20050785 All Versions_Application_20090916

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEAVERLY EAVES PERDUE
GOVERNOR
September 2, 2009
N. C. Dept of Env. and Natural Resources
Division of Coastal Management
400 Commerce Ave
Morehead City, NC 28557
ATTN: Mr. Stephen Lane, DCM NCDOT Coordinator
SFP e??
""tb?s.??? lOpg Q
EUGENE A. CONTI, JR.
SECRETARY
upTs v
Dear Sir:
Subject: Request for Modification to Letter of Refinement for CAMA Major
Development Permit 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).
Reference: Permit 29-07
The North Carolina Department of Transportation (NCDOT) is requesting a modification to
Letter of Refinement for CAMA Major Development Permit No. 29-07 associated with R-
2510B. The following presents modifications to activities proposed in Tar-Pamlico River
buffers at Site 3 to allow for the draining of a small impounded area. There are no increases
in wetland or buffer impacts. Additionally, NCDOT is requesting the modification of the
construction method for bridge drain outlet protection in the wetlands on Site 6. Included in
this package are revised drawings and calculations for Site 3.
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
Summary of Changes
The following permit modification addresses activities at Site 3. Prior to roadway
construction a pond was present at this location. Roadway plans and permit drawings
indicated that the dam was to be removed and the pond drained, however, this did not
occur. Construction of the roadway has now created a small impoundment on the south
side of the road that collects water. There is concern the impoundment is creating saturated
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYEJS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
t3

