19910287 All Versions_Complete File_20060420

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PROGRAM
April 20, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
yb
s,?F?Q X00
APB
Subject: Colington Cut Wetland Mitigation Site Deficit
Pasquotank River Basin, Cataloging Unit 03010205
Dare County, NCDOT Division 1
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the additional coastal marsh wetland restoration mitigation
required to offset mitigation deficit associated with the Colington Cut Wetland Mitigation
site. According to information provided by you in a letter dated April 14, 2005, the
remaining mitigation amount required is 0.41 acre coastal marsh wetland restoration.
The Colington Cut Wetland Mitigation site was constructed by the NCDOT in
1995 to offset unavoidable impacts associated with the construction of the TIP Number
B-2024. The site has demonstrated hydrologic success; however, some areas within the
mitigation site failed to reach optimum vegetative success criteria as required by the
NCDCM permit issued for TIP Number B-2024. The NCDOT has made several attempts
to remediate the site and contain the colonization of Phragmites australis onto the
mitigation site. Therefore, the NCDOT has requested the USACE, NCDWQ, and
NCDCM concur with the recommendation to "close out" the site and to provide
additional wetland mitigation to offset the deficits through another source.
The NCDOT elected to request mitigation assistance from the EEP for the coastal
marsh wetland deficits associated with the Colington Cut Wetland Mitigation site. The
NCDOT has discussed this recommendation with the proper environmental regulatory
agencies; however, EEP has not received any additional correspondence from the
USACE or NCDCM to indicate if concurrence to "close out" the mitigation site was
granted. The EEP will need verification from the USACE and/or NCDCM that the
Q??
may,..,. N EAR
.Y P-lu North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0416 / www.nceep.net
Colington Cut Wetland Mitigation site has been "closed out" and a final total of the
wetland ,mitigation deficits associated with the site.
EEP is discussing this issue with the NCDCM and USACE to determine the
appropriate timeframe that the mitigation debit is required. The additional mitigation
associated with the Colington Cut Wetland Mitigation site deficit was included in the
EEP's 2006 - 2008 Biennial Budget that was submitted to the NCDOT in April 2006.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Wi iam D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. Scott McLendon, USACE-Wilmington
Ms. Lynn Mathis, NCDCM-Elizabeth City
Ms. Cathy Brittingham, NCDCM-Raleigh
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
Mr. Marc Recktenwald, NCDENR-EEP
Mr. Randy Griffin, Jr., NCDOT-PDEA
File: Colington Cut Mitigation Site
I L L V-10
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'JAN 7 1991
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AREA CODE NUMBER EXTENSION
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Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
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DIVISION OF ENVIRONMENTAL MANAGEMENT
January 15, 1991
MEMORANDUM
TO: George Everett
THROUGH: Steve Tedder
FROM: John Dorne
q
RE: Colington Creek Wes , Dare County
As the attached file shows, the DEM Washington Regional
office has recommended that DEM comment negatively to CAMA about
this project due to the removal of significant SAV from the
proposed dredging. I agree but before I sign the attached CAMA
comment sheet, I would like your agreement.
JD/kls
GEverett.mem/D-3
Attachment
C
khS
/ u.
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 14, 1991
MEMORANDUM
w PSI
0: John Dorney
Water Quality Sect"
THROUGH: Jim Mulligan, Regional Supervisor
Washington Regional Office
THROUGH: Roger K. Thorpel; Water a ity
Washington Regional Office
fb-
1
Regional Supervisor
FROM: Deborah Sawyer, Environmental Technician ?.Q
Water Quality Section, WaRO
SUBJECT: CAMA Major Permit Application Review
Project 191-057-C
Colington Creek West, Buzzard Bay
Dare County

The above subject project has been reviewed by this office. A field
investigation was performed on 12/5/90. Submerged Aquatic Vegetation
(SAV) was noted at the bridge crossing at the time of the
investigation. The National Marine Fisheries Service has stated that
SAV beds are present within the area of Buzzard Bay and the mouth of
Colington Creek. The Division of Coastal Management and the Army
Corps of Engineers performed a site investigation to determine the
presence of SAV beds in Buzzard Bay as well as Colington Creek. The
field investigation showed prolific growth in Buzzard Bay as well as
moderate presence in Colington Creek. It is therefore recommended
that the Water Quality 401 Certification be denied due to the
potential destruction of the SAV beds and the potential degradation of
water quality due to this destruction.
If you have any questions or comments, please call this office. Thank
you.
DS/cm
' DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAM
COUNTY: PROJECT If: v "
STREAM OR ADJACENT WATER BODY: CLASS:
BASIN: S OPEN OR CLOSED: FOR S---LFISHING
STORMWA ER PLAN REQ'D:61(Y OR N)
IF YES, DAT PPROVED:
PROJECT DESCRIPTION:
ATSIGMY TO: &kjfS -
DATE APP. REC'D.: 9611 6:S7'- (YY/MM/DD) JOINT NOTICE (Y/N)
INITIAL REPORT: O (YY/MM/DD) RECOMMENDATION--
FINAL REPORT: (YY/MM/DD) (ISSUE/DENY/OTHER
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N).
IF YES: GENERAL CERT:_ (Y OR N)
TYPE GEN: (INDIVIDUAL CERT:_
(BULKHEAD, BOA RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE?
(Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
"LOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.
CONDITIONS OR PERMIT RESTRICTIONS:

cc: WaRO - Mills - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City

It
DIVISION OF ENVIRONMENTAL MANAGEMENT
LAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT
Y : N?E :
COUNT 0---t
STREAM OR ADJACENT WATER BODY:-&!I&
BASIN: OPEN OR CLOSED:
STORMWATER PLAN REQ'D: /( (Y OR N
IF YES, DATEPPROVED:
PROJECT DESCRIPTION:
X4-1

r

- G
CLASS
LLFISHING)

