19960715 Ver 1_Complete File_19960729

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. I-bwes,Secretary
A. Preston Fbward, Jr., P.E., Director
AT ?
?EHNR
August 20, 1996
Wake County
DWQ Project # 960715
State Project No. 8.1402103,.TIP# R-2425A
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick ;
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201 i
Raleigh, NC 27611-5201 .L : .
Dear Mr. Vick:
You have our approval to place fill material in 0.44 acres of wetlands or waters for the purpose of
widening US 401 from US 1 interchange to south of SR 2041, as you described in your application dated
19 July 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26
when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask fof a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under.Section 401 of the Clesri:
Water Act. If you have any questions, please telephone John Domey of 919-733-1,786.
Attachment
ow Wilmington District Corps of Engineers
Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Sincerely,
Pn Howard, Jr. P.E. 1
960715.1tr
G
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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STAT,
10
STATE OF NORTH CAROLINA
DEPARTMENT OF TZANSPORTATION
JAMS B. HUNT JR.
60VFRNOR
July 19, 1996
Department of Environment, Health
and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
ATTENTION: Mr. John Dorney
GARLAND B. GARRET JR.
SICREIARY
! J? ?? L y 1996
SUBJECT: Wake County, US 401, from US 1 interchange to south of SR 2041,
State Project No. 8.1402103, TIP No. R-2425A.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen US 401
from the US 1 interchange to SR 2224. The existing facility will be widened to a multi-lane
roadway in Wake County. The project has been divided into three sections and the primary
concern of this letter is Section A, from the US 1 interchange to south of SR 4400. The following
table describes each section and includes the section's scheduled date to be let to construction.
SECTION LET DATE
A February 1997
B April 1998
C October 1997
DIVISION OF HIGHWAYS
N.O. KA 25201. RAITIGI I, N.C. 27011-5201
DESCRIPTION
US l interchange to south of SR 2041
south of SR 2041 to proposed Northern Wake
Expressway
proposed Northern Wake Expressway to north of SR
2044
The proposed roadway for the A section is a six-lane curb and gutter section with a 16 foot grass
median. The length of the A section is approximately 1.3 miles.
The scope of this project was described in an Environmental Assessment (EA) that was
approved on June 2, 1994. This document includes studies pertaining to impacts to natural
systems and protected species for the project. The Finding of No Significant Impact (FONSI) was
signed on June 19, 1995. Copies of the EA and FONSI have been provided to regulatory
agencies involved in the permit review process.
I:'r?
NCDOT biologists Hal Bain and Lane Sauls delineated one jurisdictional wetland on
November 16, 1994 using the delineation criteria prescribed in the "Corps of Engineers Wetland
Delineation Manual" (Environmental Laboratory, 1987). This wetland site lies in association with
Beaver Dam Creek and is 0.44 acres in size. The eastern (downstream) portion of the site is
comprised of scrub/shrub vegetation including red maple (Acer rubrum), elderberry (Sambucus
canadensis), tag alder (Alnus serrulata), privet (Ligustrum sinense), knotweed (Polygonum sp.),
netted chain-fern (Woodwardia areolata), Japanese grass (Microstegium viminium) and touch-
me-not (Impatiens sp.). This portion of the site has a Division of Environmental Management
(DEM), third version, rating of 79 out of 100.
The western (upstream) portion of the site is a mixed pine/hardwood bottomland and
includes vegetation of loblolly pine (11inus taeda), red maple, sweet-gum (Liquidambar
styraci f7ua), tulip poplar (Lirivdendron tulipifera), privet, knotweed, Japanese honeysuckle
(Lofucera japonica) and kudzoo (I'ueraria lobata). This portion of the site has a DEM third
version rating of 44 out of 100.
NCDOT has taken measures to reduce impacts to wetlands associated with Beaver Dam
Creek. Widths of the median and roadway lanes in the Beaver Dam Creek vicinity have been
reduced to 26-foot and 11-foot from the original design of 30-foot and 12-foot, respectively.
These decreases in median and roadway lane width reduce encroachment of Beaver Dam Creek
by 10 feet.
Based on the acreage impact and the location of the wetland site above headwaters, it is
anticipated that the proposed work may be authorized under a Nationwide Permit #26. As part of
the permit, NCDOT commits to an in-stream construction moratorium in Beaver Dam Creek from
April 1 to June 15.
Thank you for you assistance with this project. If you have any questions, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincere ,
Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/mlt
cc: Mr. David Cox, NCWRC
Mr. John Hefner, USFWS
Mr. N. L. Graf, P. E., FHWA
Mr. Tom Shearin, P. E., Roadway Design
Mr. Kelly Barger, P. E., Program Development
Mr. Don Morton, P. E., Highway Design Services
Mr. A. L. Hankins, P. E., Hydraulics
Mr. John Smith, P. E., Structure Design
Mr. D. A. Allsbrook, Jr., P. E., Division 5 Engineer
IIfIIIIgtOfl I Cro arm s Schley I t 1: 1'"s 56
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Scale of Miles

