 6.5 acres of unavoidable impacts to wetlands
associated with this project with 28.6 acres of wetland preservation, and additional upland buffer
preservation, at the Mingo Creek Mitigation Site.
u. NCDOT will do a boundary survey of the 205 acres of wetland preservation and
upland buffer preservation at the Mingo Creek Mitigation Site, and submit a copy of the survey
to the District Engineer within 90 days after this permit is issued.
V19
4
GENERAL WETLANDS MITIGATION
v. All site preparation activities at the Marks Creek and Benson Grove Church
Mitigation Sites shall be completed by March 15, 2003. An "as built" plan, which describes the
completed mitigation project, including variations from the original plan, location of sample
plots, location of monitoring gauges, final project elevations, and photographs, including a
location key, shall be submitted to the District Engineer within 60 days of wetland mitigation
planting.
w. The permittee and subsequent property owners shall maintain the Marks Creek,
Benson Grove Church and Mingo Creek Mitigation Sites in their natural condition, as altered by
work in the mitigation plans, in perpetuity. Prohibited activities within the mitigation sites
specifically include, but are not limited to: the construction or placement of roads, walkways,
buildings, signs, or structures of any kind (i.e., billboards, interior fences, etc.); filling, grading,
excavation, leveling, or any other earth moving activity or activity that may alter the drainage
patterns on the property; the cutting, mowing, destruction, removal, or other damage of any
vegetation; disposal or storage of any debris, trash, garbage, or other waste material; except as
may be authorized by the mitigation plans, or subsequent modifications that are approved by the
Corps of Engineers. In addition, the permittee shall take no action, whether on or off the
mitigation properties, which will adversely impact the wetlands on the mitigation properties,
except as specifically authorized by this permit, or subsequent modifications that are approved
by the Corps of Engineers.
x. The permittee shall make every effort to convey the Marks Creek, Benson Grove
Church and Mingo Creek Mitigation Site properties to a nonprofit conservation organization or a
natural resource agency, which is willing to hold the areas in perpetuity for conservation
purposes, and which is acceptable to the Corps of Engineers. The annual monitoring reports, as
required; will include the status of the conveyance efforts.
y. The permittee shall not sell or otherwise convey any interest in the properties used to
satisfy mitigation requirements for this permit, to any third party, without 10 days prior
notification to Wilmington District Corps of Engineers in writing, which writing shall reference
this permit Action ID number.
z. Any sale, lease, or other conveyance of the mitigation site properties shall include
restrictions on the use of the properties as described in condition y. above, which conditions shall
be enforced by the North Carolina Department of Transportation. Such restrictions shall include
language providing for third party enforcement rights in favor of the Corps of Engineers. Such
restrictions must be approved prior to conveyance by the Corps of Engineers.
R -ao
5
ONSITE STREAM RELOCATION
aa. The permittee shall mitigate for 1,321 linear feet of unavoidable impacts to important
stream channel associated with this project by completing 1,321 linear feet of onsite stream
relocation, as described in the permit application. The stream relocation shall be constructed in
accordance with the North Carolina Wildlife Resources Commission's (NCWRC) "Stream
Relocation Guidelines", and with the attached permit drawings. NCDOT shall consult with
NCWRC on all stream relocations and implement all practicable recommendations in the design
of specific site requirements for re-establishment of bank vegetation, and placement of meanders
and habitat structures. Vegetation shall be used to the maximum extent practicable to stabilize
banks, and riprap and other man-made structural measures shall be minimized. The relocations
will be constructed in a dry work area, and NCDOT shall ensure that the stream channel is
sufficiently stabilized prior to the diversion of water into the new channel.
bb. The permittee shall visually monitor the vegetative plantings on all mitigation stream
banks to assess and insure complete stabilization of the mitigation stream segments. This
monitoring shall include adequate visual monitoring of planted vegetation quarterly for a
minimum of two years after final planting, and appropriate remedial actions (e.g., replanting,
streambank grading, etc.). If within any monitoring year, bank stabilization is not acceptable as
determined by the Corps of Engineers,-and remedial action required by the Corps of Engineers is
performed, the two year monitoring of the affected portions of the stream will begin again. The
permittee will coordinate stream mitigation activities with the Corps of Engineers, Raleigh
Regulatory Field Office Project Manager, and will report verbally on the status of the stream
mitigation within thirty days of the quarterly monitoring. The permittee will submit a brief
written report with representative photographs within 90 days after the monitoring year is
completed.
