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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
August 7, 2002
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #3
R-2598, NC 226
State Project No. 6.881006
Mitchell County, NC
Dear Mr. Lund:
I have enclosed plan sheets, a PCN application for NWP #3, and a vicinity map relative
to the proposed project on NC 226 Mitchell County, NC.
We propose to increase pipe diameter on seven existing culverts on UT's to Grassy
Creek. There will be no extension of pipes on jurisdictional waters. The pipe length at
Site 6 will be reduced by 10 linear feet from existing. No stream relocation will be
performed for the project. Existing channel morphology will be maintained upstream and
downstream of the culvert. With the exception of the locations where wetlands are
adjacent to the roadway, the culverts will be placed below existing streambed elevation.
Riparian vegetation will be reestablished along disturbed areas associated with the culvert
extension. Stormwater will be diverted through grass-lined ditches or vegetated buffers
prior to entering streams.
No significant effect on federally listed species (threatened or endangered) or their
habitats is anticipated.
By copy of this letter, we request Ron Linville, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
` P
Mr. Steve Lund
Page -2 R-2598, Mitchell County
August 7, 2002
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. Temporary encroachment into the buffer zone of the
UT's or Grassy Creek will not be required. The streams are classified as trout. A buffer
variance will not be required.
By copy of this letter, I am forwarding a courtesy copy of the application package to
Mike Parker, NC DENR, Division of Water Quality, 401/Wetland Unit. The project
qualifies for General Certification under Nationwide Permit 3 without written notification
of NC DWQ.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
pQ
Roge . Bryan
Division 13 Environmental Officer
Enclosures
cc: F. D. Martin, P.E.
R. A. Tipton, P.E., PLS
Ed Ingle
Ron Linville
Mike Parker
Tim Bassette
1
• s,
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII- Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NC Department of Transportation
Mailing Address: P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6287 Fax Number: 828-251-6394
E-mail Address: rdbrvanadot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page I of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: R-2598 NC 226
2. T.I.P. or State Project Number (NCDOT Only): R-2598 State Pry No 6.881006
3. Property Identification Number (Tax PIN):
4. Location
County: Mitchell Nearest Town: Spruce Pine
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The?roject bekins on NC 226 at
the McDowell/Mitchell Co line and proceeds to SR 1120 (McHone Road).

5.-- Site coordinates, if available (UTM or Lat/Long): 35 52'57"N 82 03'26"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existin rim road
7. Property size (acres): 25
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Grassy Creek
9. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn•h2o enr state.nc.us/adminhnans/.)
Page 2 of 8

10. Describe the purpose of the proposed work: We propose to conduct grading, curb and
gutter grade drainage and paying of NC 226 We propose to replace and increase the
diameter of 7 existiniz culverts on jurisdictional streams. There will be no additional linear
impacts to these streams The culverts will be installed to insure aquatic life passage within
the stream.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural w/ some urban, farms, and
wooded.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No no future plans.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
A%
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodpiains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httnJ!www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Site 1 (Sheet 6) Dia.(18" to 24") 0 UT to Grassy Creek 1 I
Site 2 (Sheet 6) Dia. (18" to 36") 0 UT to Grassy Creek 2 P
Site 3 (Sheet 7) Dia. (18" to 24") 0 UT to Grassy Creek 1 P
Site 4 (Sheet 10) Dia. (48") 0 UT to Grassy Creek 1 I
Site 5 (Sheet 11) Dia. (24" to 36") 0 UT to Grassy Creek 1 I
Site 6 (Sheet 11) Dia. (36" to 42") -10 UT to Grassy Creek 2 P
Site 7 (Sheet 18) Bore/jack 18"- 0 UT to Grassy Creek 1 P

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.¢ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maequest.com, etc.).
Page 4 of 8