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401 a s hghway system is the nation's largest stare-maintained network.
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SUMMARY REPORT
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NATIONWIDE
1 2 + 500 404 0.18 0.44 0 0 4240.0
TOTAL 0.18 0.44 0 0 4240.0

N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
WAKE COUNTY
PROJ 8.1402103 (R2425A)
US 401 FROM US1-401
INTERCHANGE TO RALEIGH
CITY LIMIT
SHEET 3 OF 3
r.
. SUT[
STATE OF NORTH CAROLINA
DEPAUMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGI I, N.C. 27611-5201
July 21, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
ATTENTION: Mr. Michael Smith
Chief, Northern Section
Dear Sir:
GARLAND B. GARRETT JR.
SECRETARY
y-
99>
SUBJECT: Wake County, US 401, from US 1 interchange to south of
SR 2041; State Project No. 8.1402103, TIP No. R-2425A; COE
Action ID 199700480.
As you are aware, the North Carolina Department of Transportation (DOT) has
begun widening US 401 from the US 1 interchange to SR 2041. The Corps of Engineers
(COE) issued a Section 404 Nationwide Permit 26 on March 28, 1997. This permit
expires January 21, 1998. The DOT believes that project construction within waters of
the United States will not be completed prior to this expiration date.
It is estimated that the current authorized work within wetlands and surface waters
can be completed by the expiration of the current regulations for a Section 404
Nationwide Permit 26, which is set to expire on December 13, 1998. The DOT requests
that the COE reauthorize the ongoing road construction under the Section 404
Nationwide Permit 26 set to expire in December 1998.
The DOT contacted the Division of Water Quality (DWQ) via E-mail on June 6,
1997, in regard to the 401 Water Quality Certification (WQC) previously issued for this
project. Ms. Cyndi Bell of the DWQ stated that the 401 WQC issued for this project is
valid through December 13, 1998.

9
Thank you for you assistance with this project. If you have any questions, please
contact Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Eric Alsmeyer, COE, Raleigh Field Office
Ms. Lisa Privette, Assistant Resident Engineer, Division 5
Mr. John Dorney, DWQ, Raleigh
Mr. David Cox, WRC, Northside
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Design Services
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William Rogers, P.E., Structure Design
00
e' Y5rArrt
I4-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRErr JR.
60V4KNOR P.O. WX 25201. RALEIGI 1, N.C. 27611-5201 SECRETARY
July 21, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
ATTENTION: Mr. Michael Smith
Chief, Northern Section
Dear Sir:
SUBJECT: Wake County, US 401, from US 1 interchange to south of
SR 2041; State Project No. 8.1402103, TIP No. R-2425A; COE
Action ID 199700480.
As you are aware, the North Carolina Department of Transportation (DOT) has
begun widening US 401 from the US 1 interchange to SR 2041. The Corps of Engineers
(COE) issued a Section 404 Nationwide Permit 26 on March 28, 1997. This permit
expires January 21, 1998. The DOT believes that project construction within waters of
the United States will not be completed prior to this expiration date.
It is estimated that the current authorized work within wetlands and surface waters
can be completed by the expiration of the current regulations for a Section 404
Nationwide Permit 26, which is set to expire on December 13, 1998. The DOT requests
that the COE reauthorize the ongoing road construction under the Section 404
Nationwide Permit 26 set to expire in December 1998.
The DOT contacted the Division of Water Quality (DWQ) via E-mail on June 6,
1997, in regard to the 401 Water Quality Certification (WQC) previously issued for this
project. Ms. Cyndi Bell of the DWQ stated that the 401 WQC issued for this project is
valid through December 13, 1998.
Ef?.f:wt,:*
-rim
Thank you for you assistance with this project. If you have any questions, please
contact Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Eric Alsmeyer, COE, Raleigh Field Office
Ms. Lisa Privette, Assistant Resident Engineer, Division 5
Mr. John Dorney, DWQ, Raleigh
Mr. David Cox, WRC, Northside
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Design Services
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William Rogers, P.E., Structure Design
Ll
N. C. DEPARTMENT OF TRANSPORTATION

TRANSMITTAL SLIP DATE
RMF. NO. OR ROOM. BLDG.

