20120296 Ver 5_Application_20140911

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PAT L. MCCRORY ANTHOW*ipTATA
GOVERNOR SECRETARY
September 3, 2014
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000 c) z • 5
Washington, NC 27889 -1000 t
ATTN: Ms. Tracy Wheeler
NCDOT Coordinator
SUBJECT: Permit Modification Request for the US Army Corps of Engineers 404
Permit, the Division of Water Resources 401 Permit, and Division of Coastal
Management Permit for the widening of US 13/US 158 from US 158/NC 45
near Winton to the US 158 Bypass in Tarheel in Hertford and Gates
Counties. Division 1, TIP No. R- 2507A. WBS 35488.3.1
Reference: USACE Individual Permit; August 17,2012; Action ID: SAW2006 -10391
NCDWR WQC; May 24, 2012; Project No 20120296
NCDCM Permit; August 3, 2012; DCM Permit No. 92 -12
Dear Ms. Wheeler:
During the pre - proposal design and NEPA Merger Meeting phase for subject project, the
Design -Build (DB) Team studied several options at Site 5 (from L — Sta. 76 +50 to 82 +00
Rt) to minimize wetland impacts and opted for a pile panel wall system as opposed to an
MSE wall due to the amount of anticipated required muck and undercut. The original pile
panel wall was designed for 3 -inch deflection tolerance accounting for presence of muck
at some distance away from the face of the wall. The original design consisted of piles
spaced at a maximum center to center spacing of 6 feet. In order to address NCDOT
Geotechnical Engineering Unit concerns during final design, the DB team revised the wall
to include heavier piles and a tie -back system to keep the deflection within 1 -inch. A
detail of the "New Pile Panel Wall" is attached. However, incorporation of these
additional wall elements results in safety, constructability, maintenance, and cost issues
which are detailed further in this letter.
Safety. The added tie backs, anchor blocks and associated shoring and additional
excavation would fall within the required clear zone of the existing traffic pattern on US
13. This additional construction within 16 feet of the existing traffic creates inherent
MAILING ADDRESS: PHYSICAL ADDRESS:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE [phone] Century Center - Budding B
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 Birch Ridge Dr
NATURAL ENVIRONMENT SECTION FAX [phone] Raleigh, NC 27610 -4328
1598 MAIL SERVICE CENTER
RALEIGH NC 27699 -1598 WERS77E• WWW.NCDOT. ORG

a
safety risks to traveling public and construction crews and NCDOT inspectors. This is
depicted in the attached drawing. The original design would have placed construction
crews approximately 60 feet from traffic.
In addition, there are several utility relocations that have been installed as part of the
project. Construction of the new pile panel wall will require expanded base, which
substantially increases the potential to impact these utilities.
Constructability. Incorporate of the added tie backs, anchor blocks and associated shoring
and additional excavation in this area will necessitate more excavation in order to achieve
the required fill compaction and consolidation given the amount of muck. Furthermore,
the longer than expected piles will require placing a larger crane on the existing slope and
"soft" soil, which increases the inherent construction risks. The following is a summary of
the major construction items for comparing the original and new wall design:
Tie Backs/ Anchor Blocks
Length of Tie Backs
Tie Back Excavation
Distance from Traffic
Vertical Shoring
Maximum Pile Length
Original Design
0
0
0 CY
+/- 60'
0
+/- 55'
New Design
62 each/210 CY
47' to face of block
+/- 11,000 CY
+/- 16'
+/- 13,000 SF
+/- 65'
Maintenance. An inherent characteristic of retaining walls is long term maintenance
requirements and associated costs. This was noted by NCDOT upon award of the project.
Retaining walls have long term settlement concerns, and panels are subject to damage over
time. These maintenance issues can be costly to the Department long after the project is
completed.
Cost. The original wall was estimated to cost $705,000. The cost to construct the new
reinforced pile panel wall is $1,319,500. Therefore, the cost increase is approximately
$614,500. The Preferred Design Option as noted below will offset these additional costs.
Preferred Design Option
Due to the safety, constructability, maintenance, and cost concerns, the DB Team
performed additional analyses that considered alternatives to the new pile panel wall
design and have determined that a reinforced soil slope (RSS) is the best solution to
address these issues. A typical cross section view is attached. The RSS option will,
however, result in additional wetland impacts of 0.15 acre (0.11 acre fill, 0.04 acre
mechanized clearing), for a final total of 2.14 acres of fill and 0.35 of mechanized
clearing.
It should be noted that the RSS option has significantly less impacts than a conventional
3:1 fill slope for this area. This option also increases the Distance from Traffic back to
approximately 60 feet. The modified permit drawings and impact summary sheets are
attached.

