20090570 Ver 1_Application_20090821

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR

EUGENE A. CONTI, JR.
SECRETARY
May 12, 2009
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
0g- O 5-70 Z
Attn: Mr. William Wescott
NCDOT Coordinator
Dear Sir:
Subject: Request for Modification to Individual Section 404 and 401 permits and Neuse
Riparian Buffer Authorization for construction of the US 70 Bypass. Construction of the
US 70 bypass from SR 1300 to East of SR 1556 in Wayne County. State Project No.
6.339002T. TIP No. R-255413A. Debit $575 from WBS 34461.1.1.
References: Section 404 Individual Permit issued July 21, 2008 (SAW 2088-0025);
Section 401 Water Quality Certification and Neuse Riparian Buffer Authorization
issued May 16, 2008 (DWQ No.20080570).
The purpose of this letter is to request modification to an U.S. Army Corps of Engineers (USACE)
Section 404 Individual Permit Modification, as well as a N. C. Division of Water Quality (NCDWQ)
Section 401 Water Quality Certification and Neuse Riparian Buffer Modification. In addition to the
cover letter, this modification request also includes illustrations for the permit sites involved.
Just north of the permitted impacts to Site 11 (R-2554 BA section) is a small stream that will be
impacted by the borrow pit the contractor plans to dig. It was determined during a site visit with the
USACE, NCDWQ, and NCDOT staff on February 10, 2009, that the Skaggs method would be used
to determine a setback of the pit from the stream channel. Knowing that the pit will impact the
hydrology of this first order stream NCDOT plans to do on-site mitigation at Site 10. At Site 10
there is a wetland that has a drainage feature that flows in the direction of the new construction. As
discussed with USACE and NCDWQ staff, NCDOT proposes to create a drainage pattern within the
already permitted mechanized clearing limits. This new feature would redirect water through a
channel to reduce water backup on the fill slope and improve the drainage pattern of the wetland.
Impacts of 42.8 m (140 ft) will occur to the stream north of Site 11. The length of the new channel
at Site 10 is 83.18 m (273 ft), base width is 0.9 to 1.2 m (3 to 4 ft), and the depth is 0.6 m (2 ft).
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone]DO2 4701 ATLANTIC AVENUE
PROJECT DEVELOPMENT AND ENVIRONMENTAL APo1LVsls SURE 116
1590 MAIL SERVICE CENTER WEBSITE: WWW.NCDOLORG RALEIGH NC 27604
RALEIGH NC 27699-1598
Therefore, the new channel will be 40.38 m (132 ft) longer than the impact stream at Site 11.
Streambank reforestation will include black willow and silky dogwood live stakes. Due to the
existing wooded area immediately south and embankment immediately north of the new channel, no
floodplain plantings will be installed. Water will not be turned into the channel until adequate
vegetation develops. Therefore, formal monitoring is not proposed.
13.0 Regulatory Approvals
Section 404: We are, therefore, requesting the modification of the USACE Individual 404 Permit
issued July of 2008 (SAW 2008-0025), for the above-described activities.
Section 401: We are hereby requesting a modification to the 401 Water Quality Certification from
the NCDWQ issued May 16, 2008 (20080570). In compliance with Section 143-215.3D(e) of the
NCAC, we will provide $570.00 to act as payment for processing the Section 401 permit
modification. We are providing five (5) copies of this modification request to the NCDWQ, for their
approval.
Neuse Riparian Buffer Authorization: NCDOT requests that the NC Division of Water Quality
review this modification request and modify the existing Neuse Riparian Buffer Authorization if
necessary.
A copy of this modification request will be posted on the NCDOT website at:
htti)://www.ncdot.oro/doh/preconstrucVi)e/neu/i)ennit.htnil
If you have any questions or need additional information, please call Mr. Chris Manley, at 919-431-
6746.
Sincerel
LA/ C
Greg'ryJ. horpe,Ph.D.
Environmental Management Director, PDEA Branch
cc List:
w/attachment
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
w/o attachment (see website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, P.E., Project Services
Mr. Mark Staley, Roadside Environmental
Mr. C. E. Lassiter, P.E., Div. 2 Engineer
Mr. Richard E. Greene, P.E. Div. 4 Engineer
Mr. Jay Johnson, Div. 2
Mr. Chad Coggins, Div. 4
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P.E., Programming & TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Andy Hussey, PDEA
Mr. Carl Goode, P.E., HEU
Ms. L.eiLani Paugh, NEU
Mr. Randy Griffin, NEU
Jurisdictional Channel North of Site 11 located on DOT owned property.
42.8 meters in length from outlet of a concrete crossline pipe to DOT ROW line.

901
i Sta.13+74A93
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Existing channel exiting the ROW
Length of new channel = 83.18 meters
Base Width of new channel =.9 -1.2 meters
Existing channel entering the ROW
Depth of new channel =.6 meters
Streambank reforestation to include Blck Willow and Silky Dogwood live stakes.
Due to existing wooded area immediately South of the new channel and embankment immediately North of the
channel, no floodplain plantings will be installed.
No water will be turned into the channel until adequate vegetation develops.
Site 10 New channel length = 83.18 meters
Site 11 Existing channel length = 42.8 meters
Net Gain of channel = 40.38 meters
New channel to be installed connecting the existing.
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Location of mechanized clearing zone and future location of new channel (Site 10)
Existing channel that will be "short circuited" along fill of future fill slope (Site 10).