20040275 Ver 5_Application_20101206

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
December 2, 2010
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., Suite 105
Wake Forest, NC 27587
Attention: Mr. John Thomas
NCDOT Coordinator, Division 9
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EUGENE A. CONTI, JR.
SECRETARY
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Subject: Application for a Modification to Section 404 Individual Permit and Individual
Section 401 Water Quality Certification for the widening of I-85 from north of SR
2120 (Long Ferry Road) in Rowan County to south of NC 150 in Davidson County.
Federal Aid Project No. NHFIMF-85-3(197)81, VMS 34156.3.GV3, Division 9,
TIP No. I-2304AC.
Debit $570 from WBS 34156.3.GV3
Reference: Individual 401 Certification No. 3455 issued March 19, 2004
Individual 401 Certification No. 3455 Modification issued November 22, 2004
Individual 404 Permit USACE Action ID 1998-21203 issued December 16, 2004
Individual 404 Permit Extension issued April 1, 2009
Individual 404 Permit Modification issued October 7, 2010
Individual 401 Certification Modification issued October 15, 2010
Dear Sir:
This letter replaces the letter dated November 30, 2010.
The North Carolina Department of Transportation (NCDOT) proposes a modification to the existing
Individual Section 404 Permit and Section 401 Water Quality Certification for Permit Impact Site 2
of the above referenced project. The initial Site 2 permit modification was received on October 18,
2010. Based on the plan drawings, only 10 feet of hand clearing is allowed from the end of the bent
cap into the wetlands. Due to future maintenance issues with de-icing, the encroaching canopy
vegetation, and the safety of the travelling public, NCDOT is requesting an additional 20 feet of hand
clearing on the outside of the bridges for a total of 30 feet on each side. Enclosed with this
application is the Ecosystem Enhancement Program (EEP) confirmation letter and revised permit
drawings.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] ATLANTIC AVE.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] of SUITE 116
NATURAL ENVIRONMENT UNIT 919-431-2002 RALEIGH NC 27604
1596 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 WEBSITE: WbWV.NCDOLORG

The revised design does not compromise NCDOT's compliance with the existing permit conditions.
The revision has been evaluated for compliance with the avoidance/minimization criteria and is in
compliance with all previous issues, including the following:
• Protected Species
• Aquatic life passage
• FEMA compliance
• Cultural resources
Permit Site 2
1w he p?o'fM iaqocatted in HUC 03040103 of the Yadkin River Basin. This modification application is
specific to Si e 14for 7vHia-a 4J4 Permit Modification was issued on October 7, 2010 and a Section
401 Permit Modification was issued on October 15, 2010. This modification will result in 1.28 acres
of additional hand clearing impacts in riparian wetlands at Site 2. Revised total hand clearing impacts
at Site 2 are 7.87 acres.
Miti ag tion
The NCDOT does not believe mitigation for hand clearing is warranted because the hand cleared
areas will not lose Clean Water Act Jurisdiction status nor decline in quality. However, the USACE
has indicated that any 404 permit issued for this project will require hand clearing mitigation.
Compensatory mitigation for these additional hand clearing impacts of 1.28 acres will be mitigated at
1:5 as done in the previous Site 2 modification. Mitigation needed is 0.26 acres and 0.16 acres will
be debited from the Yadkin River Bridge Site. The remaining 0.10 acres of required riparian wetland
mitigation will be provided by the EEP based on their letter dated April 30, 2004.
The Yadkin River Bridge Site is located with HUC 03040103 in Rowan County. The mitigation site
occurs within Transportation Improvement Program (TIP) project I-2304AA.
In order to offset unavoidable wetland impacts associated with T.I.P. I-2304AA and 1-2304 AC, the
Yadkin River Bridge Site will be debited 1.07 acres of riverine wetland restoration for 1-2304AA and
0.21 acres of wetland restoration for 1-2304AC section. This debit is reflected in the debit ledger
below. An additional 1.28 acres of wetland impacts due to hand clearing for Site 2 are debited below
at a 1:5 ratio.

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WM 080-005 Yadkin I-2304AA 3040103 Yadkin 9 2.74 0.21 RW Restoration
River (SITE 2)(i-2304AC)
Bridge
WM 080-005 Yadkin I-2304AA 3040103 Yadkin 9 2.74 1.07 RW Restoration
River (Revised Modal of
Bridge total imp. AA !
WM 080-005 Yadkin I-2304AA 3040103 Yadkin 9 2.74 1.3 RW Restoration
River (hand Clearing)
Bridge
WM 080-005 Yadkin I-2304AA 3040103 Yadkin 9 2.74 0.1 estoration(I-
River T23
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Bridge
REGULATORY APPROVAL
Section 404
Request is hereby made for a modification to the USACE Individual 404 Permit as required for the
above-described activities.
Section 401
We are hereby requesting a modification to the Section 401 Water Quality Certification from the
N.C. Division of Water Quality. In compliance with the NCAC Section 143 215.31)(e), we will
provide $570.00 to act as payment for processing the Section 401 permit modification previously
noted in this application (See Subject line). We are providing five (5) copies of this modification
request to the NCDWQ for their review and approval.
A copy of this permit modification application will be posted on the DOT website at:
http://www.ncdot.or,,L?/doh/]2reconstruct/pe/neu/pprmit.html. If you have any questions or need
additional information, please contact Sara Easterly at [e-mail] or [phone].
Sincerely,
l Gregory.Thorpe, Ph.D., Manager
l Project Development and Environmental Analysis Branch
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Mr. Brian Wrenn, NCDWQ (5 Copies)
Ms. Marla Chambers, NCWRC
Ms. Jennifer Derby, USEPA
Ms. Marella Buncick, USFWS

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W/o attachment (see website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Dewayne Sykes, P.E., Utilities Unit
Mr. Greg Perfetti, P.E., Structure Design
Mr. S.P. Ivey, P.E., Division Engineer
Mr. Kent Boyer, DEO
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Progr. and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Beth Harmon, EEP
Mr. Phillip Ayscue, NCDOT Ext. Audit Br.
Mr. Drew Joyner, P.E., HEU Head
Mr. Clarence W. Coleman, P.E., FHWA
Ms. LeiLani Paugh, NEU
Mr. Randy Griffin, NEU
Mr. Eric Midkiff, P.E., PDEA
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