Cumulative impacts (linear distance in feet) to all streams on site:__:_ feet.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
e of Waterbody
T
Open Water Impact
Site Number
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) yp
(lake, pond, estuary, sound,
bay, ocean, etc.
indicate on ma
N/A

1..Ae i...« ?.o .,?. 1; m;terl tn• fill. excavation, dredging,
* List each impact separately and identity temporary lmpacu. 1111t,a?«a 1-•U,«., ?•
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. ? wetlands
Pond to be created in (check all that apply): ? uplands ? stream
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts., It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing primary road must be improved the safety of the roadway. There are no
additional impacts to jurisdictional waters or wetlands NC DOT will reduce the pipe len hat
Site 6 by 10 linear feet Pipe invert elevations will be maintained where required to protect
adjacent wetlands The culvert diameters will be increased to allow for aquatic life passage and
current water ca acit re uirements. Rip arian vegetation will be established on disturbed areas
associated with the roiect construction.
Page 5 of 8

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr stite.nc.us/nc wetlands/stnnside.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httR://h2o enr state nc us/LNM/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Page 6 of 8

Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near nanK or cnannei; Lone c clcwuua au
additional 20 feet from the edge of Zone 1.
IX.
X.
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note:. If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No X
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section. VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Page 7 of 8

If buffer mitigation is required, please discuss what type. of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There will be no change in impervious surface as a result of the project. Stormwater will be
diverted through settling basins or grass lined buffers prior to entering the streams.
XII. Sewage Disposal (DWQ Only)
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control
F/7 ZOd,
ApplicVti Agent's Signapre LCLIG
(Agent's signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
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Q2196d
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
December 19, 2002
Division of Water Quality/Wetlands
1621 Mail Service Center
Raleigh, NC 27699-1621
ATTN: Ms. Cynthia Van der Wiele
NCDOT Coordinator
E4
s ;; r
FDE-C 19 2002 k',
SUBJECT: Nationwide Permit No. 3 Application for the Proposed NC 226 Project on
NC 226 in Mitchell County, NC. TIP No. R-2598, State Project No.
6.881006.
Dear Ms. Van der Wiele:
The NC Department of Transportation (NCDOT) inappropriately submitted
copies of the R-2598 (NC 226) Nationwide Permit (NWP) No. 3 application dated
st 7, 2002 to the NC Division of Environment and Natural Resources' (NCDENR)
Asheville Regional Office, Wetlands/401 Certification Unit. Enclosed you will find two
copies of the project's NWP No. 3 permit application and Clean Water Act (CWA) §404
NWP No. 3 (minus the permit's General Conditions) authorizing construction of the
proj ect.
If you have any further questions, please contact Mr. Tim Bassette, Environmental
Specialist III, at 919-733-7844 x305 or Mr. Roger Bryan, Division 13 Environmental
Officer, at 828-251-6287.
Sincerely,
-?? Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA Branch
GJT/tb
enclosures
cc w/o encl.: Mr. Roger Bryan, NCDOT Division 13 Environmental Officer
Tim Bassette TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS WEBSI.TE: HTTP://WWW.NCDOT.ORG/ RALEIGH NC
1548 MAIL SERVICE CENTER -
RALEIGH NC 27699-1548
4S,GEIVe
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT OCT 8 2002
Action Id. 200231359 County: Mi 0 ?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICA1 ?0 EyE?aP
ret zt3A
Property owner: North Carolina Department of Transportation
Address: Attn: Gregory J. Thorpe, Director, Project Development and Environmental Analysis Branch, 1548 Mail
Service Center, Raleigh, North Carolina 27699-1548
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
NC Highway 226 from the Blue Ridge Parkway north to SR 1120, a distance of 3.9 miles
crossing 7 unnamed tributaries of Grassy Creek south of Spruce Pine, TIP No. R-2598
Description of Activity:
Replace and increase the diameter of seven existing pipe culverts on unnamed tributaries.
There will be no additional linear impacts to these streams and no impacts to wetlands.
SPECIAL CONDITION: All conditions of the attached NC Wildlife Resources Commission
letter of August 15, 2002 are hereby incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
3 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Telephone No. [phone]
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Date October 1, 2002
Corps Regulatory Official Steven Lund
Expiration Date of Verification October 1, 2004
CESAW Form 591
Revised July 1995
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO:
FROM:
DATE:
SUBJECT:
Steve Lund, USACOE
Asheville Field Office
Ron Linville, Regional Coordinator AV? 1 242
Habitat Conservation Program
August 15, 2002
North Carolina Department of Transportation (NCDOT), R-2598, NC 226,
Unnamed Tributaries Grassy Creek, Mitchell County
RECE1\4ED
These comments are provided in accordance with the provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North
Carolina Environmental Policy Act (G. S. 113A-1 through I I3A-10; NCAC 25). The
NCDOT proposes to increase pipe diameters on seven existing culverts to unnamed.
tributaries of Grassy Creek.
No pipes will be extended during the project. The pipe at Site 6 will be reduced
by 10 linear feet. Channel morphology and aquatic life passage will be maintained.
Riparian vegetation will be restored where disturbed. Grassy Creek is Designated Public
Mountain Trout Water Hatchery Supported Water. Wild rainbow and brown trout are
present in the area.
We will not object to the project provided the following conditions are
implemented during construction:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through April 15
to protect the egg and fry stages of trout.
2. Culverts 48" or larger should be buried approximately V into the streambed.
Culverts less than 48 inches in diameter should be buried to a depth equal to
or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. The dimension,
pattern, and profile of the stream above and below the pipes should not be
modified by widening the stream channel or reducing the depth of the stream.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telenhnne- [phone] ext. 281 0 Fax: [phone]
R-2598, NC226 2 August 15, 2002
3. If concrete will be used, work must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of altering the stream's
water chemistry and causing a fish kill.
4. Heavy equipment should be operated from the bank rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream.
5. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
6. Temporary or permanent herbaceous vegetation should be planted on all bare
soil within 5 days of ground disturbing activities to provide long-term erosion
control. We encourage NCDOT to utilize onsite vegetation and materials for
streambank stabilization when practicable.
.Thank you for the opportunity to review and comment on this project during the
early planning stages. If you have any questions regarding these comments, please
contact me at 336/769-9453.
Cc: Cynthia Van Der Wiele, DWQ
Marella Buncick, USFWS
Becky Fox, EPA
Roger Bryan, DOT