ASSIGNED T0:
DATE APP. REC'D.: g D // D S (YY//DD) JOINT NOTICE - (Y/N)
INITIAL REPORT: 9 D/ D7 (YY?MM?DD? RECOMMENDATION: OTHER)
FINAL REPORT:
WATER QUALITY CERT. (401)
CERT. REQ'D:ANERAL _(Y OR N)
IF YES: CERT: (Y OR N)
TYPE GEN: (INDIVIDUAL CERT: _
(BULKH BOAT ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: NIT
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE?-(Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE?
(Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.
RECOMMENDED CONDITIONS OR

STRICTIONS:

a
cc: WaRO - Mills - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City

m.?
` x?'uwu n ?x
l?qsy N?T6 FD
Alf) N 01ppice
State of North Carolina 5 1990
Department of Environment, Health and Natural Resource M
Division of Coastal Management
Highway 17 South * Elizabeth City, North Carolina 27909
James G. Martin, Governor
William W. Cobey, Jr., Secretary
November 2, 1990
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: County of Dare
Roger N. Schecter
Director
Project Location: Colington Creek, West, Buzzard Bay, Colington, Dare County.
Proposed Project: Maintenance excavate Colington Creek west to a uniform depth
of -6' with a width of 25' in the canal and 50' width in the channel in Buzzard
Bay.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by November 28, 1990. If you have any questions
regarding the proposed project, please contact David R. Griffin at 264-3901.
When appropriate, in-depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

OFFICE OF COASTAL MANAGEMENT Lat:36°0'30"N
' FIELD INVESTIGATION REPORT Long:75°41'53"W
1. APPLICANT'S NAME Count of Dare
2. LOCATION OF PROJECT SITE Colington Creek, West, Buzzard Bay,
rnl 4 nrr+-n„ naro (`nnf-v 1020 Dh^*^ Dnf • 1 -A g-7 v%^ 100A - u n -

3.
4.
Photo Ref: 138.-450.
INVESTIGATION TYPE: DREDGE & FILL X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT-10/30/90
(B) WAS APPLICANT PRESENT No
5. PROCESSING PROCEDURE: APPLICATION RECEIVED October 24, 1990
OFFICE Elizabeth Citv
6. SITE DESCRIPTION: (A)'LOCAL LAND USE PLAN Kill Devil Hills
LAND CLASSIFICATION FROM LUP Transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT:
(D)
(E)
(F)
(G)
YES X NO OTHER
INTENDED USE: PUBLIC X PRIVATE COMMERCIAL
TYPE OF WASTE WATER TREATMENT: EXISTING None
PLANNED None
TYPE OF STRUCTURES: EXISTING None
PLANNED None
ESTIMATED ANNUAL RATE OF EROSION N A SOURCE
7'. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
(B) NON-VEGETATED WETLANDS:
Unvegetated dune area
(C) OTHER:
Shallow-water habitat
(D) TOTAL AREA DISTURBED:
8. PROJECT SUMMARY:
6.9acres
200,OOOsa.ft.
(4.6 acres)
11.5 acres