Site 5 is in the active Chowan River floodplain, and thus considered riparian wetlands. To
mitigate for the additional 0.15 -acre, an in -lieu payment will be made to the NCEEP.
Regulatory Approvals
We request this change in design be authorized through a modification of the Individual
Permit. By copy of this letter, we are requesting that NCDWR 401 WQC and NCDCM
CAMA Major Permit be modified to authorize this design change. If you have any
questions or need additional information, please contact me at tcwillis @ncdot.gov or 252 -
482 -3. Thank you for your assistance with this project.
Ila7W
Sincerely,
Clay Willis
NCDOT Division 1 Environmental Officer
cc: NCDOT Permit Application Standard Distribution List

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R -2507A
Previous Permit Modification at Site 5

rCy'TfO'f TATE5'Of
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5h Street
Washington, North Carolina 27889
October 22, 2012
Regulatory Division
Action ID No. SAW - 2006 -10391
Mr. Jerry Jennings
Division Engineer
N.C. Department of Transportation
113 Airport Drive
Edenton, North Carolina 27932
Dear Mr. Jennings:
gn
OCT 2 4 2012
DIVISION 1
OFFICE
Reference the Department of the Army (DA) permit issued to NCDOT on August 17, 2012, to
widen approximately 7.7 miles of US Highway 158 (TIP R- 2507A) from an existing two lane
facility to a multi -lane facility from the intersection of US Highway 13/158 just west of Winton
to the split of US Highway 13/158 in Tarheel in Hertford and Gates Counties, North Carolina.
Also reference your subsequent written request dated October 15, 2012, for a permit modification
to do the following:
A. Permit Site 1 — Permanent fill will be decreased from 0.56 acres to 0.54 acres and
mechanized clearing will increase from 0.18 acres to 0.19 acres.
B. Permit Site 4 — Hand clear 0.06 acres.
C. Permit Site 5 — Permanent fill will increase from 2.01 acres to 2.03 acres and mechanized
clearing will increase from 0.30 acres to 0.31 acres.
D. Permit Site 23 — Hand clear 0.14 acres.
E. Permit Site 32 — Permanent fill in wetlands will decrease from 1.08 acres to 1.07 acres.
F. Utility Permit Site 1 — Reduce hand clearing from 0.06 acres to 0 acres and mechanize clear
0.09 acres.
The proposed modification will increase the total temporary hand clearing jurisdictional
impacts for the above permit project sites to 0.20 acres, increase the total mechanized clearing