XVJJr U.
A,-?,G
E i V,`cD
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT OCT 8 2002
Action Id. 200231359 County: Mi' of YSof
AQ. 0? hNGtIY?A
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICti VE LoV,
Property owner: North Carolina Department of Transportation
Address: Attn: Gregory J. Thorpe, Director, Project Development and Environmental Analysis Branch, 1548 Mail
Service Center, Raleigh, North Carolina 27699-1548
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
NC Highway 226 from the Blue Ridge Parkway north to SR 1120, a distance of 3.9 miles
crossing 7 unnamed tributaries of Grassy Creek south of Spruce Pine, TIP No. R-2598
Description of Activity:
Replace and increase the diameter of seven existing pipe culverts on unnamed tributaries.
There will be no additional linear impacts to these streams and no impacts to wetlands.
SPECIAL CONDITION: All conditions of the attached NC Wildlife Resources Commission
letter of August 15, 2002 are hereby incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
3 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date October 1, 2002
Corps Regulatory Official Steven Lund
Expiration Date of Verification October 1, 2004
Telephone No. [phone]
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
k
®North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Steve Lund, USACOE eC EN E V
Asheville Field Office
FROM: Ron Linville, Regional Coordina±or AUK 1 2??2
Habitat Conservation Program
DATE: August 15, 2002 CESAN CO -RA
SUBJECT: North Carolina Department of Transportation (NCDOT), R-2598, NC 226,
Unnamed Tributaries Grassy Creek, Mitchell County
These comments are provided in accordance with the provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North
Carolina Environmental Policy Act (G. S. I I3A-1 through I I3A-10; NCAC 25). The
NCDOT proposes to increase pipe diameters on seven existing culverts to unnamed
tributaries of Grassy Creek.
No pipes will be extended during the project. The pipe at Site 6 will be reduced
by 10 linear feet. Channel morphology and aquatic life passage will be maintained.
Riparian vegetation will be restored where disturbed. Grassy Creek is Designated Public
Mountain Trout Water Hatchery Supported Water. Wild rainbow and brown trout are
present in the area.
We will not object to the project provided the following conditions are
implemented during construction:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through April 15
to protect the egg and fry stages of trout.
2. Culverts 48" or larger should be buried approximately V into the streambed.
Culverts less than 48 inches in diameter should be buried to a depth equal to
or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. The dimension,
pattern, and profile of the stream above and below the pipes should not be
modified by widening the stream channel or reducing the depth of the stream.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Teleohone: [phone] est. 281 - Fax: [phone]f,43
R-2598, NC226 2 August 15, 2002
3. If concrete will be used, work must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of altering the stream's
water chemistry and causing a fish kill.
4. Heavy equipment should be operated from the bank rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream.
5. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
6. Temporary or permanent herbaceous vegetation should be planted on all bare
soil within 5 days of ground disturbing activities to provide long-term erosion
control. We encourage NCDOT to utilize onsite vegetation and materials for
streambank stabilization when practicable.
Thank you for the opportunity to review and comment on this project during the
early planning stages. If you have any questions regarding these comments, please
contact me at 336/769-9453.
Cc: Cynthia Van Der Wiele, DWQ
Marella Bunciek, USFWS
Becky Fox, EPA
Roger Bryan, DOT