CAMA X
I
the canal and 50' width in the channel in Buzzard Bay.
County of Dare
Bio Report
Page 2
Site Description
Connecting Kitty Hawk Bay to the north with Buzzard Bay to
the south, Colington Creek (west) bisects Colington Island. The
Creek is an important waterway for fishermen and recreational
boaters for access to Kitty Hawk Bay and Buzzard Bay. Commercial
fishermen regularly use this Creek for access to and from their
moorings and for access to several seafood docks on Colington
Island. One commercial fishing dock exists on the Creek where
approximately six fishing boats moor and unload their catch.
Evidence exists indicating the Creek has been previously dredged.
From the Colington Road Bridge south, the Creek averages 50'
wide with a dense stand of Spartina cynosuroides existing on the
west bank and a spoil bank with pines, oaks and myrtles existing
on the east side. Some 2000' south of the bridge, the Creek
widens to approximately 75' wide and is banked on both sides with
Spartina cynosuroides with Juncus roemerianus patches existing
along the shoreline; Phragmites spp•, Baccharis spp•, and Iva
spp• are scattered throughout the dense wetlands on either side.
Approximately 4000' south of the bridge, Colington Creek (west)
joins with Buzzard Bay. Water depths in the Creek vary from
-2.5' to -4.0' and are given in the applicant's information
packet (depths on the chart need to be adjusted shallower by 1'
due to high water at the time depths were taken).
Water depths gradually deepen in Buzzard Bay to -6' at
approximately 250 yards from the mouth of Colington Creek (west).
No submerged aquatic vegetation was observed in the Creek or in
Buzzard Bay along the alignment of the proposed channel. The
waters of Buzzard Bay, Colington Creek and Kitty Hawk Bay are
classified as SC (Fish Propagation) by DEM.
In December, 1982, CAMA permit #98-82 was issued to Dare
County Board of Commissioners authorizing the excavation of a 50'
wide, 6' deep, 6500' long channel beginning at the Colington Road
Bridge and running north in Colington Creek (west) toward Kitty
Hawk Bay. Therefore, this proposal is a continuation of the 1982
project in a southernly direction.
Currently, Dare County proposes to excavate Colington Creek
(west) from the Colington Road Bridge south into Buzzard Bay.
The proposal calls for a 16' wide (bottom width, 25' wide top
width) channel to be excavated to -6' NWL from the bridge to the
Creek's junction with Buzzard Bay. In Buzzard Bay, a 50' wide
(bottom width, 68' wide top width) channel would be excavated to
-6' NWL out approximately 250 yards (7501) to existing water
depths of -6' NWL. Open waters of this Bay require a widen
channel to navigate in all weather conditions. All excavation
County of Dare
Bio Report
Page 3
will be accomplished by a hydraulic dredge with spoil material
pumped east to "Run Hill" on the old Baum Tract in Kill Devil
Hills. There a diked disposal area (interior area of 5.2 acres)
will contain the spoil material with the effluent being directed
back into Colington Creek. Approximately 13,000 cubic yards of
sandy material will be removed in the excavation process.
Anticipated Impacts ,
The excavation of a 25' wide channel within Colington Creek
(west) may destabilize coastal wetlands along the narrower
portions of the Creek. Some loss of wetlands may occur due to
sloughing off into the excavated channel. Increased turbidity
will result from the use of the hydraulic dredge. No submerged
aquatic vegetation will be excavated for the project.
CAMA Review
No constraints are identified under the transition
classification under the Kill Devil Hills Land Use Plan for the
placement of spoil material on "Run Hill".
Submitted by: David R. Griffin
Date: November 1, 990
f ?
pEOFIVED
OCT 1 5 '90
Erin.;,,an City i
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Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
P!--?u IV ED
Ki i _C?Oo
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
ary
b. Is the proposed activity maintenance of an
existing project, new work, or both?
M 6A" 11V.1AC4.i
c.
Will the project be for community, private, or
commercial use?
1_? Jyt c. &*?ov\ - f cow. . `h
Name__ D ARC CnuIV?T F-Txy ?fcL - cevt?+cie?
Address N. 0 - -.Of, Avut?2 \o 0 0
City M Avtc't-o State yl C-.
Zip X715 Day phone °(koi_ 4-13-110
Landowner orAuthorized agent
b. Project name (if any) WQslr C_dUv% 6D CceC-k
?cecQc\winu 'Pao ?
c. If the applicant is not the landowner, also give the
owner's name and address. C SQ°?? s?}t
Dc\rti Co 3oar-? ? ?txca?f;pv?
?. 0 . D Ra .\tc- t..4 0
?[V1 uKst.e? . +n c. ?-t g ? y
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
AA pCO-Vl- 'b art VA - Co VI461 IRA
J -3
b. City, town, community, or landmark
c. County 3>cccf_
d. Is proposed work within city limits or planning
jurisdiction? Cool Aisfla .L .1 )Kk11 Dr-W N,IL
e. Name of bod of water nearest project
'L vz.?.ar•d ?a\? ? Col??Ka1?. Cct?k ?w?s! ?,.,
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
d. Describe the planned use of the project.
1AAk ?Il0.N c J aA
?s n o +
Q0V%4VAeT_C(fAL
.r. nod
4 LAND AND WATER
CHARACTERISTICS
s?o?l --%W- \za accf- Arud
a. Size of entire tract _ SQe- wJneg s,1e- = 9.1 arse!
} }o t
b. Size of individual lot(s) h I A t0.0 04
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
V aQ\tS' 10 tag- tJ
d. Soil type(s) and texture(s) of tract
Sated
e. Vegetation on tract %,P ,A sAe_ er ca%w? -
f. Man-made features now on tract S6.aok es n?cev??,r
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation ? Transitional
Developed Community
Rural Other
h. How is the tracr zoned by local government?
G ootrnmeV-A' - \ y%,&kt4UAft.-0r?dl
L How are adjacent waters classified?
c,
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? n _ If so, by whom?
or pier). \/cedA\na -N& nna?Anatn ate ex%sr%;u
0.
4elis dL _?• "0.oard s1 M cogrt,?( w.
-\;,L \va-..
9/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.. yJ ) A
a. Type and number of buildings, facilities, or
structures proposed vl 1 A
b. Number of lots or parcels y1 A
c. Density (Give the number of residential units and the
units per acre.) h 1 A
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? W I /?
r
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List die materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? vt I A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
V1
k. Describe existing treatment facilities.
A( -A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, indust?ial/cornrnercial effluent, "wash
down"). nI A
i _3VED
pi:R1
m. Water supply source V1 IA N
'
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
v\! A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? n I A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
/'Vo achieve. Jv_ Length ' Width Depth
Access chanrfel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas Se-Q-, wta e
,0100 IX s
?,oa0 S-'o (0
b. Amount of material to be excavated from below
water level in cubic yards Ap,,ao%. 28,=c_-jAS.
c. Type of material LAZ e.2ka(_\AQJ So,L exwAusv,
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
Ao
e. High ground excavation, in cubic yards
9/89
f. Dimensions of spoil disposal area
S t._ c+ck? y- tr? inn e?t4 .
g. Location of spoil disposal area
h. Do you claim title to the disposal area? A o
If not, attach a letter granting permission from the
owner. ? Set- 1C*c,Z
i. Will a disposal area be available for future
maintenance? ?-o
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
A0
k. Will the fill material be placed below mean high
water? n o
1. Amount of fill in cubic yards Appw&. 'At coo
m. Type of fill material Sea.. C*M1AQ&- d"at se.1
n. Source of fill material (-ok. Cack/ ?11,>22A4
o. Will fill material be placed on marsh or oilier
wetlands? V1o
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
be xll %ed wl ar'VtA&V% bQCAVA i Sko?C_
?s-n br .cee?e? ? rnklc?d?
r. What type of construction equipment will be used
"(for example, dragline, backhoe, or hydraulic
dredge)? 1,J dcayl«_ Are.&ae.
s. Will wetlands be crossed in transporting equipment
to project site? ]P
to If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION Y% (A
a. Length of bulkhead or riprap 01:A
b. Average distance waterward of mean high water or
normal water level V11 A
c. Shoreline erosion during preceding 12 months, in
feet ?n 1.4
d. Type of bulkhead material h I
e. Amount of fill, in cubic yards, to be placed below
mean high water ??1 A
RFG?lV?a
f. Type of fill material vi l A
OCT 1 5 '90
8 ADDITIONAL INFORMATION ,inGY
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I I white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
2?ea.l aketAV-9 \Xs?_
9/89
Kpme L\ ST' A-WctcX.e&
Address
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Department of
Health, Environment & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application. ;
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of (1 okl4-- '19,70.
X L r!-?
Landowner or Authorized agent
RECEIVED ,
OCT 15 ,90
ray-?:,
Fi!?ut?r;;h MY
4 9/89