FROM: REF. NO. OR ROOM. BLDG.
ACT ION
? NOT[ AND FILM ? PER OUR CONVERSATION
? NOTE AND RETURN TO M[ ? PER YOUR RMGUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE M[ ASOUT TNIf FOR YOUR INFORMATION
? PLtAfi ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS1

STA/[
a ,;
??ti orr.?,r
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETr JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
February 5, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolina 27609
ATTENTION: Mr. Michael Smith
Chief, Northern Section
Dear Sir:
K
N

SUB.IECT: Wake County, US 401, from US 1 interchange to south of
SR 2044, State Project No. 8.1402103, TIP No. R-2425A.
r J
??sc?Fti
?s
The North Carolina Department of Transportation (DOT) proposes to widen
US 401 from the US 1 interchange to SR 2044. The existing facility will be widened to a
multi-lane roadway in Wake County. The project has been divided into three sections and
the primary concern of this letter is Section A, from the US 1 interchange to south of
SR 2041. Table 1 includes a description of each section's scheduled let date and termini.
Table 1. Let Schedule for TIP No. R-2425 SECTION LET DATE DESCRIPTION;-
...... ......... ...
A March 1997 US l interchange to south of SR 2041
B June 1998 south of SR 2041 to proposed Northern Wake Expressway
C June 1999 roposed Northern Wake Ex resswa to north of SR 2044
Tile proposed roadway for the A section is a six-lane curb and Sutter section with a 16
foot grass median. The length of the A section is approximately 1.4 miles.
The scope of this project was described in an Environmental Assessment (EA) that
was approved on June 2, 1994. This document includes studies pertaining to impacts to
natural systems and protected species for the project. The Finding of No Significant
Impact (FONSI) was signed on June 19, 1995. Copies of the EA and FONSI have been
provided to regulatory agencies involved in the permit review process.
0
2
Wetland delineations were conducted using the field delineation methods outlined
in the 1987 U.S. Army Corps of Engineers (COE) Wetland Delineation Manual. NCDOT
biologists Hal Bain and Lane Sauls delineated one jurisdictional wetland on 16 November
1994. This wetland site lies in association with Beaver Dam Creek and has a size of 0.44
acres. The eastern (downstream) portion of the site is comprised of scrub/shrub
vegetation including red maple (Ater iwbrttm), elderberry (Sambucus canadensis), tag
alder (Ahms serrulata), privet (Ligustrum sinense), knotweed (1'olygonum sp.), netted
chain-fern (Woodwwrdia areolata), Japanese grass (Microstegitim 0minium) and touch-
me-not (lmpatien.s sp.). This portion of the site has a Division of Environmental
Management (DEM), third version, rating of 79 out of 100.
The western (upstream) portion of the site is a mixed pine/hardwood bottomland
and includes vegetation of loblolly pine (Pines taeda), red maple, sweet-gum
(Liquidambar styraciflua), tulip poplar (Liriodendron tnlipifera), privet, knotweed,
Japanese honeysuckle (Lonicera japonica) and kudzoo (Pueraria lobata). This portion of
the site has a DEM third version rating of 44 out of 100.
The DOT has taken measures to reduce impacts to wetlands associated with
Beaver Dam Creek. Widths of the median and roadway lanes in the Beaver Dam Creek
vicinity have been reduced to 26-foot and 11-foot from the original design of 30-foot and
12-foot, respectively. This decrease in median and roadway lane width reduces
encroachment of Beaver Dam Creek by 10 feet.
The DOT has applied for and received a General 401 Water Quality Certification
from the Division of Water Quality. The General 401 Water Quality Certification is dated
20 August 1996.
Under the permit regulations for Section 404 Nationwide Permit 26 that is set to
expire 17 January 1997, the DOT would not notify the COE of wetland impacts under an
acre and above headwaters. Therefore, notification to the COE for this project was not
made because the impacts to jurisdictional wetlands occur at one site, are under an acre
(actually 0.44 acre) and are above headwaters. The DOT is asking that this project, be
considered under these rules.
In a conversation between Mr. Eric Alsmeyer of the COE Raleigh Regulatory and
Mr. Phillip Todd of our office, a request was made to account for DOT expenditures to
date for the project. Total expenditures to date is $4.6 million with $2 million being spent
for preliminary engineering of the entire project and $2.6 million being spent in right-of-
way costs for Section A of the project alone. Right-of-way acquisition for Section A was
completed in November 1996.
A completed notification form, site map and plan sheet are included with this cover
letter. A copy of the General 401 Water Quality Certification has also been enclosed. As
part of the permit, NCDOT commits to an in-stream construction moratorium in Beaver
Dam Creek from April 1 to June 15.
Thank you for you assistance with this project. If you have any questions, please
contact Mr. Phillip Todd at [phone] Extension 314.
Sincer
% . k. i
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Eric Alsmeyer, COE, Raleigh Field Office
DEM ID: 960715 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
A=: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Bo?: 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N C Dept of Transportation; Planning and Environmental Branch
--
2. Owners Address: P 0 Box 25201: Raleigh NC 27611
3. Owners Phone Number (Home):
(Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
H. Franklin Vick P.E. Manager
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Raleigh
Specific Location (Include road numbers, landmarks, etc.): US 401, from US -1 interchange to South of
SR 2041
6. Name of Closest Strearn/River: Beaver Dam Creek
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES V] NO [ ]
If yes, explain. See cover letter
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.44 acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.44 acre
Drained:
Flooded:
Excavated:
TotalImpacted: 0.44 acre
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
See cover letter
13. Purpose of proposed work: Public Roadway
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
_ See cover letter - Public Roadway.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X ] NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO[
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal? - -
97
O er's Signature Date
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
VICINITY WAKE COUNTY
PROJ 8.1402103 (R2425A)
MAPS US 401 FROM USl-401
INTERCHANGE TO RALEIGH
CI'T'Y LIMIT
SHEET OF 3
SUMMARY REPORT
TOTAL 0.18 0.44 0 0 4240.0
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAY'S
WAKE COUNT'
PROJ 8.1402103 (R2425 A)
US 401 FROM US1-401
INTERCHANGE TO RALEIGH
CITY LIb1IT
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt,Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Haward,Jr., P.E., D i re c to r
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
August 20, 1996
Wake County
DWQ Project # 960715
State Project No. 8.1402103, TIP# R-2425A

