20050785 Ver 3_Application_20061115

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STATE OF NORTH CAROLINA
DEPARTWNT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
November 13, 2006
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
ATTN: Mr. William Wescott
NCDOT Coordinator
Dear Sir:
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SECRETARY
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Subject: Request for Modification of 404 Individual Permit, 401 Water Quality
Certification Permit, and Tar-Pamlico Buffer Authorization for the
proposed Washington Bypass. US 17 from South of SR 1149 (Price
Road.) to US 17 North of SR 1509 (Springs Road.). TIP Number: R-
2510B, Federal Aid Project MAF-75-3(26). Debit $475 for WQC
Modification from WBS Element No. 34440:1.1
Reference: USACE Action ID 199301143
DWQ Project No. 050785, WQC No. 3527
The North Carolina Department of Transportation (NCDOT) is requesting a modification
to Permit No. 199301143 for wetland and surface water impacts associated with R-
2510B. The initial impact calculations for this section of roadway improvements were
based on preliminary drawings, while the following presents revised impact calculations
based upon the completed design for R-2510B. Included in this package are the
following: revised wetland and surface water impact calculations, revised drawings, and
proposed on-site mitigation.
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
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.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
Summary of Changes
Development of detailed design from conceptual design, and incorporating additional
avoidance and minimization efforts have reduced overall wetland impacts from 5.83 acres
to 5.33 acres of fill, and stream impacts from 2,417 linear ft. to 2,368 linear ft.. Impacts
due to mechanized clearing increased due to grubbing around the bridge piers, which was
not included in the original application. While riparian buffer impacts have been reduced
at several sites, there is an overall increase of buffer impacts due to greater detailed
design and the addition of two buffer impact sites (Sites 3 and 11).
General Project Description
The NCDOT proposes to improve existing US 17 to a high speed, multi-lane highway
that bypasses the City of Washington. R-2510B will include the relocation or widening of
approximately 6.8 miles of US 17, starting within Beaufort County, from south of Price
Road (SR 1149) south of Chocowinity; and ending north of Springs Road (SR 1509)
north of Washington. The proposed roadway will be a four-lane, divided highway, with
grass shoulders and ditches, and a 46-foot wide grassed median. The median will be
reduced to a 10-foot median divided by a barrier on the 2.89 mile four-lane freeway
bridge that will span the Tar River and the frequently inundated forested wetlands
adjacent to the Tar River. The project is located in the Tar-Pamlico River Basin with a
Hydrologic Unit Code of 03020104.
Summary of Impacts to Waters of the U.S.
Proposed impacts to jurisdictional areas of R-2510B consist of 7.92 acres of wetlands,
0.38 acre of surface waters, and 2,368 linear ft. of stream channels. Wetland impacts
consist of 6.04 acres of riverine wetlands and 1.88 acres of non-riverine wetlands.
Summary of Tar-Pamlico Buffer Impacts and Mitigation
The total Tar-Pamlico River riparian buffer impacts associated with R-2510B consist of
5.29 acres (230,367.8 sq. ft.) in Zone 1 with 4.00 acres (174,526.1 sq. ft.) mitigable, and
3.27 acres (142,371.8 sq. ft.) in Zone 2 with 2.56 acres (111,224.7 sq. ft.) mitigable.
PERMITTING ACTIVITY TO DATE
Clean Water Act Section 404 Individual Permit
The project received a Clean Water Act Section 404 Individual Permit (Action ID #
199301143) from the U.S. Army Corps of Engineers (USAGE) Wilmington District on
November 28, 2005. The original Individual Permit application was dated May 3, 2005
and a Revised Individual Section 404 Permit Application was submitted on August 5,
2005. This permit authorized construction for Section R-2510A, and stipulated that
construction on R-2510B should not begin until final design had been completed and
plans had been approved by the District Engineer.
Section 401 Water Quality Certification
The project received a Section 401 Water Quality Certification (DWQ Project No.