NCWRP STREAM MITIGATION
cc. The permittee shall mitigate for 6,254 linear feet of unavoidable impacts to important
stream channel associated with this project by payment to the North Carolina Wetlands
Restoration Program (NCWRP) in an amount determined by the NCWRP sufficient to perform
6,254 linear feet of warm water stream mitigation, or the equivalent water quality improvement
projects, as approved by the Corps of Engineers, and 83.75 acres of stream buffer mitigation, in
the upper Neuse River basin (Cataloging Unit 03020201). Construction within streams on the
permitted highway project shall begin only after the permittee has made full payment to the
NCWRP, and the NCWRP has made written confirmation to the District Engineer, that it agrees
to accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of Environment and
Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November
4; 1998.

6
GENERAL MITIGATION
dd. The permittee shall contact the Corps of Engineers, Raleigh Regulatory Field Office
NCDOT Regulatory Project Manager for this project, to provide that individual with the
opportunity to attend the yearly mitigation monitoring efforts.
ee. Failure to institute and carry out the details of special conditions a. - dd., above, will
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with the permitted project, or such other remedy as the District Engineer or his
authorized representatives may seek.
OTHER CONDITIONS
ff. When final design plans are completed for TIP R-2641 (Eastern Wake Expressway
from existing US 64 to US 64 Bypass), any necessary permit modifications shall be submitted to
.the District Engineer and the North Carolina Division of Water Quality (NCDWQ). If necessary,
a public notice will be circulated for review. Final designs shall reflect all appropriate
avoidance, minimization, and a compensatory mitigation plan for impacts within streams and
wetlands. Construction within streams and wetlands on TIP R-2641 shall begin only after
approval by the District Engineer of the modified impacts.
gg. NCDOT shall use "High Quality Waters" sedimentation and erosion control
measures throughout the entire project.
hh. Prior to commencing construction within jurisdictional waters of the United States,
the permittee shall forward the latest version of project construction drawings to the Corps of
Engineers, Raleigh Regulatory Field Office NCDOT Regulatory Project Manager. Half-size
drawings are acceptable.
ii. The permittee shall schedule a meeting between its representatives, the contractor's
representatives, and the Corps of Engineers, Raleigh Regulatory Field Office NCDOT Regulatory
Project Manager, prior to any work within jurisdictional waters and wetlands, to ensure that there is a
mutual understanding of all of the terms and conditions contained within this Department of the
Army Permit. The permittee shall notify the Corps of Engineers Project Manager a minimum of
thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample
opportunity to schedule and participate in the required meeting.
jj. The permittee and its contractors and/or agents shall not excavate, fill, or perform
mechanized landclearing at any time in the construction or maintenance of this project within
waters and/or wetlands, except as authorized by this permit, or any modification to this permit.
k -,9a
7
There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit, including appropriate
compensatory mitigation. This prohibition applies to all borrow and fill activities connected with
this project.
kk. To ensure that all borrow and waste activities occur on high ground, except as
authorized by this permit, the permittee shall require its contractors and/or agents to identify all
areas tote used to borrow material, or to dispose of dredged, fill, or waste material. The
permittee shall ensure that all such areas comply with the preceding condition Oj.) of this permit,
and shall require and maintain documentation of the location and characteristics of all borrow
and disposal sites associated with this project. This information will include data regarding soils,
vegetation and hydrology sufficient to clearly demonstrate compliance with the preceding
condition Oj.). All information will be available to the Corps of Engineers upon request.
11. The permittee shall comply with the conditions specified in the water quality
certification, No. 3377, issued by the North Carolina Division of Water Quality on
April 10, 2002.
mm. The permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual to assure compliance with the appropriate
turbidity water quality standard (50 NTU's in all streams and rivers, and 25 NTU's in all lakes).
nn. The permittee shall remove all sediment and erosion control measures placed in
wetlands or waters, and shall restore natural grades in those areas, prior to project completion.
ti oo. The permittee shall take measures to prevent live or fresh concrete from coming into
contact with any surface waters until the concrete has hardened.
pp. The. permittee shall ensure compliance with the stipulations (excepting stipulations 5
and 6) set forth in the Memorandum of Agreement (MOA) between the Federal Highway
Administration, the North Carolina State Historic Preservation Officer, and the North Carolina
Department of Transportation. The permittee shall complete the requirements of the stipulations
of the MOA prior to completion of construction of that section of the highway project which
affects the particular archaeological sites; A copy of the Memorandum of Agreement is attached.
qq. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required State/Federal coordination.
