20011286 Ver 1_Complete File_20010824

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore:
Ik4•?
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
September 26, 2001
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed secondary road improvements to SR 1205 (Shipyard Road) from the northern paved section (0.7
miles) of SR 1205 to the Pasquotank River in Camden County.
WQC Project No. 011286
Attached hereto is a copy of Certification No. 3329 issued to The North Carolina Department of Transportation
dated September 26, 2001.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
e J. Thorpe, Ph.D.
ct g irector
cc:. Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
DWQ Washington Regional Office
Cathy Brittingham, Division of Coastal Management
Central Files .
File Copy
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

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STATE OF NORTH CAROLINA
011286
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR P.O. Box 25201, Raleigh, N.C. 27611-5201 SECRETARY
August 20, 2001
United States Army Corps of Engineers 24 tool
Post Office Box 1000 1
Washington, NC 27889-1000
Attention: Mike Bell, PWS
Subject: Authorization for secondary road improvements to SR 1205 (Shipyard Road)
from northern paved section (0.7 miles) of SR 1205 to the Pasquotank River in
Camden County under an individual permit.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1205
(Shipyard Road) from the northern paved section of SR 1205 to the Pasquotank River in Camden
County. This section of SR 1205 is an unpaved roadway that will be upgraded to a paved
roadway. Total project length is 0.7 miles.
Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-
44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for
construction and maintenance of secondary roads. These general statutes specifically set forth
requirements for annual construction and paving of existing unpaved roads. Paving of these
roads is performed in priority order as established by the NCDOT for each unpaved road within a
given county. This number is based on characteristics of each road, including number of homes,
schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school
bus routes, and value as a thoroughfare. Shipyard Road is scheduled to be paved in the 2000-
2001 Secondary Roads Construction Program. The purpose and need is to provide a safe,
efficient roadway serving as the access to the rural community located on SR 1205. The new
roadway width and the eventual addition of pavement will greatly increase the safety of the
traveling public. SR 1205 currently consists of a gravel surface. Maintenance activities are also
considered. Gravel roads require re-grading a minimum of 10 to 15 times per year. This may be
increased depending on weather patterns and traffic usage. The frequency of maintenance is
reduced after conversion from a gravel to a paved travel surface.

Page 2
August 20, 2001
Mr. Bell
Impacts to Waters of the United States
Construction of the project will necessitate impacts to waters of the United States
in the Pasquotank Basin. No streams are crossed by this project.
Four wetland crossings, consisting of palustrine deciduous forests (PF06) and palustrine
persistant emergent wetlands (PEM2), will be impacted by this project to create a road shoulder.
Impacts to wetlands associated with roadside shoulder construction are anticipated to be more
than 0.1 acres. The palustrine forests are dominated by red maple (Acer rubrum) and baldcypress
(Taxodium distichum) with sweet pepperbush (Clethra alnifolia) and giant cane (Arundinaria
gigantea) as dominant understory species. Palustrine emergent wetlands are dominated by
pickerel weed (Pontederia cordata).
LOCATION LOCATION WETLAND Impact Impact Impact
NUMBER STATION # TYPE Length Width Square feet
1 12 +62 to
17+22 PF06 460 feet 8 feet 3,680
2 17 + 22 to
24 + 80 PF06 758 feet 8 feet 6,065
3 27 +00 to
36+90 PF06 990 feet 8 feet 7,920
4 36 + 90 to
40 + 50 PF06 360 feet 5 feet 1,800
5 36 + 90 to
38+70 PEM2 180 feet 3 feet 540
Total 20,005 fZ
Total 0.5 acres
Waters of the U.S. Mitigation
Avoidance: All wetlands or surface waters not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in or near wetlands or surface waters.
Minimization: The side slopes have been steepened to the extent possible at
jurisdictional sites. No ditches will be constructed in wetland areas. Strict Enforcement of
sedimentation and erosion control Best Management Practices for the protection of wetlands and
surface waters will be enforced during project construction. Continued coordination will occur
with maintenance forces and the Environmental Officer during construction to minimize impacts
to waters of the U.S. at these sites.
Compensatory Mitigation: The construction of the project will result in greater than
0.10 acres of total impacts to waters of the U.S., therefore mitigation is required. Wetland
impacts will be compensated in a 2:1 ratio at the Balance Mitigation Site. Impacts have been
minimized to the maximum extent possible during the design process.
Page 3
August 20, 2001
Mr. Bell
Riparian Buffer Impacts
All five wetland crossings are located within the Pasquotank Watershed which are not subject to
riparian buffer rules.
Dewatering
The NCDOT will not dewater during the construction of the project.