konditions in the roadway subgrade. In lieu of removing the dam, a lateral grass swale is
proposed to drain the water from the impounded area. The swale will be constructed within
the existing drainage easement. Permit Modification 1 dated November 13, 2006
accounted for impacts to wetlands and Tar-Pamlico buffers in this area from the dam
removal and no additional wetland and buffer impacts are anticipated. The attached
drawing for Site 3 is not the permit drawing as no changes to impacts are occurring, but is a
design sheet showing the lateral drainage swale. When depicted on the permit drawings the
drainage swale is not visible beneath the hatch markings showing the wetland and buffer
impacts.
During the June 15, 2006 4B Interagency Meeting it was commented that gabion baskets, as
opposed to rip rap pads, be placed beneath the outfalls from the bridge drainage system.
These pads are shown on Sheets 19, 21, & 23 of the permit drawings. NCDOT requests the
option of using either rip rap pads or gabion baskets beneath the bridge drainage outfalls at
the same dimensions depicted on the existing permit drawings. The thickness of the rip rap
placed will be at a minimum 1.5 feet. Use of either method does not affect the amount of
wetlands that would be impacted.
General Proiect 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, 0.39
acre of surface waters, and 2,426 linear feet of stream channels. Wetland impacts consist of
6.04 acres of riverine wetlands and 1.88 acres of non-riverine wetlands. This requested
Permit Modification does not increase impacts to Waters of the U.S. or Tar-Pamlico
buffers.
PERMITTING ACTIVITY TO DATE
Clean Water Act Section 404 Individual Permit
The project received a Clean Water Act Section 404 Individual Permit (USACE Action ID
# 199301143) from the U.S. Army Corps of Engineers (USACE) 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. A permit modification for revised impacts based on
2
detailed design for R-2510B was submitted on November 13, 2006. On January 17, 2007
the USACE issued a permit modification. A second permit modification was submitted on
June 4, 2007, to cover minor changes observed during final design. A third permit
modification was submitted on July 2, 2007 for additional wetland clearing at Site 6
associated with the temporary use of Shuggart Swamp Mats and slightly wider clearance
limits for the southern portion of the main bridge. On August 7, 2007, the USACE issued a
permit modification for both the June 4 and July 2, 2007 requests. A fourth permit
modification was submitted on January 14, 2008 for 58 linear feet of stream and 0.01 acres
of surface water associated with a driveway culvert extension at Site 11. The USACE
issued a permit modification for this on January 17, 2008.
Section 401 Water Ouality 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 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. A permit modification for revised
impacts based on detailed design for R-2510B was submitted on November 13, 2006. On
February 13, 2007 the NCDWQ issued a modification of Certification 3527. A second
permit modification was submitted on June 4, 2007, to cover minor changes observed
during final design. A third permit modification was submitted on July 2, 2007 for
additional wetland clearing at Site 6 associated with the temporary use of Shuggart Swamp
Mats and slightly wider clearance limits for the southern portion of the main bridge. A
modification of Certification No. 3527 with additional permit conditions was issued by
DWQ on August 2, 2007. A fourth permit modification was submitted on January 14, 2008
for increases to Tar-Pamlico buffer impacts associated with a driveway culvert extension at
Site 11. On February 11, 2008 the NCDWQ issued a modification of Certification 3527.
Coastal Area Management Act (CAMA) Major Development Permit
A Consistency Certification was issued by North Carolina Department of Environment and
Natural Resources Division of Coastal Management (DCM) on October 31, 2005. The
proposed R-2510B section impacts the Public Trust Area and Public Trust Shoreline
CAMA AECs where it crosses the Tar River. A CAMA Major Development Permit
Application was submitted to DCM on November 13, 2006. A permit was issued by DCM
on March 6, 2007. The DCM issued a Letter of Refinement on August 6, 2007 for
requested modifications associated with Permit Modification 2 and 3 described above. A
Letter of Refinement was also issued on February 25, 2008 for requested modifications
associated with Permit Modification 4.
JURISDICTIONAL IMPACTS
Permit Modification 2 which was the major permit modification submitted on November
13, 2006 after detailed design of the project accounted for impacts to wetlands and Tar-
Pamlico buffers at Site 3 and Site 6 from the proposed activities. Impacts to jurisdictional
wetlands or waters of the U.S will not change with the proposed changes in activities.
3
REGULATORY APPROVALS
NCDOT is requesting a letter of revision from the Division of Coastal Management to the
CAMA Major Development Permit.
If you have any questions or need additional information, please call Ms. Maria Rogerson
or William Kincannon at [phone].
Sincerely,
Jay Johnson., District Environmental Officer
Cc: W/attachment
Mr. Brian Wrenn, NCDWQ
Mr. Garcy Ward, NCDWQ
Mr. Tom Steffens, USACOE
Mr. Jake Rigsbee, P.E., FHWA
Mr. Steve Sollod, NCDCM
Mr. Marshall Clawson, P.E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Andy Blankenship, P.E., Roadside Environmental
Mr. Chris Underwood, PDEA
Mr. C. E. Lassiter, P.E.
W/o attachment
Mr. Scott McLendon, USACE, Wilmington (Cover Letter Only)
Mr. Jay Bennett, P.E., Roadway Design
Mr. Art McMillan, P.E., Highway Design
Mr. Brian Yamamoto, P.E., PDEA
0
00
T Y
Q c L
? V
w?
c Z
o Q
W v
v ?
F u
.. p0
H n
v c
9 ?
O W
? N
Q O
O
'J L
m O O O
O ? `O G
V L
O
a O y
o ?
h L
rv y g
CGS-N

E c_ ?n
? a U
F c
v
O G
? N
O
a
a
?
a
p P

N
? N
a

L
`
F }

V
0 0
Y

c W ?
v c
r
V o 0
H

= L
co O
_
C

e
E
n
`o
0

c
u
m
6

3 ., c
0
F
G N.
F U

F ?
z

H
V?
v
Q

in Z
F
S °
y
K
N N
j m J
C, V S
O F K
Q
V
F y 0U a
a v W
Z
oQ
Q Q ? q ?
a2z?WQ
z
w a il''-I VN,
m O 0 a j Q
II II II 6 W K
In mZ II .-lU
O U W S II 11
m OOa `?U
m
Z
O
U m
zz??Z
Q Q ?
CK=FU - CZ
N N Q V
II V II Q
II II U II m m
O O m m 0 II
N , U o m
i
i
i-
?--
L?
i?
i ?ti
i
L
----
e
-- - - - - - - - - - - - -
I I
-------------- ------------------------------
--------------------------------
I I
-?
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1 i i I
- ?