impacts for the above project sites to 0.76 acres and reduce the permanent fill impacts at the
above project sites to 4.43 acres. These changes are reflected in the chart which was included
with the permit modification request.
This modification request was coordinated with the appropriate State and Federal agencies
and the coordination revealed no objections to this modification request. Therefore, the permit is
hereby modified in accordance with the specific work activities described above and in the
enclosed plans. It is understood that all conditions of the original permit remain applicable and
that the expiration date is unchanged. In addition, the permittee will comply with the following
Special permit conditions:
a. All work authorized by this permit modification must be performed in strict compliance
with the attached work plans, which is part of this permit. Any modification to the permit
plans must be approved by USACE'prior to implementation.
b. The permittee shall require its contractors and /or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and /or agents associated with the construction or maintenance of this
project with a copy of this permit, and any authorized modifications. A copy of this permit, and
any authorized modifications, including all conditions, shall be available at the project site during
construction and maintenance of this project.
c. Special condition t. of the above referenced permit is hereby modified as follows: In order to
compensate for impacts to 163 linear feet of stream / 20.32 acres of wetlands the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount
determined by the NCEEP, sufficient to perform the restoration or restoration equivalent of 326
linear feet of warm water stream / 29.08 acres of riparian riverine / 11.56 acres non - riparian wetlands
in the Chowan River Basin, Cataloging Unit 0301203. Construction within jurisdictional areas on
the property may begin upon permit issuance, however within 30 days of permit issuance, NCDOT
shall provide written confirmation to the Corps that NCEEP agrees to accept responsibility for the
mitigation work required, in compliance with the NCEEP In -Lieu Fee Instrument, approved by the
United States Army Corps of Engineers, Wilmington District on July, 28, 2010. Until the Corps
receives this confirmation letter from NCEEP, NCDOT remains responsible for this mitigation
requirement. If the Corps has not received a confirmation from NCEEP within 150 days of the date
of this verification, NCDOT shall provide plans to accomplish the required mitigation to the Corps
of Engineers within 210 days of the date of this verification.
2

Any questions regarding this correspondence may be directed to Mr. Bill Biddlecome,
NCDOT Coordinator /Regulatory Project Manager at the Washington Regulatory Field Office,
telephone [phone].
Sincerely,
dY,A
V-- Steven A. Baker
Colonel, U. S. Army
District Commander
Enclosure:
Copies Furnished (without enclosure):
Ms. Cathy Brittingham
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699 -1638
Mr. David Wainwright
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Paul Williams
N.C. Department of Environment and Natural Resources
Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
3

L T-A
MEW
North Carolina Department of Environment and Natural Resources
Division of Water Qualify
Beverly Eaves Perdue Charles Wakild, RE
Governor Director
December 3, 2012
Mr. Clay Willis
Division Environmental Officer, Division
North Carolina Department of Transportation
113 Airport Drive
Edenton, North Carolina, 27932
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the Proposed Widening of U.S. 13 /U.S 158 from U.S. 158fN.C:. 45
near Winton to the U.S. 158 Bypass in Tarlteel in Hertford and Gates Counties, TIP R- 2507A.
NCDWQ Project No. 20120296v2.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 003918 issued to The North Carolina Department of
Transportation (NCDOT) dated May 24, 2012.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Charl Wakild
Director
Attachments
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Jerry Jennings, PE, Division 1 Engineer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham, Division of Coastal Management (electronic copy only)
Garcy Ward, NCDWQ Washington Regional Office (electronic copy only
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: g19- 80763001 FAX 919 - 807.6488
Internet: www.ncwateraualitv.ci
An Equal Opportunity ' Affirmative AcWn Employe,
Dee Freeman
Secretary
One
Carolina
AN