A -a3

8
rr. No excavated or fill material will be placed at any time in waters or wetlands outside the
permitted construction areas, nor will it be placed in any location or in any manner so as to impair
surface water flow into or out of any wetland area.
ss. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without transferring it to a third party.
tt. All fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
uu. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
vv. This permit does not grant any property rights or exclusive privileges.
ww. In issuing this permit, the Federal Government does not assume any liability for:
1. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
2. Damages to the permitted project or uses thereof as a result of current or future
Federal activities initiated on behalf of the general public.
3. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.
4. Design and construction deficiencies associated with the permitted work.
5. Damage claims associated with any future modification, suspension, or
revocation of this permit.
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Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
September 17, 2002
MEMORANDUM
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Division of Historical Resources
David J. Olson, Director
TO: Matt Wilkerson, Archaeology Supervisor
NCDOT Project Development and Environmental Analysis Branch
FROM: David Brook i C PdLo O k-
SUBJECT: Archaeological Testing Report, US 64 Bypass from I-440 to US 64 west of Wendell
and Eastern Wake Expressway from existing US 64 to SR 1007 (Poole Road),
Federal Project No. MAF-36-1(33), State Project No. 8.1402202,
Wake County, ER 91-7014 and ER 02-9469
Thank you for your letter of July 31, 2001, transmitting the archaeological survey report by Paul
Mohler and Brian Overton of your staff for the above project.
For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur
that the following properties are not eligible for listing in the National Register of Historic Places
under criterion D:
31WA1338 and 31WA1352
As a result of the test excavations and examination it has been determined that neither of these sites
retain sufficient cultural deposits nor integrity to yield important information. We concur that no
additional archaeological investigations are warranted for these two sites.
Testing of the portion of site 31 WA1391 ** within the area of potential effect determined that no
archaeological deposits will be affected by the proposed project and concur that the site boundaries
should be altered and no additional archaeological investigations are warranted for this site unless
project plans are altered.
Archaeological site 31 WA1359 is outside of the area of potential effect but was acquired by
NCDOT for this project as part of a larger parcel. As noted in the report, it is the intention of
NCDOT to place a preservation easement on the -site to insure that it is not inadvertently damaged
or destroyed. We would like to review the provisions of the easement. The report also states that the
site is being subjected to erosion. We recommend that NCDOT take steps to prevent any further
erosion at the site as soon as possible so the archaeological sites will not be damaged.
Location Mailing Address Telephone/Fax
Wministration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 276994617 (919) 7334763 9733-8653
testoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 [phone].715-4801
survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 [phone] •715-4801
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I
Page 2
?y
Matt Wilkerson
September 17, 2002
The report meets our office's guidelines and those of the Secretary of the Interior. For future
reference, please note that the previous archaeological research section of the report (p. 14-15)
contains several errors regarding the size of the acreage of the Raleigh-Durham Airport survey and
the location and nature of some of the cited projects.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-
4763. In all future communication concerning this project, please cite the above-referenced tracking
number.
DB:kgc
cc: Paul Mohler, NCDOT
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imap:Hnicole.thomson%40dwq. denr.ncmail.net @ cros.ncmail. net:143/f...
Subject'
From: Chris Murray <[e-mail]>
Date: Thu, 13 Oct 2005 11:46:32 -0400
To: Christina Breen <[e-mail]>, Nicole Thomson <[e-mail]>
CC: Bobby Downes <bdownes @dot. state.nc.us>, David B Moore <[e-mail]>
Christina and Nikki,
The NCDOT has proposed a drainage revision near Stations 13+94 to 16+14 Ramp CA on the Knightdale Connector (R-2641) in Wake County. The
revision is not located at any permitted site and does not affect any riparian buffers. I have attached two drawings to this email---the original design
and the proposed revision. Please note the highlighted area on the drawings. The proposed change is discussed below:
The original design called for Structures 113 and 6 to drain to Structure 114 which would outlet to a lateral base ditch at Station 15+00 Rt Ramp CA.
The proposed change calls for Structure 113 to outlet directly to a lateral v ditch at Station 14+00 Lt Ramp C. The proposed change in design does not
affect the location, amount, or velocity of discharge from this system. As you can see from the drawings, the system outlets through a base tail ditch
located in an upland area. The new design actually increases length of grass swale that the on-site stormwater is conveyed through before discharging
through the base tail ditch.