NOTES OC` 5V
1. The depth measurements start on the immediate south side t`'''`om
of the second bridge in Colington, continue down the
entire length of the canal and extend approximately 500
yards into Buzzard Bay. A total of sixty-five depth
measurements were recorded; 31 depth measurements were
taken in the canal, 35 measurements were taken in Buzzard
Bay along the channel. Along the canal, one measurement
was taken in the canal center, one west of the center,
one east of the center. The west and east readings were
taken approximately 25 feet from the center measurement.
Some areas in the canal were not wide enough to allow a
25 foot separation, so the readings were taken on the
edge of the bank. Once out of the canal, measurements
were taken following the channel. The beacon that is
located near the mouth of the canal was used as the
center point. A depth measurement was taken in the
center, one 50 feet to the west, one 50 feet to the east.
2. At site 11, trees have fallen across the canal. The
local fishermen have cut the middle out of the trees to
allow for boat passage but the trees still pose
navigational hazards. These trees will need to be
removed before dredging can take place.
3. The local fishermen have placed stakes from the mouth of
the canal to the beacon located near there that follow
the channel.
4. The canal is very shallow and very narrow in places as is
the mouth of the canal which will require extensive
dredging.
5. The wind was out of the Southeast at approximately 15-20
mph on the date of depth measurements, therefore the
water depth was 8" to 12" higher than normal. On days
when the wind is out of the Northeast at 15-20 mph or
stronger, the water depth would be 12" to 24" lower than
normal particularily when these wind conditions continue
for 24 hours or longer.
6. The beacon used for the center marking is located at site
38, approximately 100 yards from mouth of canal.
These depth measurements were taken on October 9, 1990.
Submitted by Tommy Beasley:

DEPTH FINDINGS IN COLINGTON DITCH
West
Center East
site 1 216" 416" 2'
Site 2 3' 4'6" 2'
Site 3 2' 4'6" 1'
Site 4 116" 4' 1'
Site 5 6" 5' 6"
Site 6 6" 5' 116"
Site 7 6" 5' 6"
Site 8 1' 41F8" 1'
Site 9 1' 4' 1'
Site 10 3' 416" 1'
Site 11 1' 5' 2'
Site 12 6" 5' 6"
Site 13 115" 5' 6"
Site 14 1' S' 1'
Site 15 1' 5' 2'
Site 16 116" 416" 116"
Site 17 116" 316"- 116"
Site 18 1' 4' 1'
Site 19 116" 4'6" 1'
Site 20 1'6" 418" 1'6"
Site 21 1' 416" 116"
Site 22 It 5' 1'
Site 23 116" 5' 1'
Site 24 1' 5' 1'
Site 25 It 416" 1'6"
Site 26 5' 1'
Site 27 416" 116"
Site 28 6" 5' 1'
Site 29 6" 5' 6"
Site 30 5' 1'
Site 31 5' 1'
Site 32 2' 4'6" 116"
Site 33 2' 4' 2'
Site 34 2' 3' 216"
Site 35 216" 3' 3'
Site 36 2'6" 3' 4'
Site 37 3' 3' 49'6"
Site 38 3' 3' 416"
Site 39 4' 4'6" 5'
Site 40 4'6" 5' 516"
Site 41 5' 516" 516"
Site 42 5'6" 5'6" 6'
Site 43 6' 516" 6'
Site 44 6' 6' 6'
Site 45 616" 6' 616"
Site 46 6'6" 616" 616"
Site 47 616" 616" 61619
Site 48 616" 61F6" 616"
'Ca`, --V\ A-P-- 4,-
WA ck- v2.\c_ ?Vl L ?,J
1i4.`,i 1 5 '90
West Center East jr/ 1
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Site 49 7' V 7' 5,90
Site 50 7' 7' 7' pCj 1
Site 51 7' 7' 7'
Site 52 7' 7' 7'
Site 53 7' 7' 7'
Site 54 7' 7' 7'
Site 55 V 7' 7'
Site 56 7' 7' 7'
Site 57 7' 7' 7'
Site 58 7' 716" V
Site 59 7' 7'6" 716"
Site 60 71611 71611 71611
Site 61 716" 716" 716"
Site 62 7' 716" 716"
Site 63 7' 716" 716"
Site 64 7' 716" 7'
Site 65 7' 716" 7'

OC1 1 5 ,90
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Westinghouse Environmental
and Geotechnical Services, Inc.
June 22, 1990
Dare County Inlet and Waterways Committee
Post Office Drawer 1000
Manteo, North Carolina 27954
Attention: Ms. Eve Trour
Reference: Dare County Project
Laboratory Test Results
Job Number 1053-90-257
Dear Ms. Trour
0?1 1- 100
3109 Spring Forest Road
P.O. Box 58069 ps,?t osn U14
Raleigh, North Carolina 27658-8069
[phone]
Fax[phone]
At the request of Mr. John Sutherland with the NC
Department of Water Resources Division, Westinghouse
Environmental and Geotechnical Services has performed laboratory
Grain Size Wash #200 Analyses on six (6) delivered bulk soil
samples.
Attached please find Grain Size Distribution Curves
for each sample. If you have any questions or comments
concerning these results, please contact our office.
Very truly yours,
WESTINGHO IRONMENTAL AND
GEOTECHN VICES, INC.
a C-
Ma; rtson, P.G.
Fid ions Manager
Const
Johnson, P.E.
ion Services Manager
MAR/DEJ/jis
Enclosure(s)
A Westinghouse Electric Corporation subsidiary.