050785, WQC No. 3527) from the North Carolina Department of Environment and
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Natural Resources, Division of Water Quality (NCDWQ) on September 6, 2005. The
original application for an Individual 401 Water Quality Certification is dated May 3,
2005 and an Application Resubmittal is dated August 5, 2005.
Coastal Area Management Act (CAMA) Maior Development Permit
A Consistency Certification was issued by North Carolina Department of Environment
and Natural Resources Division of Coastal Management on October 31, 2005. The
proposed R-251 0B section impacts the Public Trust Area and Public Trust Shoreline
CAMA AECs where it crosses the Tar River. Prior to initiating any construction on the
remaining segments of this project, NCDOT must receive a CAMA Major Development
Permit. The Department is submitting a CAMA Major Development Permit Application
under separate cover.
JURISDICTIONAL IMPACTS
The attached permit modification package includes drawings depicting jurisdictional
impacts for R-251 OB. Proposed impacts to jurisdictional areas of R-2510B consist of a
total of 7.85 acres of wetlands, 0.38 acre of surface waters, and 2,368 linear ft. of stream
channels.
Wetlands
Riverine wetlands are associated with tributaries to Chocowinity Creek and the Tar-
Pamlico River (Sites 1, 3, 4, 6, and 9; permit drawing sheets 4, 6, 7, 12 - 24, 27), while
wetlands at Sites 5, 7, and 10 (sheets 11, 25, and 28) are nonriverine wetlands. Table 1
provides a breakdown of proposed impacts by site.
Tahle 1 _ Prnnosed Jurisdictional Impacts

Site
Station Number

(from/to) Fill in

Wetland
(ac) Excavation
in

Wetlands
(ac) Mechanized
Clearing -

Method III
ac Surface
Water

Impacts
ac Existing
Channel

Impacted
(ft
1 -L- 228+08 0.11 0.02 0.02 170
2 Site 2 has been avoided.
3 -L- 251+10 1.00 0.45 0.06 363
4 -L- 269+74 2.04 0.14 0.07 484
5 -L- 315+20 0.15 0.02
6 -L- 324+02/476+76 0.24 0.05 1.83
7 -L- 497+90 1.56 0.18 1,147
8 -L- 507+50 RT No wetland or stream im acts at this site.
9 -L- 515+10 0.10 0.06 0.05 204
10 -L- 525+00 LT 0.13 0.02
11 -Y22- 28+00/32+00 No wetland or stream impacts at this site.
Total 5.33 0.05 2.54 0.38 2,368
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Streams
Within R-251013, five jurisdictional streams and the Tar River are crossed. Jurisdictional
stream information is presented in Table 2.
Tnhle 2_ Fctimaterl .TnriQdietinnnl fitream Infnrmatian
Station DWQ DWQ Impact Required
Site Number Structure Stream Name Index No
No.
Rating Status
(ft) Mitigation
from/to ft
1 -L- 228+08 60" RCP UT to Maple 29-6-2-1-7 C Sw Perennial 170 340 (2:1)
Branch NSW
2 Site 2 has been avoided.
3 -L- 251+10 9'x 7' UT to Maple 29-6-2-1-7 C Sw Perennial 363 726 (2:1)
RCBC Branch NSW
4 -L- 269+74 2 @ 8' x Maple Branch 29-6-2-1-7 C Sw Perennial 484 968 (2:1)
8' RCBC NSW
7 -L- 497+90 48" RCP UT to Cherry 28-103-17 C Sw Intermittent 1,147 1,147 (1:1)
Run NSW
9 -L- 515+10 3 @ 10'x UT to Cherry 28-103-17 C Sw Perennial 204 408 (2:1)
10' RCBC Run NSW
11 -Y22- N/A No stream impacts at this site.
28+00/32+00
Total 2,368 3,589
Riparian Buffers
Within R-2510B, riparian buffers at seven streams/rivers are impacted. While Site 2 has
been avoided, Sites 6 and 11 were not included in the initial permit application. Table 3
presents proposed Tar-Pamlico riparian buffer impacts.