You have our approval to place fill material in 0.44 acres of wetlands or waters for the purpose of
widening US 401 from US 1 interchange to south of SR 2041, as you described in your application dated
19 July 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26
when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your projec.L
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask foc a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its ,
conditions are final and binding unless you ask for a hearing. ,
This letter completes the review of the Division of Water Quality ubder,Secdon 401 of the Zlean.
Water Act If you have any questions, please telephone John Domey.a;t 919-733-1,786.
Attachment
cc Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
_ Raleigh DWQ Regional Office
Mr. John Dorsey
Central Files
Sincerely,
Howard, Jr. P.E.
i

GE
O
9' ?iv3 1996 z
r1`, .
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Ready Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycledll0% post consumer papef

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STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
February 5, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolina 27609
ATTENTION: Mr. Michael Smith
Chief, Northern Section
Dear Sir:
GARLAND B. GARRETT JP_
SECRETARY
SUBJECT:' Wake County, US 401, from US 1 interchange to south of
SR 2044, State Project No. 8.1402103, TIP No. R-2425A.
The North Carolina Department of Transportation (DOT) proposes to widen
US 401 from the US 1 interchange to SR 2044. The existing facility will be widened to a
multi-lane roadway in Wake County. The project has been divided into three sections and
the primary concern of this letter is Section A, from the US 1 interchange to south of
SR 2041. Table 1 includes a description of each section's scheduled let date and termini.
R Z42?
Table 1. Let Schedule for TIP No.
SECTION' LET DATE DESCRIPTION
..... ................... ................................. .... ..... .
............:.:........:........:.
A March 1997 US 1 interchange to south of SR 2041
B June 1998 south of SR 2041 to proposed Northern Wake Expressway
C June 1999 proposed Northern Wake Ex resswa to north of SR 2044
The proposed roadway for the A section is a six-lane curb and gutter section with a 16
foot grass median. The length of the A section is approximately 1.4 miles.
The scope of this project was described in an Environmental Assessment (EA) that
was approved on June 2, 1994. This document includes studies pertaining to impacts to
natural systems and protected species for the project. The Finding of No Significant
Impact (FONSI) was signed on June 19, 1995. Copies of the EA and FONSI have been
provided to regulatory agencies involved in the permit review process.