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State of North Carolina
Department of Environment, Health, and Natural Resources
-Division of Marine Fisheries - - -
P.O. Box 769 • Morehead City, North Carolina 28557-0769
_ James G. Martin, Governor _ William T. Hogarth, Director
William W. Cobey, Jr., Secretary [phone]
MEMORANDUM
TO: John R. Parker., Chief DCM Major Permits Processing Section
THROUGH : Mike Street ??2' v -
FROM.- Sara E. Winslow, Biologist Supervisor?
gton_?reek; --Test Bu zards Bay,-
C
amount- of- ?3are olic
EC y -
'Co ngtori Project Proposal
DATE: 3 December 1990
The NC Division of Marine Fisheries (DMF) is concerned with
the proposed maintenance excavation of the Colington Creek and
- Buzzards Bay areas, due to the extreme species diversity,
productivity of the area and loss of sub-merged aquatic
vegetation. However, local fishermen and boaters are dependent
a st ai3 t he pro _ec rQvides public
- ???om -naviga?ibn improvemen?"?r1d .WIMY-?.;_ _
DMF began conducting a juvenile survey in the Colington
Creek and Buzzards Bay areas during 1984. Species diversity in
this area is high, with at least 38 euryhaline species of fish
----- ----and .8 species of invertebrates captured. At least 11 species of
----fish important to recreational and commercial fisheries (spot,
croaker, weakfish, blueback herring, alewife, spotted seatrout,
red drum, American eel, flounder, striped mullet, white perch),
_four species of valuable invertebrates (blue crabs, brown shrimp,
pink shrimp, white shrimp) and one endangered species (loggerhead
___turtle) have been captured in the area.
_._`__-_--The -- -division's sampling program has documented that the
Colington Creek - Buzzards Bay complex functions as "an initial
primary nursery area" and a secondary nursery area for the
previous mentioned species; though not officially designated by
An Equal Opportunity Affirmative Action Employer
. John R. Parker.
December 1990
age 2
regulation. The importance of the area as a nursery-is well
-__noted, ---as it-is--presently. --closed-to-trawling - by -the division's - -
proclamation authority..
This agency requests a- dredging moratorium from 15 February
through 31 October to ensure the environmental integrity of the
area is protected during critical times of usage by the above
mentioned species.
Although the site description states no submerged aquatic
vegetation was observed in the Creek or in Buzzards Bay along the
alignment of the proposed channel, it should be noted that
submerged aquatic vegetation (SAV) is quite prolific throughout
the area. Widgeon grass -.(Ruppia maritima) and Eurasian water
milfoil (Myriophyllum snicatum)..---have been documented at all of
the DMF sampling sites in the area and by NC Wildlife Resources
Commission.--biologist in the project area. The -importance- of
= sub-merged aquatic vegetation to estuarine -.ecology--and -fisheries
p3-cx:=1ena_deir docente= -the ?ex?r3or3=ef -;=the
- "cianiel wiluse d-ireot--damage`' tr: --`the i. aiat`i?getaton
habitat and the bottom dwelling organisms which maybe a link or
source of food to the fish utilizing the area.
The division is also concerned with the possible sloughing
off of the marsh as a result of the channel excavation.
This agency recommends if possible that the 50' wide channel
in Buzzards Bay be reduced.. The reduction would result in less
SAV's being destroyed by the project.
i
r
tMl or
UNITED STATES, OEP.ARTNIENT OF COMMERCE
?a
National Oceanic and Atmospheric Administration
NATIONAL MARINE -FISHERIES,SERVICE
'°*lis°f? !Southeast Regional office VI(T
9450 Koger- Boulevard ? (r ?+, 0qo
St. Petersburg, FL 33702 1
December 4,.1990. F/SER21/PV
919/728-5090
Lt. Colonel Thomas C. Suermann
District Engineer, Wilmington District r-
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402-189
Attention Ralph Thompson
Dear Colonel Suermann:
The National Marine Fisheries Service (NMFS) has reviewed Public
Notice 91-N-028-0090(GP) dated November-8, 1990, whereby Dare
County proposes to excavate Colington Creek West in Dare County,
North Carolina.
3ased_on a__November 26,..1990, on-site inspection and ,,.a review of
aerial photography, =tee --haves determined- _ tbat_ this C work._.would -be
detrimental to fishery resources due to the excavation of up to 4.6
acres of submerged aquatic vegetation (SAV) vegetated with Ruppia
maritima. The SAV habitat observed in Colington Creek and Buzzard
Bay is a source of detritus that is an important component of the
aquatic food chain, and it provides a nursery area for a variety of
commercially and recreationally important species of fish and
shellfish.
We are also concerned that dredging the channel along narrower
portions of Colington Creek, vegetated with Spartin_a cynosuroides
ande_ us;i-11result in an undetermined amount of
- aetla ?d -Voss through slouag-hing gkpse wetlands _ rov de _ food t = ----- -- --
?-
habitat, and water quality maintenance functions that `are important
for continued fishery production.
Although the public notice presents this work as maintenance
excavation,. it appears that no dredging has occurred in the creek
for many years:- Therefore, we recommend that this permit not be
_-_issued,___Alternatively, we would not object to a clearing and
snagging operation to facilitate the passage of commercial and
recreational boat access through Colington Creek.