Regulatory Review
NC DOT has not been informed by the State Historic Preservation Office of any known National
Register or Study-listed properties within the subject projects Area of Potential Effects. Review
from the State Historic Preservation Office will be initiated by Division of Water Quality during
their permitting process.
By copy of this letter, NCDOT requests review by the U.S. Fish and Wildlife Service (USFWS)
and the N.C. Wildlife Resource Commission representatives for the presence of any listed
threatened and endangered species, and the likelihood of adverse impacts to any such listed
species by the proposed project.
Permit Issues
The purpose of this letter is to request authorization under Section 404 Individual Permit.
Notification for the use of this IP to the USACE is required for this project. Discharge
associated with the project is greater than 0.10 acre, the project does require impacts to
special aquatic sites (including wetlands). Also, notification to the North Carolina Division
of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) is required
for this project. NCDOT will comply with all conditions associated with this IP and WQC.
Summary
NCDOT proposes to upgrade and pave SR 1205 in Camden County. There are no stream
crossings. Existing pipes will be replaced under the road to provide stormwater flow into
wetlands. There will be five wetland sites impacted in order to construct a road shoulder. These
wetlands consist of palustrine deciduous forests (PF06) wetlands and palustrine non-persistant
emergent wetlands for a total wetland impact of 0.50 acres. Wetlands will be compensated for in
Page 4
August 20, 2001
Mr. Bell
a 2:1 ratio at Balance Mitigation Site making a total compensation of 1.0 acre. The project is
located in the Pasquotank River Basin. The NCDOT will adhere to all applicable Section 404
NWPs and Section 401 WQCs conditions. If you have any questions or need additional
information, please contact Ms. Kristen Shacochis at [phone].
Sincerely,
Don Conner, PE
Division Engineer
isten Shacochis
Division One Environmental Officer
cc: Mr. Tom McCartney, USFWS
Mr. John Hennessy, NCDWQ
Mr. David Cox, NCWRC
Ms. Sarah Winslow, NMF
Mr. Ted Sampson, DCM
Ms. Gretchen Byrum, P.E., NCDOT
011286
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OM1B APPROVAL
NO. 0710-003 I
CFR 325)
)ires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204,
Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003),
Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must
be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing
activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the
United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses:
Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of
requested information is voluntary. If information is not provided, however, the permit application cannot be processed
nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity
must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer
having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
I ITEMS 1 THRU 4 TO BE FILLED BV THE CORPS)
I- II:ED OFF[CE CODE 3. DATE RECEIVED 4. DATE.
APPLI AF'1 C'A`'I'fON COIN l'LETED [. I
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME
TITLE (an agent is not required)
Don Conner, P.E.
Division Engineer
8. AUTHORIZED AGENT'S NAME AND
Kristen Shacochis,
Division Environmental Officer
6. APPLICANT'S ADDRESS
NCDOT
P.O. Box 25201
Raleigh, N.C. 27611
9. AGENT'S ADDRESS
NCDOT
P.O. Box 850
Edenton, N.C. 27932
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence [phone]
b. Business [phone] b. Business [phone]
11. STATEMENT OF AUTHORIZATION
I hereby authorize Kristen Chacnchis to act in my behalf as my agent in the processing of this
application and to furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
SR 1205 Camden County Seconds Road Maintenance Project
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if
applicable)
No Streams on this project (within the Pasquotank Watershed)
15. LOCATION OF PROJECT
Camden N.C.
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
Near the Town of Camden off of US 158
The project consists of the unpaved section of SR 1205 to the Pasquotank River ( about 0.7 miles)
17. DIRECTIONS TO THE SITE
ENG FORM 4345, Feb 94 EDITION OF SEP 91 IS OBSOLETE
(Proponent: CECW-OR)
18. Nature of Activity (Description of project, including all features)
Paving and grading SR 1205 as mandated by State Law (G.S. 136-44.6,136-44.7,136-44.7A,136-44.8, and 136-44.9)
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
To provide safer and more easily maintained roadway
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Zero
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
0.5 acres of wetlands (Deciduous, Palustrine Forest)
23. Is Any Portion of the Work Already Complete ? Yes No x IF YES, DESCRIBE THE
COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be
entered here, please attach a supplemental list).
Marc Jacobson & George Goldberg William K. Wassink Elisie Pugh
P.O. Box 3251 154 Shipyard Road 172 Shipyard Road
Norfolk, VA 23514 Camden, NC 27921 Camden, NC 27921
Clifton Mc Daniels
201 Shipyard Road
Camden, NC 27921
Robert Mc Daniels
200 Shipyard Road
Camden, NC 27921
25. List Other Certifications or Approvals/Denials Received from other Federal/State /Local Agencies for Work
Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED
none
DATE APPROVED DATE DENIED
*Would Include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I
certify that the information in this application is complete and accurate. I further certify that I possess the
authority to undertake t e work described herein or am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT
DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may
be signed by a duly authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner, within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises
a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false
writing or document knowing same to contain any false, fictitious or fraudulent statements, or entry, shall be fined
not more than $10,000 or imprisoned not more than five years or both.