P 0 ")A a, rvt o rl-rt7-
s
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY P.O. BOX 2520 t, RALEIGH, N.C. 27611-5201
Go VERNOR
January 13, 2003
Project: 83051403 (R-2551)
NHF-64 (38)
County: Dare
LYNDO TIPPETT
SECRETARY
Description: "US 64 From SR 1105,Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Notice of Violation
CAMA Violation #02-55C
Balfour Beatty Load out Trestle Removal

Mr. Charles Jones
Assistant Director
Division of Coastal Management
NC Department of Environment and Natural Resources
151-B Hwy. 24
Hestron Plaza II
Morehead City, North Carolina 28557
Dear Mr. Jones,
Pursuant to your Notice of Violation dated December 23, 2002 and our subsequent
conversations, the Department has completed a survey of the unauthorized excavated and filled
areas located in the vicinity of the former load out trestle in the Croatan Sound.
Attached please find a survey plat with bottom contour elevations and associated cross
sections for the area. The survey was performed on January 6, 2003. In addition, included in the
package are three aerial photographs for your reference. These photographs depict the affected
area prior to construction of the trestle, shortly after construction was completed, and after the trestle
was removed.
The survey plat and cross sections are depicted in metric units due to the survey control
system for this project being metric. By utilizing the project survey control system we will be able to
perform future monitoring as necessary. Our survey indicates that the trench is approximately 620
feet in length and averages approximately 60 feet in width. The water depth varies between eight
and ten feet in depth. The normal water depth in this region averages 4 feet. There is also a deep
depression located at the end of the former trestle. Our staff, prior to the removal efforts, noticed this
depression. It formed over the life span of the trestle due to barge and tugboat turning movements.
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
Charles Jones
.Aary 13, 2003
age 2 of 2
Our survey data indicates the excavated volume of the trench and end depression to be
approximately 5,500 cubic yards. The survey also shows nearly the same volume of fill distributed
around the vicinity of the trench. The total area of cut and fill is approximately 8.2 acres. The fill
material is distributed around the disturbed area at an average depth of one foot. It should be noted
that surveying the existing sound bottom and comparing against a theoretical original sound bottom
generated these volumes. The original condition was developed by using average elevations from
both north and south of the affected area.
We trust this information will assist your efforts in making a determination of restoration and
mitigative efforts. If we can be of further assistance, or provide any additional information, please do
not hesitate to call.
Randy-W. Midgett, PE
Resident Engineer
I
Attachments (1 Copy)
CC: Donna Moffitt, Director DCM
Bill Arrington, DCM (w/ 1 copy Attachments)
Ted Sampson, District Manager, Elizabeth City Regional Office, DCM (w/ 1 copy Attachments)
Cathy Brittingham, DCM
Roy Brownlow, Compliance Coordinator, DCM
Bill Biddlecome, USACE (w/ 1 copy Attachments)
Beth Burns NCDMF (w/ 1 copy Attachments)
Sara Winslow, NGDMF (w/ 1 copy Attachments)
John Hennessey, NCDWQ (w/ 1 copy Attachments)
Gary Jordan, USFWS (w/ 1 copy Attachments)
Don Goins, PE, Chief Engineer NCDOT (w/ 1 copy Attachments)
Don Conner, PE, Division One Engineer, NCDOT
Bob Capehart, PE, Division One Construction Engineer, NCDOT (w/ 1 copy Attachments)
Clay Willis, Division One Environmental Officer, NCDOT (w/ 1 copy Attachments)
Steve DeWitt, PE, State Construction Engineer, NCDOT (w/ 1 copy Attachments)
Warren Walker, Area Construction Engineer, NCDOT (w/ 1 copy Attachments)
Doug Sickle, V.P./Southeastern Division Manager, Balfour Beatty Construction, Inc. (w/ 1 copy Attachments)
File
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
?-Q? 13 vbo'Wn Ibw