2
Wetland delineations were conducted using the field delineation methods outlined
in the 1987 U.S. Army Corps of Engineers (COE) Wetland Delineation Manual. NCDOT
biologists Hal Bain and Lane Sauls delineated one jurisdictional wetland on 16 November
1994. This wetland site lies in association with Beaver Dam Creek and has a size of 0.44
acres. The eastern (downstream) portion of the site is comprised of scrub/shrub
vegetation including red maple (Ater rubrum), elderberry (Sambucus carradensis), tag
alder (Ahnis serrulala), privet (Liguslrum sinense), knotweed (Polygotnim sp.), netted
chain-fern (Woochrardia areolala), Japanese grass (Microslegium >>iminirrm) and touch-
me-not (Impaliens sp.). This portion of the site has a Division of Environmental
Management (DEM), third version, rating of 79 out of 100.
The western (upstream) portion of the site is a mixed pine/hardwood bottomland
and includes vegetation of loblolly pine (Pinris taeda), red maple, sweet-gum
(Liquidambar slyracifhia), tulip poplar (Lirivdendron lnflpifera), privet, knotweed,
Japanese honeysuckle (LoniceraJaponica) and kudzoo (Pueraria lvbala). This portion of
the site has a DEM third version rating of 44 out of 100.
The DOT has taken measures to reduce impacts to wetlands associated with
Beaver Dam Creek. Widths of the median and roadway lanes in the Beaver Dam Creek
vicinity have been reduced to 26-foot and 11-foot from the original design of 30-foot and
12-foot, respectively. This decrease in median and roadway lane width reduces
encroachment of Beaver Dam Creek by 10 feet.
The DOT has applied for and received a General 401 Water Quality Certification
from the Division of Water Quality. The General 401 Water Quality Certification is dated
20 August 1996.
Under the permit regulations for Section 404 Nationwide Permit 26 that is set to
expire 17 January 1997, the DOT would not notify the COE of wetland impacts under an
acre and above headwaters. Therefore, notification to the COE for this project was not
made because the impacts to jurisdictional wetlands occur at one site, are under an acre
(actually 0.44 acre) and are above headwaters. The DOT is asking that this project be
considered under these rules.
In a conversation between Mr. Eric Alsmeyer of the COE Raleigh Regulatory and
Mr. Phillip Todd of our office, a request was made to account for DOT expenditures to
date for the project. Total expenditures to date is $4.6 million with $2 million being spent
for preliminary engineering of the entire project and $2.6 million being spent in right-of-
way costs for Section A of the project alone. Right-of-way acquisition for Section A was
completed in November 1996.
A completed notification form, site map and plan sheet are included with this cover
letter. A copy of the General 401 Water Quality Certification has also been enclosed. As
part of the permit, NCDOT commits to an in-stream construction moratorium in Beaver
Dam Creek from April 1 to June 15.
Thank you for you assistance with this project. If you have any questions, please
contact Mr. Phillip Todd at [phone] Extension 314.
Sincer
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Eric Alsmeyer, COE, Raleigh Field Office
DEM ID: 960715 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): ?F
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
A=: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATM: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N C Dept of Transportation; Planning and Environmental Branch
2. Owners Address: P 0 Box 25201: Raleigh NC 27611
3. Owners Phone Number (Home):
(Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
H Franklin Vick P E Manager
5. Location of work (MUST ATTACH MAP). County: _ Wake -
Nearest Town or City: Raleigh
Specific Location (Include road numbers, landmarks, etc.): US 401, from US 1 interchange to South of
SR 2041
6. Name of Closest Stream/River. Beaver Dam Creek -
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ) NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES V ] NO [
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.44 acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.44 acre -
Drained:
Flooded:
Excavated:
TotalImpacted: 0.44 acre
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
See cover letter
13. Purpose of proposed work: Public Roadway
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
See cover letter - Public Roadway.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES (X ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land'use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
O er's Signature Date
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DIVISION OF HIGHWAYS
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1 11 PROJ 8.1102103 (R2425A)
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State of North Carolina
IT ?K 2W
??. Department of Environment, A.? Ir T
Health and Natural Resources
Division of Water Quality
6F= James& Governor F1
Jonathan EL B. F•bwa s,Secretary
A. Preston Howard, Jr., P.E., Director
August 20, 1996
Wake County ;
DWQ Project # 960715
State Project No. 8.1402103, TIP# R-2425A
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201 '
Raleigh, NC 27611-5201
Dear Mr Vick:

You have our approval to place fill material in 0.44 acres of wetlands of waters for the purpose of
widening US 401 from US 1 interchange to south of SR 2041, as you described in your application dated
19 July 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26
when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your prcjecL
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask fol- a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing. ,
This letter completes the review of the Division of Water Quality under.Section 401 of the Clean.
Water Act. If you have any questions, please telephone John Dorsey, g 919-733-1,786.
Attachment
ca Wilmington District Corps of Engineers
Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
Mr. John Dorsey
Central Frles

Sincerely,
a
J
Q
4% ttr31996 z
D,VISICN n=
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Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX 1r' 733-9959
An Equal Opportunity Affirmative Action Employer • 60% recycled/10•ti post consumer paper