It does appear that this change can possibly occur without a formal permit modification as there are no additional impacts to streams, wetlands and
buffers. It is simply a design change of the drainage system in an upland portion of the project. There is no increase in stormwater flow or velocity at
the outlet of the base tail ditch. Please let me know if you concur with my assessment.
Thanks in advance for your review.
Chris Murray
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2 of 2 10/26/2005 11:39 AM
MICHAEL F. EASLEY
GOVERNOR
dµ SfA?Z
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
October 3, 2005
Mr. William D. Gilmore, P.E.
EEP Transition Manager
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
?W ..P
0,
LYNDO TIPPE`I`
SECRETARY
Subject: Neuse Buffer Mitigation Request: East Wake Expressway, I-540 from
US-64 to US-64 Bypass, Wake County. Division 5, TIP No. R-2641;
Federal Project No. NHF-DPI-0199(004); State Project No. 8.1402202.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement
Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for
the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by
the USACE, the NCDENR and the NCDOT.
We have avoided and minimized the impacts to stream buffer to the greatest extent
possible as described in the original permit application. There are additional buffer impacts that
were not originally accounted for in the original application. The mitigation for these additional
impacts will be compensated by mitigation provided by the EEP program. An application for
Modification to Section 401 permits will be submitted upon receipt of acceptance of this
mitigation. A copy of the permit application, when submitted, can be found at
http://www.ncdot.org/plaming/pe/naturalunit/Applications.html.
Neuse Riparian Buffer Mitigation
The project is located in the Piedmont Physiographic Province in Wake County in the Neuse
River Basin in Hydrological Cataloguing Unit 03040105.
Additional buffer impacts to Zone 1 are 926 sq ft and Zone 2 are 86 sq ft.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION - TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598
-94
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ
requires a formal letter from EEP indicating their willingness and ability to provide the
mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be
addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT.
Please respond to NCDOT in writing within 10 business days with an EEP acceptance
letter for this NCDOT project.
If you have any questions or need additional information please call Rachelle Beauregard
at 919-715-1383.
Sincerely,
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
cc:
Mr. John Hennessy, NCDWQ
Chrisina Breen, NCDWQ
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Omar S. Sultan, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Rachelle Beauregard, NCDOT Natural Environment Unit
2

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTAUO
MICHAEL F. EASLEY
GOVERNOR
October 3, 2005
Mr. William D. Gilmore, P.E.
EEP Transition Manager
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
1plo?
On `?f
LYNDO TIPP?
SECRETARY y
Subject: Neuse Buffer Mitigation Request: East Wake Expressway, I-540 from
US-64 to US764 Bypass, Wake County. Division 5, TIP No. R-2641;
Federal Project No. NHF-DPI-0199(004); State Project No. 8.1402202.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement
Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for
the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by
the USACE, the NCDENR and the NCDOT.
We have avoided and minimized the impacts to stream buffer to the greatest extent
possible as described in the original permit application. There are additional buffer impacts that
were not originally accounted for in the original application. The mitigation for these additional
impacts will be compensated by mitigation provided by the EEP program. An application for
Modification to Section 401 permits will be submitted upon receipt of acceptance of this
mitigation. A copy of the permit application, when submitted, can be found at
http://www.nedot.org//planning/pe/naturalunit/Applications.htinl.
Neuse Riparian Buffer Mitigation
The project is located in the Piedmont Physiographic Province in Wake County in the Neuse
River Basin in Hydrological Cataloguing Unit 03040105.
Additional buffer impacts to Zone 1 are 926 sq ft and Zone 2 are 86 sq ft.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER - RALEIGH NC 27604
RALEIGH NC 27699-1598 WEBSITE: WWW.NCDOT.ORG
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ
requires a formal letter from EEP indicating their willingness and ability to provide the
mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be
addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT.
Please respond to NCDOT in writing within 10 business days with an EEP acceptance
letter for this NCDOT project.
If you have any questions or need additional information please call Rachelle Beauregard
at 919-715-1383.
Sincerely, .
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
cc:
Ir John Hennessy, NCDWQ
Ms. Chrisina Breen, NCDWQ
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Omar S. Sultan, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Rachelle Beauregard, NCDOT Natural Environment Unit
2