Tnhh-'A_ Rinnrinn Rnffer Imnnets
Site Zone 1
(sq ft) Zone 2
(sq ft) Wetlands
in Zone 1
(sq ft) Wetlands
in Zone 2
(sq ft) Mitigation
Required
Zone 1
s ft Mitigation
Required
Zone 2
s ft
1 11,774.5 7,951.6 5,350.8 0.0 6,423.7 7,951.6
2 Site 2 has been avoided.
3 27,846.2 16,695.9 24,339.3 14,777.6 3,506.9 1,918.3
4 30,705.3 18,371.3 30,244.9 13,698.0 460.4 4,673.3
6 55,841.7 31,147.1 2,488.0 578.0 N/A N/A
7 73,267.8 48,125.5 2,331.1 4,926.6 70,936.7 43,198.9
9 25,212.8 16,114.5 1,408.0 2,968.5 23,804.8 13,146.0
11 5,719.5 3,965.9 0.0 0.0 5,719.5 3,965.9
Total 230,367.8 142,371.8 66,162.1 36,948.7 110,852.0 74,854.0
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AVOIDANCE, MINIMIZATION, AND MITIGATION
Many avoidance and minimization efforts have been undertaken for this project and were
described in the May 3, 2005 permit application. The following are additional avoidance
and minimization efforts that were undertaken during design of R-251 OB. These efforts
are described on a site by site basis. In some cases there was a slight increase in impacts,
which is also described. Overall wetland impacts were decreased from 5.83 acres to 5.32
acres, stream impacts were reduced from 2,417 linear ft. to 2,368 linear ft. Buffer
impacts increased overall by 71,077.6 sq. ft. primarily due to the addition of two sites not
included in the original application.
Site 1: Wetland impacts increased from 0.09 acre of fill to 0.11 acre of fill. Stream
impacts increased from 122 linear ft. to 170 linear ft.. This increase in fill resulted from
having better topographic mapping during the final design stage of the project and the
need to extend the culvert to allow for suitable flow. Buffer impacts also increased by
8,599.5 sq. ft. from 11,126.6 sq. ft. to 19,726 1.1 sq. ft. due to the placement of a diversion
ditch necessary for construction.
Site 2: Design efforts resulted in avoiding this site. There are no longer wetland, stream,
or buffer impacts at this site.
Site 3: Wetland impacts increased from 0.43 acre to 1.0 acre at this site. However,
surface water impacts decreased from 0.76 acre to 0.06 acre. Therefore, overall impacts
to jurisdictional resources decreased from 1.19 acres to 1.06 acres. This site contained a
pond that had been breached since the initial wetland studies were performed, therefore,
there was a decrease in the area of surface water at the site but an increase in wetlands
present. The overall decrease in impacts was accomplished by lowering the overall grade
of the alignment in the location of the site. Stream impacts increased from 0.0 linear ft. to
363 linear ft. at this location. The initial permit application did not show any stream
impacts at this location. However, now that the pond is substantially drained, a stream is
present. Buffer impacts totaling 44,542.1 sq. ft. were not included at this site in the initial
permit application.
Site 4: Wetland impacts decreased at this site from 3.03 acres to 2.18 acres. Stream
impacts were reduced from 826 linear ft. to 484 linear ft. This decrease was
accomplished by lowering the grade of the mainline of US 17 and raising NC 33 so that
NC 33 now passes over US 17. This design feature allowed for an overall lower grade
for US 17, which dramatically reduced wetland and stream impacts at Site 4 by reducing
the footprint of fill necessary for construction. Additionally, it allowed for the installation
of two culverts (mainline and ramp) instead of one, which minimized stream impacts, and
allowed for daylight and maintenance of a riparian buffer between the two shorter
culverts. Buffer impacts decreased by 33,019.8 sq. ft. from the above activities.
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Site 5: There was a slight increase in wetland impacts at this site from 0.12 acre to 0.15
acre. This increase in fill resulted from having better topographic mapping during the
final design stage of the project. There is no stream at this location.
