19890216 Ver al_Complete File_20100726

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
March 10, 1989
CERTIFIED 14AIL
RETURN RECEIPT REQUESTED
Larry R. Goode, Ph.D., P.E.
N.C. Department of Transportation
P.O. Box 25201
Raleigh, NC 27611
Subject: Application for Water Quality Certification
N.C. Department of Transportation
SR1141 Bridge Replacement
Unnamed Creek near Wanchese
Dare County
Dear Dr. Goode:
This Division received your application for Water
Quality Certification under Section 401 of the Federal Clean
Water Act on November 29, 1988. The application requests
approval of the placement of fill materials in a tidal creek
tributary to Roanoke Sound. The fill is for the purpose of
replacement of the existing SR1141 bridge over the creek
with pipe culverts. Issuance of a Water Quality
Certification by this Division must be based upon a
reasonable assurance that the proposed activity is not
expected to result in violations of Water Quality Standards
applicable to the surface waters which may be affected.
A specific concern for impacts upon water quality on
this project relates to the proposed reduction in width that
would occur in the creek based on the designs submitted.
When the existing bridge was constructed, the width of the
creek was reduced from forth feet to eighteen feet. The
pipe culverts now proposed would further reduce this width
to twelve feet. Tt is our feeling that such a reduction in
width would cause a restriction to free water exchange in
the creek. With water exchange so restricted, stagnant
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Iclephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
R -' * ? -
Dr. Larry R. Goode
March 10, 1989
Page Two
areas are expected and low dissolved oxygen values are
predicted to occur. Further, the proposed fill of wetlands
associated with the proposed construction would eliminate
the existing uses of these waters of the State. Such a
loss of use is inconsistent with the Antidegradation
Statement of the Environmental Management Commission's Water
Quality Standards. Because of these potential water quality
standard violations, I have determined that your application
for Water Quality Certification should be denied. If you
were able to redesign this bridge replacement so as to not
cause further reductions in the width at this point, I will
reconsider this denial.
If this denial is unacceptable to you, you have the
right to an adjudicatory hearing upon written request in
thirty (30) days following receipt of this denial. This
request must be in the form of a written petition,
conforming to Chapter 150B of the N.C. General Statutes, and
filed with the Office of Administrative Hearings, P.O.
Drawer 11666, Raleigh, NC 27604. ilnless such demands are
made, this denial shall be final and binding.
If you have any questions concerning this matter, r
please contact Mr. Bill Mills at 919/733-7015.
i
Sincerel "
y,,..,
,
R. Paul Wilms
RPW/dbp
cc: Steve Tedder
Dennis Ramsey
Washington Regional Office
George Everett-.
... M4Y 3 0 ???9
STATE OF NORTH CAROLINA ,. I , rr7;(1
DEPARTMENT OF TRANSPORTATION r"?'I F? P f%
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN DIVISION OF HIGHWAYS
GOVERNOR May 23, 1989
JAMES E. HARRINGTON GEORGE E. WELLS, P.E.
SECRETARY STATE HIGHWAY ADMINISTRATOR
MEMORANDUM TO: Mr. John Parker, CAMA
Mr. Bill Mills, DEM
Mr. Bill Hogarth - Division of Marine Fisheries
Mr. Don Baker, WRC
Ms. Mike Gantt, USFWS
Mr. Ron Sechler, NMFS
Mr. Charles Hollis, COE
Mr. A. L. Hankins, NCDOT
Mr. Jimmy Lee, NCDOT
FROM: Jerry McCrain .?/
NCDOT Mitigation S &ecialist
SUBJECT: Replacement of bridges with culverts or pipes
The North Carolina Department of Transportation was recently denied permits
by various state and federal agencies for replacement of Bridge No. 39 over an
intertidal creek near Wanchese with three, 48-inch pipes. Reasons for denial
were multi-faceted, primarily centered on potential water quality impacts and
other resource issues.
This action appears to reflect a general concern by permitting/commenting
agency personnel toward NCDOT's practice of replacing bridges with culverts or
pipes whenever possible.
A meeting has been set for June 9, 1989, 10:00 A. M., Room 434 of the NCDOT
building in Raleigh to address these concerns. Although this session will
highlight the Wanchese bridge project as an example of our impending dilemma, the
broader issue of bridges vs. culverts will be the ultimate focus of our dis-
cussion.
Due to the importance of this topic, I hope that you or members of your
staff will be able to attend the June 9th meeting.
JM/sdt
An Equal Opportunity/ Affirmative Action Employer
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
A. PERMIT:
his office cannot comment on this project until after the close of the Section
O1 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
X Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed roject is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas. n `
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WATER QUALITY SECTION
DIVISION O F ENVIRONMENTAL MANAGEMENT
Comments concernYng an application for State Federal CAMA PP,-mit(gl frnm 1W _Z4,-,17__
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community
Development hereby gives public notice as required by NCGS
113A-119(b) and 143-215 3(a)(1)(c) that N.C. DEPARTMENT OF
TRANSPORTATION of Raleigh, N.C., filed an application on November
16, 1988, 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 N.C. DEPARTMENT OF
TRANSPORTATION proposes to replace Bridge #39 with 3- 48" pipe
culverts on SR 1141, Wanchese, Dare County, N.C.
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
Robert Abernethy, Division of Coastal Management, located at
Route 6, Box 203, Elizabeth City, N.C.; [phone], and/or
the office of Bill Moore, Division of Environmental Management,
NRCD Regional Field office, Washington, N.C., 27889.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
January 6, 1989. The issuance of the LAMA 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.
All persons desiring to make comments should do so in
writing to Mr. David Owens, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 26, 1988 for consideration in the LAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611', prior to December 26, 1988 for
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
will be provided upon request.
PUBLISHED ON: Sunday, December 11, 1988
1 ;'S