*U.S.GPO:1994-520-
478/82018
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1205 Camden Date : 8/20/01
Applicant/Owner : Department of Transportation County: Camden
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF06
Significantly Disturbed (atypical)? No Transect ID
Potential Problem Area? No Plot ID : 1
VF(-4FTATION
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Clethra alnifolia SSh FACW
Acer rubrum T FAC
Liquidambar styraciflua T FAC+
Alnus serrulata SSh FACW+
Arundinaria gigantea H FACW
Remarks:
Percent Dominance 100.0%
FAC Neutral Test 100.0 Rio
HYDKULUGY
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water surface in
Depth of Saturated Soil surface in
Depth to FreeWater in Pit in
Wetland Hydrology Indicators:
Primary: Inundated
Secondary:
SOILS
Soil Series: Chowan Silt Loam Drainage Class: Very poorly drained soil
Soil Taxonomy Fluvaquent Do Field Observations Confirm Mapped Type?
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10 YR 3/2 Silt Loam
6-12 B 10 YR 3/1 Silt Loam
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
D DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met No
Is Sampling Point Within a Wetland? No
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1205 Camden Date : 8/20/01
Applicant/Owner : Department of Transportation County: Camden
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF06
Significantly Disturbed (atypical)? No Transect ID : 1
Potential Problem Area? No Plot ID : 2
VFr,FTATI0N
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Acer rubrum T FAC
Clethra alnifolia SSh FACW
Osmunda regalis H OBL
Taxodium distichum T OBL
Magnolia virginiana SSh FACW+
Woodwardia areolata H OBL
Saururus cernuus H OBL
Remarks:
Percent Dominance 100.0 Rio
FAC Neutral Test 100.0%
HYUKULUUY
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water surface in
Depth of Saturated Soil surface in
Depth to FreeWater in Pit in
Wetland Hydrology Indicators:
Primary: Inundated
Secondary:
Soil Series: Chowan Silt Loam Drainage Class: Very poorly drained soil
Soil Taxonomy Fluvaquent Do Field Observations Confirm Mapped Type?
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Stricture, etc.
0-6 A 10 YR 3/2 Silt Loam
6-12 B 10 YR 3/1 Silt Loam
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1205 Camden Date : 8/20/01
Applicant/Owner : Department of Transportation County: Camden
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF06
Significantly Disturbed (atypical)? No Transect ID : 1
Potential Problem Area? No Plot ID : 3
VFC-4FTOTI(7N
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Myrica cerifera SSh FAC+
Liquidambar styraciflua T FAC+
Alnus serrulata SSh FACW+
Persea borbonia SSh FACW
Osmunda regalis H OBL
Acer rubrum T FAC
Clethra alnifolia SSh FACW
Remarks:
Percent Dominance 100.0%
FAC Neutral Test 100.0 pro
HYDROLOGY
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water 2 in
Depth of Saturated Soil in
Depth to FreeWater in Pit in
Wetland Hydrology Indicators:
Primary: Inundated
Secondary:
Soil Series: Chowan Drainage Class: Very poorly drained soil
Soil Taxonomy Fluvaquent Do Field Observations Confirm Mapped Type? Yes
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10 YR 3/2 Silt Loam
6-12 B 10 YR 3/1 Silt Loam
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
WETLAND DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1205 Camden Date : 8/20/01
Applicant/Owner : Department of Transportation County: Camden
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF06
Significantly Disturbed (atypical)? No Transect ID : 1
Potential Problem Area? No Plot ID : 4
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Cephalanthus occidentalis SSh OBL
Liquidambar styraciflua T FAC+
Alnus serrulata SSh FACW+
Persea borbonia SSh FACW
Osmunda regalis H OBL
Acer rubrum T FAC
Clethra alnifolia SSh FACW
Remarks:
Percent Dominance 100.0 Rio
FAC Neutral Test 100.0%
HYDKULUGY
Recorded Data (described below): Wetland Hydrology Indicators:
Stream, Lake or Tide Gaug Prim'
Aerial Photographs: Inundated
Other:
Depth of Surface Water 2 in
Depth of Saturated Soil in
Depth to FreeWater in Pit in
De N Secondary:
Soil Series: Chowan Drainage Class: Very poorly drained soil
Soil Taxonomy Fluvaquent Do Field Observations Confirm Mapped Type? Yes
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 2.5 YR 4/2 Silt Loam
6-12 B 10 YR 3/1 Silt Loam
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
D DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1205 Camden Date : 8/20/01
Applicant/Owner : Department of Transportation County: Camden
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID EM
Significantly Disturbed (atypical)? No Transect ID : 1
Potential Problem Area? No Plot ID : 5
VEGETATION
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Pontederia cordata H OBL
Cephalanthus occidentalis SSh OBL
Salix nigra SSh OBL
Remarks:
Percent Dominance 100.0%
FAC Neutral Test 100.0 Rio
HYDROLOGY
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water 2 in
Depth of Saturated Soil in
Depth to FreeWater in Pit in
Wetland Hydrology Indicators:
Primary: Inundated
Secondary:
SOILS
Soil Series: Chowan Drainage Class: Very poorly drained soil