Site 6: There is a slight increase in fill from 0.22 acre to 0.24 acre, based upon the final
design of the bridge piers. The mechanized clearing of 1.83 acres that will occur around
the proposed bents was not shown in the initial permit application. A slight increase in
buffer impacts from 81,280.1 sq. ft. to 86,988.8 sq. ft. occurred due to a slight shift in the
alignment. Wetland impacts have been minimized by the use of an innovative top-down
construction methodology of the bridge over the Tar River and its associated wetlands.
Top-down construction eliminates the use of work bridges, which can significantly
impact wetland soils and vegetation beneath and around the new bridge. Elimination of
the work bridge will minimize impacts to wetland soils and vegetation within the work
area and allow these areas to recover quicker than if covered by a work bridge for an
extended period of time. Within the channel of the Tar River Flexi-floats will be used to
assist with pier construction. Exhibit A attached to this letter provides additional
information about the Flexi-float operations.
Site 7: There was no change in wetland impacts at this site (1.56 acres). An increase in
stream impacts from 1,118 linear ft. to 1,147 linear ft. appears to be due to the more
accurate design than the preliminary design, as a review of the permit drawings shows
similar impacts. Buffer impacts increased from 98,882.6 sq. ft. to 121,393.3 sq. ft. for the
same reason.
Site 8: This site was determined to be a stormwater control basin and not a jurisdictional
feature.
Site 9: Wetland impacts were decreased from 0.13 acre to 0.10 acre, and stream impacts
were reduced from 279 linear ft. to 204 linear ft.. An increase in buffer impacts from
27,891.7 sq. ft. to 41,327.3 sq. ft. occurred to account for temporary buffer disturbance
due to the placement of a diversion ditch necessary for construction.
Site 10: Wetland impacts remained unchanged at this site (0.13 acre).
Site 11: This site was not included in the original permit application. No wetlands are
present at this site. Stream impacts were avoided by use of a retaining wall. Buffer
impacts of 9,685.4 sq. ft. were minimized by the use of the retaining wall.
Additionally, to facilitate the protection of water resources, a Special Sediment Control
Fence will be used during construction (see attached information pertaining to the
Temporary Fill in Wetlands for Erosion & Sediment Control Measures).
On-Site Mitigation
The NCDOT has conducted an exhaustive evaluation of potential on-site mitigation
options for R-2510B. A number of sites were evaluated for potential stream and wetland
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mitigation but in the final analysis were determined not to be feasible. Two on-site
wetland restoration sites are proposed for the project. The first is referred to as the
Osprey Seafood Site, which will provide 0.6 acre of wetland restoration and 3.5 acres of
preservation of riverine wetlands. The second is the Packing House Road site which will
provide 0.1 acres of riverine wetland restoration through the removal of a section of
roadbed and fill of the abandoned Packing House Road.
The Department has avoided and minimized impacts to jurisdictional resources to the
greatest extent possible as described above. By letter dated October 27, 2006, EEP has
accepted mitigation responsibility for the entire R-2510 project. Therefore, necessary
wetland mitigation, over and above that generated by the Osprey Seafood Site and the
Packing House Road Site will be performed by the EEP.
Compensatory Wetland Mitigation: There are 6.04 acres of riverine wetlands and 1.88
acres of non-riverine wetlands impacted by construction of R-2510B. The NCDOT
proposes offset of 0.6 acre of wetland impacts through implementation of the Osprey
Seafood Site and 0.1 acres through removal of the road bed at the Packing House Road
Site. The NCDOT proposes to use EEP to mitigate for the remaining impacts.
Compensatory Stream Mitigation: There are 2,368 linear ft. of proposed impacts to
streams associated with R-2510B. NCDOT proposes to use EEP to mitigate for these
impacts.
Tar-Pamlico Buffer Mitigation: The total Tar-Pamlico River riparian buffer impacts
associated with R-2510B consist of 5.29 acres (230,367.8 sq. ft.) in Zone 1 with 4.00
acres (174,526.1 sq. ft.) mitigable and 3.27 acres (142,371.8 sq. ft.) in Zone 2 with 2.56
acres (I 11,224.7.sq. ft.) mitigable.