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?!CTIO
W V y
0,I.RATIONS
MEMORANDUM
TO: Bill Moore
FROM: Robert Abernethy
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR
DREDGE AND FILL PERMIT
DATE: November 28, 1988
Attached is an application by N.C. DOT - SR 1141
which was received by me on 11/16/88 am
considering this application complete, have acknowledged
receipt, and have begun processing.

If you have any questions, do not hesitate to contact me.
/yl1
Enclosures
OFFICE OF COASTAL MANAGEMENT Lat:35050'30"
FIELD INVESTIGATION REPORT Long:75037115"
1. APPLICANT'S NAME N.C. DOT - SR 1141 BRIDGE
2. LOCATION OF PROJECT SITE SR 1141 Bridge 439, Wanchese, Dare
County, tidal creeek off Roanoke Sound. Photo ref. 141-1564 S-7
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X
4. INVESTIGATIVE PROCEDURE:
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare
LAND CLASSIFICATION FROM LUP Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP
"Development... is appropriate within conservation areas where it can
be shown that" 1. the_proposed development _will _not destroy or
irretrievably alter: A. Wetlands.
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS X PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING none
PLANNED none
_ (F) TYPE OF STRUCTURES: EXISTING none
PLANNED none
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
coastal marsh 100 sq. ft.
(B) NON-VEGETATED WETLANDS:
shallow-water habitat 530 sq. ft.
(C) OTHER:
(D) TOTAL AREA DISTURBED: 630 sq. ft.
8. PROJECT SUMMARY: Applicant proposes to replace Bridge 39 on SR
1141, Dare County, with 3- 48" pipe culverts. Project will impact 530
sq. ft. of shallow water habitat and 100 sq. ft. of coastal marsh.
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 11/16/88
OFFICE Elizabeth City
N.C. DOT - S.R. 1141 BRIDGE
BIO REPORT
PAGE 2
SITE REPORT
N.C. DOT currently maintains a bridge on SR 1141 crossing a
small tidal creek. The bridge has a horizontal clearance of 18'
and a vertical clearance of approximately 21. Only the smallest
jon boats and canoes can pass under at normal water level. The
surrounding marshes are predominantly Juncus roemerianus with
some patches of Spartina alterniflora and Spartina patens near
the bridge. The edge of the road bed contains some wax myrtle
M rica cerifera and lawn grasses.
Applicant proposes to replace this bridge with 3- 48"
aluminum pipes.
ANTICIPATED IMPACTS
This project will fill approximately 100 sq. ft. of J.
roemerianus/S. alterniflora coastal marsh and alter 530 sq. ft.
of shallow water habitat. Construction of the original bridge
reduced the width of the tidal creek from approximately 40' to
18'. Replacement of the bridge with 3 culverts will further
reduce the width by 33°x.
CAMA REVIEW
This proposal is consistent with
classification as identified in the Dare LUP.
the conservation
Submitted by: Robert Abernethy
Date: November 28, 1988
i
Pleaso type or print. Carefully descri be all an-
ticipated development activities, including cons
tion, excavation, filling, paving, land clearing, a
stormwater control. If the requested information '
not relevant to your project, write N/A (not ap.
plicable). Items 1-4 and 8-9 must be completed foi
all projects.
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed X_ Community
Rural Other
h. How is the tract zoned by local government?
N/A
i. How are adjacent waters classified? N/A
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom? N/A