Soil Taxonomy Fluvaquent Do Field Observations Confirm Mapped Type? Yes
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 2.5 YR 4/2 Silt Loam
6-12 B 10 YR 3/1 Silt Loam
Hydric Soil Indicators:
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
WETLAND DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
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Action ID No. 200111076
September 17, 2001
PUBLIC NOTICE
The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT),
DIVISION OF HIGHWAYS, 1548 Mail Service Center, Raleigh, North Carolina, 27699-1548,
has applied for a Department of the Army (DA) permit pursuant to Section 404 of the Clean
Water Act TO DISCHARGE DREDGED OR FILL MATERIAL INTO 0.50 ACRES OF
SECTION 404 WETLANDS, TO IMPROVE A 0.7 MILE SEGMENT OF SR 1205
(SHIPYARD ROAD) IN CAMDEN COUNTY, NORTH CAROLINA.
BACKGROUND:
An on-site meeting was convened on August 28, 2001, with representatives from the
NCDOT and Corps of Engineers (COE) to discuss and consider project purpose and need, and
reasonable and feasible alternatives. The representatives concluded the road services five
residences and any change in the road footprint will result in wetland impacts. Shipyard Road
currently has a gravel surface with no roadside ditches.
PROJECT DESCRIPTION:
The following description of work is taken from data provided by the applicant and from
observations made during on-site inspections by a representative of the Corps of Engineers.
NCDOT is proposing to widen, upgrade, and pave SR 1205 from the northern paved section of
SR 1205 to the Pasquotank River in Camden County. The proposed road will have no roadside
ditches.
Wetland impacts will occur on the south side of the road and total 0.50 acres.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Bottomland hardwood wetlands are the type of wetlands impacted. NCDOT proposes to mitigate
the wetland impacts by restoring 1.0 acre of riverine wetlands at the Balance Farm Mitigation
Site in Currituck County.
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According to NCDOT, the purpose and need for the proposed work is to provide a safe,
efficient roadway serving as access to the five residences. The frequency of maintenance to roads
is reduced after conversion from a gravel to a paved surface.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies such
as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean
Water Act by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General
Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-Owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 a-50-66).
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Water Quality (DWQ) has determined the applicability of a
Water Quality Certification as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this site is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register constitutes the
extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of
the presence of such resources. Presently, unknown archeological, scientific, prehistoric, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Based upon available information, the District Engineer has determined that the proposed
action would not adversely impact Essential Fish Habitat or associated fisheries managed by the
South Atlantic or Mid-Atlantic Fishery Management Councils or the National Marine Fisheries
Service (50 CFR Part 600).
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant in each particular
case. The benefits, which reasonably may be expected to accrue from the proposal, must be
balanced against its reasonably foreseeable detriments. The decision whether to
Authorize a proposal and if so the conditions, under which it will be allowed to occur, are
Therefore determined by the outcome of the general balancing process. That decision should
Reflect the national concern for both protection and utilization of important resources. All
Factors, which may be relevant to the proposal, must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values
(in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the discharge that would be authorized by
such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or criteria,
a permit will be granted unless the District Engineer determines that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the DA permit serves as application to the NCDWQ for
certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Wetlands/401 Unit, North Carolina DENR, Division of Water Quality, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water
Act certification should do so in writing delivered to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC 27699-1650, on or before October 12, 2001, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Michael F. Bell, Washington Regulatory Field Office, Post Office
Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., October 19, 2001.

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IF INCORRECT RETURN TO
NC(DEPARTMENT OF TRANSPORTATION
DIVISION 61-OFFICE--
252-482-7977
WARRANT NO. 7721
DATE 08/21/2001
INVOICE NUMBER INVOICE DATE INVOICE AMOUNT NET AMOUNT
0821084627 08/21/2001 $475.00 $475.00