REGULATORY APPROVALS
The NCDOT respectfully requests that the referenced Section 404 Permit be modified to
reflect the changes in jurisdictional impacts as outlined in this letter and presented in the
attached drawings. The NCDOT is also requesting a modification to the 401 Water
Quality Certification and Tar-Pamlico Buffer Authorization from the NCDWQ. In
compliance with Section 143-215.3D(e) of the NCAC, we have provided a method of
debiting $475, as noted in the subject line of this application, as payment for processing
the Section 401 permit modification application. We are providing five copies of this
modification application to the NCDWQ for their review. Please find the attached
updated permit drawings and half-size plan sheets, Flexi-float description, and Special
Sediment Control Fence specifications.
Additionally, NCDOT is applying for a CAMA Major Development Permit and a Coast
Guard permit under separate cover.
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If you have any questions or need additional information, please call Mr. Chris
Underwood at [phone].
Sincerely,
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
Cc: W/attachment
Mr. John Hennessy, NCDWQ (5 Copies)
Mr. Travis Wilson, NCWRC
Ms. Kathy Matthews, USEPA
Mr. Ronald Mikulak, USEPA - Atlanta, GA
Mr. Clarence W. Coleman, P.E., FHWA
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Mr. Steve Sollod, NCDCM
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. C. E. Lassiter, P.E., Division 2 Engineer
Mr. Jay Johnson, Division'2 Environmental Officer
W/o attachment
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P.E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Stacy Baldwin, P.E., PDEA
Mr. Carl Goode, P.E., Human Environment Unit
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Exhibit A
Water Operations for the Washington Bypass Project
Flatiron / United JV will need to access the Tar River Bridge area with Flexi-float and
push boat equipment, at the river crossing, for the purpose of assisting at (16) pier
locations in the waterway area only. (Not in wetlands).
Flatiron / United will use a floating system made up of Shuggart flexi-floats. Each float is
nominally l Oft x 40ft by 5ft deep and can be connected with pins to form different
configurations. The floats will be used to hold and place the template, (steel frame), for
the 30" x 30" square piles and to assist in providing access and setting of the water level
struts. We will move these floats using a 200 hp push boat or float mounted engine.
These floats typically draw approximately 2 ft of water depending on load. During all
water operations the area around the floats will have a floating turbidity barrier with a 6ft
curtain connected by chain and tied to the floating system, (average flow rate in this area
is approximately 2.1 ft/sec). A crane will be set on the floats and used to install and
remove approximately 6 to 8 spud piles to anchor the float system and template. All
equipment on the float will be diapered. Bottom disturbing activities, (install and remove
spud piles) will be contained inside the turbidity curtain. This floating system will be
moved from pier to pier as the overhead gantry bridge building system progresses across
the river. None of this work will take place during the moratorium period and is
anticipated to take approximately 32 weeks during the June 2008 to February 2009 work
period
All Coast Guard permits and notifications will be provided prior to any water operations
commencing with all approved Coast Guard mooring lights installed as required
Typical Wetland Operation
Wetland operations will consist of installing 30" square piles using a "Top Down"
construction method. Piles will be driven from our proprietary Overhead Gantry system
which will operate above the bridge deck and self erect one span at a time self launching
to the next span. Two of these systems will be employed starting at each end of the bridge
and meeting in the middle area of the wetlands on the south side of the river. The 30
square piles will be driven using a 220,000 lb B-6505 HD Bermingham Diesel Hammer.
The typical span on this bridge will be 120' long. No template is currently contemplated
in the wetland area. Flatiron/United will also set all precast pier caps and girders with the
Overhead Gantry system. The deck slab will be poured in place, along with other misc. --
items such as parapets and joints. No temporary bridge will be required for this operation.