j a.
North Carolina Department of Transportationb,
a. Name L. R. Goode, Ph.D., PE-
Address P. O. Box 25201 c'
City Raleigh State Nc' d
Zip 27611 IDay phone [phone]
Landowner or _X_ Authorized agent e
b. Project name (if any) N/A

f. Man-made features now on tract N/A
a. Street address or secondary road number
SR 1141
b. City, town, community, or landmark
Wanchese
c. County Dare
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Roanoke Sound
Milan=
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Replace Deteriorating Bridge
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
-Maintenance of Existing Pro-iect
c. Will the project be for community, private, or
commercial use?
-Community
d. ! Describe the planned use of the project.
1 6'88 iy Public TranspQrtation

Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed N f A
I VI_TVAiWQW4&
Size of entire tract N/A
Size of individual lot(s) N/A
Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum N/A
Soil type(s) and texture(s) of tract N/A
Vegetation on tract N/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units
and the units per acre.) N/A
d. Size of area to be graded or disturbed N/A
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen.
tation 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?
N/A
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pvement,
buildings, or rooftops. N.111
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards 20
surfaces. N/A c. Type of material Muck
_ d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? Yes
plan been submitted to the Division of En- c. High ground excavation, in cubic yards 35
vironmental Management? N/A f. Dimensions of spoil disposal area N/A
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities. N/A Above Wetlands
h. Do you claim title to the disposal area? N/A
j. Have these facilities received state or local If not, attach a letter granting permission from
approval? N/A the owner.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
N/A maintenance?/ No
If so, where? N/A
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swamplland,'or water areas? No
waters of the state (for exampler'surface runoff, k. Will
l material be placed below mean
sanitary wastewater, industrial/commercial U
high Yes
effluent, or "wash down"). 1. Amount of fill in cubic yards 55
Surface Runoff m. Type of fill material. saelect- Ra _kf i 1 d
n. Source of fill material Total Borrow Pit
m. Water supply source N/A o. Will fill material be placed on marsh or other
n. If the project is oceanfront development, wetlands? No
describe the steps that will be taken to main- p. Dimensions of the wetland to be filled N/A
tain established public beach accessways or pro- q. How will excavated or fill material be kept on
vide new access. N/A site and erosion controlled? By Stringent
Erosion Control Methods
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? _ N/A hydraulic dredge)? Dragline and Dump Truer;
s. Will wetlands be crossed in transporting equip-
ment to the project site?BQ- If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
N/A
N/A
N/A
18' 35'
N/A
a. Length of bulkhead or riprap_ N/A
b. Average distance waterward of mean high water
or normal water level N/A
c. Shoreline erosion during preceding 12 months,
in feet N/A
d. Type of bulkhead material _ NZA
e. Amount of fill, in cubic yards, to be placed
below mean high water N/A
f. Type of fill material N/A
2

ru .? ,.r w!,rw,i ;,w ,fy?i?•.y?,r. •? ona.? .i car list of previous state or federal permits issued
T?TU
BtITIO 1F.Oc,ON}
w,?.:?.?m?... ?. ., ;:.?,?H.f:? e. 0? 1 6 work on the project tract. Include permit
tlE:IA Epum ?crs, perrnittee, and issuing dates.
In addition to the completed application form, the _
following 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 for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 44 x 11 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 of other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel 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 com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name Gilbert Roscoe Tillet
Address P. 0. Box 183
Wanchese, NC 27981
Name- Elaina S_ Davis
Address P_ 0- ca 354 _
Name
Address
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that l 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 ap-
plication and follow-up monitoring of project.
This is the 9') day of
194515 -
X
Lan owner or thorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF IIIGIIWAYS
DARE COUNTY
REPLACEMENT OF DRIDGEa39 ON
SR1141.
SIIEET_j_ OF JUNE 1988
GCLINT R05COE TIL.? ,T ` t-IALNH S. Dfivv
W)l 354
? `?-1 . _ MF1RS11 ? l
1+8?A?UMINUM PIPE
------
GLI.DERT ROSC,OE T C\.Vy I
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NOTE', N.C. DEPT. OF TRANSPORTATION
NOT KE.QUiREp n)E DIVISION OF IiIGIIWAYS
F1.OUDEU T-W)M AO?? GTR?C«C)1??? l3`? DARE COUNTY
T'N? SOU1,? REPLACEUENT OF BRIDGE#39 ON
,. , SR1141.
SpHEET?- OF JUNE 1988