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
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 (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 0.24 acres of jurisdictional
wetlands in Hertford and Gates Counties. The project shall be constructed pursuant to the modification dated
received October 24, 2012. The authorized impacts are as described below:
Wetland Impacts In the Chowan River Basin
Site
Station
Perm.
Fill
(acres)
Temp.
Fill
(acres)
Excavation
(acres)
Mechanized
Clearing
(acres)
Hand
Clearing
(acres)
Total
Wetland
Impact
acres
Mitigation
Required
(acres)
Previously Authorized Impacts
I
Y 39+13/47 +58 RT
0.56
--
--
0,18
--
0.74
0.74
1
Utilities
--
--
-
--
0.06
0.06
--
5
L78 +401105 +70 RT
2.01
-
--
0.30
--
2.31
2.31
23
L 193 +72/200+00 LT
0.69
0.04
--
0.11
--
0.84
0.8
32
L 239+36/244 +31 RT
1.08
--
--
0.06
--
1.14
1.14
TOTAL:
4.34
0.04
1 0.00
0.65
0.06
5.09
4.99
Impacts Authorized th tbis
modfication
1
Y39+13/47 +58 RT
0.54
--
-
0.19
--
0.73
0.73
1
Utilities
--
-
-
0.09
--
0.09
0.09
4
L 74 +43/74+05 RT
--
--
--
--
0.06
0.06
0
5
L78+40/105+70 RT
2.03
--
-
0.31
0.14
2.48
2.34
23
L 193 +72/200+00 LT
0.69
0.04
--
0.11
-•
0.84
0.8
32
L 239+36/244 +31 RT
1.07
--
--
0.06
--
1.13
1.13
TOTAL:
4.33
0.04
0.00
0.76
0.20
5.33
5.09
DIFFERENCE:
-0.01
0.00
0.00
0.11
0.14
0.24
0.10
Total Additional Wetland Impacts for Project: 0.24 acres.
With this modification, total impacts for the project are:
Permanent Fill: 17.97 acres
Temporary Fill: 0.04 acres
Excavation: 0.11 acres
Mechanized Clearing: 2.24 acres
Hand Clearing: 1.65acres
TOTAL WETLAND IMPACTS: 22,11 acres
TOTAL WETLAND IMPACTS REQUIRING MITIGATION: 20.32 acres
Total Stream Impacts: 278 linear feet (163 requiring mitigation)
The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 modified application dated
received October 24, 2012. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated May 24, 2012 still apply except where superceded by this certification. Should
your project change, you are required to notify NCDWQ 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. If any additional wetland impacts, or stream impacts, for this project (now or in the future)

exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). 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 on the same day as the expiration date of
the corresponding Corps of Engineers Permit.
Conditions of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated May 24, 2012 still
apply except where superceded by this certification.
2. Compensatory mitigation for additional impacts to 0.10 acres wetlands is required. We understand that-you
have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated October 25, 2012 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP
Mitigation Banking Instrument signed July 28, 2010.
Violations of any condition herein set forth may 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 you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts Flings Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) -431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 3rd day of December 2012
DIVISION OF WATER QUALITY
Charles Wakil
Director
WQC No. 003918

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
November 17, 2012
Clay Willis
Division One Environmental Officer
NC Department of Transportation
113 Airport Dr.
Edenton, NC 27932
RE: Refinement ofCAMA Major Development Permit No. 92 -12 (TIP No. R- 2507A)
Widening of US 13/US 158, including a new bridge over the Chowan River
Hertford and Gates Counties
Dear Mr. Willis:
This letter is in response to your request, dated October 15, 2012, requesting a modification to
CAMA Major Permit #92 -12, which was issued for the widening of US 13/US 158, including a
new bridge over the Chowan River, in Hertford and Gates Counties. According to your letter of
request, the change in plans would revise the impacts to 404 wetlands on the project.
Mechanized clearing in 404 wetlands would increase a total of 0.11 acre, hand clearing in 404
wetlands would increase a total of 0.14 acre, and permanent fill in 404 wetlands would decrease
a total of 0.01 acre on the project. Mitigation for the additional impacts to 404 wetlands will be
provided by the North Carolina Ecosystem Enhancement Program (EEP).
This Letter of Refinement authorizes the revisions to the 404 wetland impacts as depicted on
the attached design drawings dated October 8, 2012. In addition, the Division of Coastal
Management (DCM) requests a copy of the EEP request letter and revised EEP acceptance letter.
This letter shall be attached to the original of Permit No. 92 -12, which was issued on August 3,
2012. Copies of all documents shall be readily available on site when a Division of Coastal
Management representative inspects the project for compliance. All conditions and stipulations
of the active permit remain in force unless altered herein.
Please contact Paul Williams at (252) 264 -3901 ext. 249 if you have any questions or concerns.
Sincerely,
If
G'YY r/
Doug Huggett
Major Permits and Consistency Coordinator
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252 - 264 -3901 \ FAX: 252 - 264 -3723 ; Internet: www,nccoastaimanagement.net One
NorthCarofiina
An Equal Opportunity 1 Affirmative Action Employer Naturally

cc: Paul Williams, NCDCM
Cathy Brittingham, NCDCM
Bill Biddlecome, USACE
Garcy Ward, DWQ

71

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