. ?A Yr051ti•?
r
Vd"l
r '
-2-
e the opportunity to provide these cotments.
Sinc ly? y rs',
Grit
And. as Mager, J .
n Ass stant Region 1 Director
_ ) Habitat Conservation Division

IWA

tk
December 21, 1990
COUNTY OF DARE
P-l %V,1 T E_:,..) N 11-: - I 27954
Wayne Wright, Chief
Regulatory Branch
US Army Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Mr. Wright:
P. O. BOX 1000
PHONE [phone]

a--•
Thank you for the opportunity to provide the Corp--of
Engineers with additional documentation concerning Dare
County's application for a permit to dredge West Colington
Creek (Action ID No. 199100090). Dare oun y received your
letter Monday with the recommendation of denial by the
National Marine Fisheries Service. We have comments in
several areas, as noted in the attached paper.
I have also enclosed other material for your attention.
Letters from the Dare County Board of Education and the Town
of Kill Devil Hills address other public benefits to be
derived from this project. A copy of a portion of a NOAA
chart documents the historic navigation designation of
Colington Creek (West).
I have attempted to reach Mr. Ralph Thompson in the
Washington Regional office several times in the past two
weeks with no success. I will forward a copy of this packet
to his office for his attention as well as yours.
Thank you again for the opportunity to address these issues,
and I look forward to hearing from you soon about any
additional information you may require.
Sincerely,
Eve Trow-yang
Dare County Oregon Inlet and Waterways Commission
cc Mr. Ralph Thompson, Corps of Engineers
Mr. David Griffin, Coastal Management
Mr. John Parker, Coastal Management
Mr. Pete Kornegay, N.C. Wildlife Resources Commission
Mr. Ron Sechler, National Marine Fisheries Service
,/Dr. George Everett, Environmental Management

f ?9?f I••? ?' ?_ ? he ra .. ? ? ? ` ??
VE-C i T

0L
LAND OF BEGINNINGS

COLINGTON CREEK (WEST) DREDGING PROJECT
Maintenance Dredging of Creek
As our permit application states, this work is maintenance
dredging in an existing watercourse. While Colington Creek
(West) has not been dredged in recent years, spoil mounds are
evident along the east side for the length of the creek,
testifying to earlier dredging projects there. This project
is actually a continuation of a county project permitted in
1982 and excavated in 1985. That project deepened this
existing channel to the north and provided access for
commercial fishermen to their fishing grounds in Blount Bay
(north of Colington Road). That permit did not seek to
dredge the channel to the south due to the lack of an
appropriate spoil site. A spoil site has now been provided
which also offers additional public benefits.
Perhaps the most conclusive evidence of this creek's historic
use as a navigable waterway is the presence of a U.S. Coast
Guard-maintained navigation marker, Lighted Aid #2, which
personnel at the Coast Guard Station Oregon Inlet confirm has
been placed to mark the entrance to Colington Creek (West)
for boaters. This marker is located about 75 yards off the
mouth of the creek at 36:00.00 W, 075:41.60 N and is shown on
a 1984 NOAA Chart, #12205 (see attached). It is also shown
on more current charts.
Dare County's geography is spotted with narrow ditches dug
for drainage purposes which are not maintained for
navigation. These ditches are much narrower, about 10 to 15
feet in width at the most; some of these are as narrow as two
feet. By comparison, Colington Creek (West) at its most
narrow portion is about 30 feet wide; in some places the
creek is more than 50 feet wide. Colington Creek (West) is
clearly not a "mosquito" ditch but was dug historically and
has been used as a navigable waterway.
Impact on Wetlands
Dare County's proposal does not include any widening of the
existing canal (West Colington Creek). As you will see by
our permit application, the slopes proposed for the creek
section of the project are 1.5 to 1; in addition, we propose
a 25 foot TOP width, with a 16 foot bottom width to avoid
impacting the adjacent shorelines. These widths were chosen
to ensure that no wetlands would in fact be impacted by the
dredging operation. We do not propose to increase creek
widths, nor, for that matter, to dredge the full width of the
canal. We would therefore disagree with the conclusion that
the dredging project as proposed would adversely impact
shoreline wetlands.