Clearing operations, (135'wide), will occur prior to the above operation using standard
clearing equipment on wooden mats. Skidders will be utilized to haul whatever usable
material can be removed. All waste wood products will either be left in place or piled and
burned. No grubbing will occur in the wetlands except as needed at pier locations.
Temporary Fill in Wetlands for Erosion & Sediment Control Measures:
The areas permitted for Mechanized or Hand Clearing in Wetlands on this project will
include zones for Temporary Fill in Wetlands for Erosion & Sediment Control Measures.
The Erosion and Sediment Control Measures that are considered temporary fill includes
Special Sediment Control Fence and/or Temporary Rock Silt Check(s) Type A.
Special Sediment Control Fence:
Special Sediment Control Fence shall be placed as shown on the plans or as directed by
the Engineer. The Special Sediment Control Fence shall consist of steel posts, '/ inch
hardware cloth, and sediment control stone. The sections of Special Sediment Control
Fence shall serve as drainage outlets for Silt Fence and each section shall not exceed 10
ft. (3 m) in length and 2 ft. in width (0.6 m).
Materials:
(A) Posts:
Steel posts shall be at least 5 feet (1.5 m) in length, approximately 1 3/8 inches (35 mm)
wide measured parallel to the fence, and have a minimum weight of 1.25 lb/ft (1.86 kg/m)
of length. The post shall be equipped with an anchor plate having a minimum area of
14.0 square inches (9000 square millimeters), and shall have a means of retaining wire in
the desired position without displacement.
(B) 1 /4 inch (6.4mm) Hardware Cloth:
Hardware cloth shall have 1/4 inch (6.4mm) openings constructed from #24 gauge wire.
The hardware cloth shall be installed according to Standard Drawing No. 1606.01 with a
minimum of 2 ft. (0.6m) of the cloth placed on the ground beneath the Sediment Control
Stone.
(C) Sediment Control Stone:
Sediment control stone shall meet the requirements of Section 1005 of the 2002 Standard
Specifications for Roads and Structures. Install stone according to Standard Drawing No.
1606.01.
Maintenance and Removal:
The Contractor shall maintain the special sediment control fence until the project is
accepted or until the fence is removed. The Contractor shall remove and dispose of silt
accumulations at the fence when so directed by the Engineer in accordance with Section
1630 of the 2002 Standard Specifications for Roads and Structures. The special sediment
control fence shall be removed at the completion of the project, and any earth disturbance
inside the Mechanized Clearing area shall be seeded with native grasses.
Temporary Rock Silt Check Type A:
Temporary Rock Silt Checks Type A shall be placed as shown on the plans or as directed
by the Engineer. The Type A Checks will be rock dams constructed of Class B stone,
with sediment control stone placed on the flow side, and filter fabric underneath.
Temporary Rock Silt Checks Type A shall serve as drainage outlets for Silt Fence and
shall be constructed according to Standard Drawing No. 1633.01.
Materials:
(A) Class B Stone:
Class B stone shall meet the requirements of Section 1005 of the 2002 Standard
Specifications for Roads and Structures. Install stone according to Standard Drawing No.
1633.01.
(B) Sediment Control Stone:
Sediment control stone shall meet the requirements of Section 1005 of the 2002 Standard
Specifications for Roads and Structures. Install stone according to Standard Drawing No.
1633.01.
(C) Filter Fabric:
The filter fabric shall meet the requirements of Type 2 in Section 1056 of the 2002
Standard Specifications for Roads and Structures. The filter fabric shall be placed on the
ground beneath the Temporary Rock Silt Check Type A.
Maintenance and Removal:
The Contractor shall maintain the Temporary Rock Silt Checks Type A until the project
is accepted or until the dam is removed. The Contractor shall remove and dispose of silt
accumulations at the Type A Check when so directed by the Engineer in accordance with
Section 1630 of the 2002 Standard Specifications for Roads and Structures. The
Temporary Rock Silt Checks Type A shall be removed at the completion of the project,
and any earth disturbance inside the Mechanized Clearing area shall be seeded with
native grasses.