2
Although there are existing spoil mounds all along the east
side of the creek, we do not propose to place our spoil in
these areas. Our permit application covers the removal of
material via pipeline dredge and its disposal on property
owned by the Dare County Board of Education at Run Hill,
property which a number of state and local agencies are
anxious to see filled, for environmental reasons. We also
propose to have the dredge pipeline run an additional
distance in open water to avoid carrying it overland and to
avoid the temporary, minimal impact on adjacent wetlands
there. That decision, while making the overall project more
costly by increasing the total length of pipe needed, will
protect wetlands on adjacent and nearby properties.
Use of Channel: Historic and Future
Two commercial fish packing companies are located just north
of the upper limits of the proposed project: Outer Banks
Seafood and Nunemaker's Seafood. In addition, a third crab
company, Endurance Seafood, is located to the east. A
wholesale and retail business, Billy's Seafood, is located
off of Colington Creek East. All of these businesses are
supplied by local watermen, some who live in other areas of
the county but dock in Colington, and who have used this
channel historically. Shoaling has virtually prevented its
use in the last couple of years.
The boats which have transited this channel, and will transit
this channel in the future if dredging is accomplished, are
in the 25 to 30-foot class, with average drafts when loaded
of two to four feet. According to Robbie Beasley, owner of
Outer Banks Seafood, approximately 40 boats regularly crab
out of the Colington area, and have used or would use this
channel if dredged for access to the crab grounds. The hard
shell crabbing season generally runs from April through
October, with the soft shell crab season peaking in May or
June. This resource is worth between $2 million and $5
million annually, depending on fluctuations in catch and in
market prices. Mr. Beasley said a trip during the hard shell
crabbing season could produce 1,500 pounds. Soft crabbing is
more lucrative, and individual crabbers who are willing to
work long, hard hours have been known to gross $75,000 in a
year from both hard and soft crabbing.
other Public Benefits: Spoil Disposal
As noted above, this project was not performed in past years
since no suitable spoil site was available. Since then, the
Dare County Board of Education has offered a site on nearby
property it has mined for school construction. The attached
letters from Pat Harrell, Superintendent of Schools, and from
Alden Hoggard, Manager, Town of Kill Devil Hills, point out
the additional public benefits to be derived from this
t
3
project by placement of these spoils on the Board of
Education property. Dredging this channel this winter will
allow timely spoil disposal for protection of Run Hill. In
addition, it will help to satisfy concerns expressed by the
Kill Devil Hills Town Board and several state agencies as to
the need to have this borrow area filled as soon as possible.
Summary
In conclusion, Dare County is seeking a permit for a dredge
and fill project which serves numerous public interests: it
will re-open an existing navigable waterway for area
commercial fishermen; it will offer protection to Run Hill in
a timely manner; and it will assist the Dare County Board of
Education in its mission to provide adequate school
facilities for Dare County's children.
For these reasons, Dare County respectfully urges the U.S.
Army Corps of Engineers and the N.C. Division of Coastal
Management to immediately issue the necessary permits so that
this work can begin as soon as possible.
Pare Tountg1 -Voard of ?durafivn
LOUIS MIDGETTE, SR. P.O. BOX 640
MANTEO MANTEO, NORTH CAROLINA 27954
VIRGINIA TILLETT 919-473-1151
MANTEO
RANDOLPH O'NEAL
WANCHESE
DAVID DANIELS December 18, 1990
KILL DEVIL HILLS
ALLEN BURRUS
HATTERAS
Eve Trow-Vang
Oregon Inlet Waterways Commission
P.O. Box 1000
Manteo, NC 27954
Dear Eve:
JAMES P. HARRELL
SUPERINTENDENT
The Dare County Board of Education is unanimous in its support of the
Colington Harbor dredging project. All parties associated with this
project, Dare County Watermen, Dare County, Oregon Inlet Waterways
Commission, Nature Conservancy, and the Board of Education, stand to
benefit significantly with the completion of this project. The project
is an excellent example of a cooperative effort among many parties and
illustrates a cost effective solution to solving environmental issues.
The receiving site for the dredge spoil is located on property owned by
the Dare County Board of Education. Elementary and middle schools are
currently under construction on this site, and are scheduled for
completion in 1991. The dredge spoil will be deposited in a borrow area
on the site. Sand was removed from this area to establish a pad with
minimum required elevations for the construction of the two schools.
Replenishing the borrow area with the dredge spoil is mutually
beneficial to the Board of Education for aesthetic and safety purposes
and to Nags Head Woods and the Nature Conservancy for the protection of
a nearby sand dune. Completion of the dredging project in the winter of
1990-91 will coincide with the scheduled construction for our schools
and will enable the board to proceed with final site work.
We appreciate your prompt attention to this project and welcome the
opportunity to discuss our involvement with you.
Sincerely,
James P. Harrell
Superintendent
JPH/pwm
c: Board Members
Tom White
i.11110 BILL DEVIL HILLS
December 21, 1990
LOWELL M. PERRY
Nlavor
CLYDE A. BOUNDS
C.E. BROUGHTON, JR.
JOSEPH DFNEKE
W.M. "DOUG" FORAM
C tJmm:.m4wiers
WALLACE H. MCCOW`
Town Atromcy
W. ALDEN HOGGARD, 111
Town %fanagcr
DEBORA P. DIAZ
Ass-want Tvwit'4anager
MARY E. QUIDLEY, CMC
Tonn Clcrk
AdrnmLaanzvc A,>kranc
REBECCA E. WESCOTT, CPA
Diroccor of Tax mid Financc
WILLIAM G. LOY
Dirccror of Planning
R„d Developmcnt
)ARRELL A. MERRE:LL
)irccmr 1( Water
nd Wa;rewarcr scrvict->
%A. SMITH
iirec or o( Public )Vork-s
WILLIAM E. CARD
rc Chirf
? MES H. GRADELE5S
hicf t,r Police
Dr. George W. Wright, Chief
Regulatory Branch
Army Corps of Engineers
PO Box 1890
Wilmington, N.C. 28402
RE: Dredging Colington Creek
Dear Dr. Wright:
The Town of Kill Devil Hills actively supports
the Dare County efforts to dredge the Colington
Creek area to provide improved navigation and
safety for local commercial and recreation
boaters. The project is timed to coincide with
school construction where a specific need exists
for suitable fill material to replenish a
"borrow" area. The Town approved the school site
plan with a condition that the borrow area be
replenished as soon as economically practicable.
The Town has also long discussed the possibility
of developing a public access on these waters.
our current shoreline Access Plan references this
potential in our long range plans for land use
and recreation. Such a facility, in conjunction
with a navigatable channel, would improve the use
of one of our major resources, recreational
waters.
Please consider these comments as you review the
Dare County project. Thank you,
Sincerely,
L/ - (?t &L.-x
W.
Alden HoggardI
Town Manager
CC: Mayor and Board of Commissioners
Dare County Board of Commissioners
Dare County Board of Education
[a 002
Po?-r Office Boa 1719
16.34 N. Cmacan Highwx-ay
Kill Dt,-il Hilt;, NC 27948
[phone]
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SOUNDINGS IN FEET AT MEAN LOW WATER 70
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NOTICE OF FILING OF A10V1
APPLICATION FOR CAMA MAJOR DEVELOP,_
PERMIT AND WATER QUALITY CERTIFICATe\I\\ON
. The Department of Environment, Health and Na ral- -go.' rces
hereby gives public notice as required by NCGS 113 ) and
143-215 3(a)(1)(c) that the COUNTY OF DARE of Dare County, filed
an application- on----October --34 -- --1990, for - a permit -from __ the
Division of Coastal Management to develop in an Area of
Environmental Concern and for certification from the Division of
Environmental Management that a discharge of fill material in
project wetlands will not violate applicable water quality
standards.
According to said application the COUNTY OF DARE proposes to
maintenance excavate Colington Creek west to a uniform depth of
-6' with a width of 25' in the canal and 50' width in the channel
in Buzzard Bay.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
David R. Griffin, Division of Coastal Management, located at the
Division of Coastal Management, Route 6 Box 203, Elizabeth City,
N.C., 919/264-3901, and/or the office of Deborah Sawyer, Division
of Environmental Management, NRCD Regional Field Office,
Washington, N.C., [phone].
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
December 6, 1990. The issuance of the CAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
Allpersons desiring to make comments should do so in
- - -- - -- - --
writing to Roger Schecter, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 1, 1990 for consideration in the CAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611, prior to November 26, 1990 for
y consideration in the water quality certification decision. Later
- -- --comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
willbe provided upon request.
PUBLISHED ON: Sunday, November 11, 1990 _-_ ---1 --------- -

X,-) 11/? -1
B-2024 Project Summary
Dare County, Proposed Replacement of Bridges 5 and 6 on SR
1217 over Colington Cut and Creek
11/19/90 Permit drawings and application sent to consultant.
2/7/91 Consultant presented his mitigation plan to NCDOT. Review
of this plan revealed several missing or inadequate
points. The plan was given back to consultant for further
work; specifically to define acreages and availability of
some off-site mitigation areas, and to include aquatic bed
mitigation in the plan.
2/21/91 Consultant
were still
impact acr
dispose of
Hydraulics
disposal.
returned permit and mitigation plan. There
problems, including using the wrong wetland
eages. There was also a question of where to
the hydraulic dredge spoil. Requested
Unit to deal with the issue of dredge spoil
2/25/91 Held meeting with consultant in an attempt to resolve
several problems with mitigation plan. Consultant agreed
to submit corrected package within two weeks.
4/24/91 Received package from Consultant. Package still required
a few minor modifications. These modifications were
handled internally.
5/17/91 Permit applications for both bridges sent to DCM, COE,
DEM.
6/17/91 Mr. Pete Colwell of DCM requested that several questions
be answered prior to the processing of our application.
NCDOT decided to handle project internally and not further
involve the consultants. Several of Mr. Colwell's
questions dealt with alignment choices. Sent a request to
C. Casey asking for assistance in answering the design
related questions.
8/26/91 Resubmitted permit application for both bridges. The new
application addressed all DCM concerns. Mitigation plan
also revised reflecting changes requested by DCM.
11/12/91 Received project comments from USFWS and NMFS. Both
agencies suggested that NCDOT's application be rejected as
is.
11/12/91 DCM extended decision time an additional 75 days.
Also received COE letters dated Nov. 5 and Nov 6, 1991, in
which COE requested response to concerns raised by USFWS

and NMFS.
11/22/91 Received DCM, State Marine Fisheries and NCWRC concerns
over project, which were similar to those expressed by
USFWS and NMFS.
12/6/91 After meeting with O'Quinn, Bruton and Pipkin, it was
decided that NCDOT would leave application as is, and
refer to alignment choice discussions in EA/FONSI. It was
also decided to ask for a permit decision based on our
current proposal. NCDOT would redesign the project if the
permit was denied.
12/13/91 A letter requesting that a permit decision be issued based
on our most recent permit application was sent to COE and
DCM.
1/16/92 Barney O'Quinn granted an extra 30 days to decision
deadline.
1401 Water Quality Certification issued.
1/30/92 A meeting was held between NCDOT and DCM personnel in an
attempt to resolve environmental problems. NCDOT agreed
to revise intersection and delete canal relocation. DCM
rejected the main mitigation site proposed by the
consultant, and requested that the Department investigate
using a series of dredge spoil islands south of bridge 5.
NCDOT agreed to allow the processing of our permit to stop
until revised design and permit drawings could be
developed.
3/4/92 Received design plans from Design Services and sent a copy
of these to Hydraulics Unit. Requested that new permit
drawings be prepared as soon as possible.
3/19/92 Received new permit drawings from Hydraulics Unit.
3/25/92 Met with John McDonald (Div. 1 Const. Eng.) and examined a
1 acre dredge spoil island south of bridge 5. Asked Mr.
McDonald to provide feasibility and cost estimates.
5/7/92 Mr. McDonald advised P and E that a contractor had
estimated that it would cost =$176,000 to access and
prepare the site for planting. P and E deemed these
amount excessive. Phoned DCM personnel and asked for
their assistance in finding other mitigation options.
5/13/92 Sent letter to DCM asking for their assistance in finding
other mitigation options.
5/27/92 DCM advised Barney O'Quinn of an individual who may be
T
able to perform work on dredge spoil islands for much
less than $176,000. Mr. McDonald will get an estimate
from this individual. If NCDOT still feels that the cost
will be excessive, Mr. David Griffen (DCM) proposes that
NCDOT submit a letter stating what actions we have taken
to try and find suitable mitigation sites, that we have
exhausted all feasible mitigation options, and that NCDOT
proposes to debit wetland losses from the Company Swamp
Mitigation Bank-on a-2 l --replacement basis.
5/28/92 John McDonald provided an estimate from the contractor
that DCM suggested that we contact. This contractor
estimated that he could perform the work for between
$90,000 and $110,000. This price was deemed excessive.
6/9/92 A letter to DCM was prepared for Barney O'Quinn's
signature. This letter stated that all mitigation options
had been exhausted, and proposed that mitigation for the
remaining acreage be accomplished by debiting the Company
Swamp mitigation bank on a 2:1 basis. NCDOT requested
that a decision be made on the project based on this
information.
6/29/92 Talked to Mr. John Parker (DCM permit coordinator). Mr.
Parker indicated that our proposal to debit from the swamp
bank was not acceptable because the swamp bank could only
mitigate for bottomland hardwood and swamp hardwood
impacts. Mr. Parker suggested the possibi ity of
performing shellfish enhancement measures to mitigate for
the remaining impacts. Mr. Parker will discuss this
matter with other state agencies and let NCDOT know of the
outcome of these discussions.
7/6/92 NCDOT changed mitigation proposal from debiting from
Company Swamp Bank to creation of shellfish bed habitat
using a 2:1 basis. --
7/29/92 CAMA permits issued.
8/4/92 Corps stated that they were going to issue a ten day
-?-^-e informing environmental agencies of their
intention issue a 404 permit. f -,
.r" ? A , R I
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