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DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GO VERNOR
January 13, 2003
Project: 83051403 (R-2551)
NHF-64 (38)
County: Dare
LYNDO TIPPETT
SECRETARY
Description: "US 64 From SR 1105, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Notice of Violation
CAMA Violation #02-55C
Balfour Beatty Load out Trestle Removal
Mr. Charles Jones ( (N 9 U W
Assistant Director
Division of Coastal Management
JAN Z
NC Department of Environment and Natural Resources ?u
151-B Hwy. 24 WETLANDS GROUP
Hestron Plaza II WATEi3 uALITY -?
Morehead City, North Carolina 28557
Dear Mr. Jones;
Pursuant to your Notice of Violation dated December 23, 2002 and our subsequent
conversations, the Department has completed a survey of the unauthorized excavated and filled
areas located in the vicinity of the former load out trestle in the Croatan Sound.
Attached please find a survey plat with bottom contour elevations and associated cross
sections for the area. The survey was performed on January 6, 2003. In addition, included in the
package are three aerial photographs for your reference. These photographs depict the affected
area prior to construction of the trestle, shortly after construction was completed, and after the trestle
was removed.
The survey plat and cross sections are depicted in metric units due to the survey control
system for this project being metric. By utilizing the project survey control system we will be able to
perform future monitoring as necessary. Our survey indicates that the trench is approximately 620
feet in length and averages approximately 60 feet in width. The water depth varies between eight
and ten feet in depth. The normal water depth in this region averages 4 feet. There is also a deep
depression located at the end of the former trestle. Our staff, prior to the removal efforts, noticed this
depression. It formed over the life span of the trestle due to barge and tugboat turning movements.
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
Mr. Charles Jones
January 13, 2003
Page 2 of 2
Our survey data indicates the excavated volume of the trench and end depression to be
approximately 5,500 cubic yards. The survey also shows nearly the same volume of fill distributed
around the vicinity of the trench. The total area of cut and fill is approximately 8.2 acres. The fill
material is distributed around the disturbed area at an average depth of one foot. It should be noted
that surveying the existing sound bottom and comparing against a theoretical original sound bottom
generated these volumes. The original condition was developed by using average elevations from
both north and south of the affected area.
We trust this information will assist your efforts in making a determination of restoration and
mitigative efforts. If we can be of further assistance, or provide any additional information, please do
not hesitate to call.
Sincerely;
Random/. Midgett, PE
Resident Engineer
Attachments ?,.
(t:.
CC: Donna Moffit e tcf Q M
Bill Arrington, - (w/ py Attachments)
Ted Samson, District Manager, Elizabeth City Regional Office, DCM (w/ 1 copy Attachments)
Cathy Brittingham, DCM
Roy BrovA piiance coordinator, DCM
Bill Biddlecome, USACE (w/ 1 copy Attachments)
Beth Burns NCDMF (w/ 1 copy Attachments)
Sara Winslow, NCDMF (w/ 1 copy Attachments)
John Hennessey, NCDWQ (w/ 1 copy Attachments)
Gary Jordan, USFWS (w/ 1 copy Attachments)
Don Goins, PE, Chief Engineer NCDOT (w/ 1 copy Attachments)
Don Conner, PE, Division One Engineer, NCDOT
Bob Capehart, PE, Division One Construction Engineer, NCDOT (w/ 1 copy Attachments)
Clay Willis, Division One Environmental Officer, NCDOT (w/ 1 copy Attachments)
Steve DeWitt, PE, State Construction Engineer, NCDOT (w/ 1 copy Attachments)
Warren Walker, Area Construction Engineer, NCDOT (w/ 1 copy Attachments)
Doug Sickle, V.P./Southeastern Division Manager, Balfour Beatty Construction, Inc. (w/ 1 copy Attachments)
File
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
Oc,+h y 8 r' *ff-( tS k&.-?

DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
January 13, 2003
Project: 83051403 (R-2551)
NHF-64 (38)
County: Dare
LYNDO TIPPETT
SE('RETARY
Description: "US 64 From SR 1105, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Notice of Violation
CAMA Violation #02-55C
Balfour Beatty Load out Trestle Removal
Mr. Charles Jones
Assistant Director
Division of Coastal Management JAN r
NC Department of Environment and Natural Resources
151-B Hwy. 24
Hestron Plaza II "" v, i'l Morehead City, North Carolina 28557
Dear Mr. Jones,
Pursuant to your Notice of Violation dated December 23, 2002 and our subsequent
conversations, the Department has completed a survey of the unauthorized excavated and filled
areas located in the vicinity of the former load out trestle in the Croatan Sound.
Attached please find a survey plat with bottom contour elevations and associated cross
sections for the area. The survey was performed on January 6, 2003. In addition, included in the
package are three aerial photographs for your reference. These photographs depict the affected
area prior to construction of the trestle, shortly after construction was completed, and after the trestle
was removed.
The survey plat and cross sections are depicted in metric units due to the survey control
system for this project being metric. By utilizing the project survey control system we will be able to
perform future monitoring as necessary. Our survey indicates that the trench is approximately 620
feet in length and averages approximately 60 feet in width. The water depth varies between eight
and ten feet in depth. The normal water depth in this region averages 4 feet. There is also a deep
depression located at the end of the former trestle. Our staff, prior to the removal efforts, noticed this
depression. It formed over the life span of the trestle due to barge and tugboat turning movements.
i
44
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
Mr. Charles Jones
January 13, 2003
Page 2 of 2
Our survey data indicates the excavated volume of the trench and end depression to be
approximately 5,500 cubic yards. The survey also shows nearly the same volume of fill distributed
around the vicinity of the trench. The total area of cut and fill is approximately 8.2 acres. The fill
material is distributed around the disturbed area at an average depth of one foot. It should be noted
that surveying the existing sound bottom and comparing against a theoretical original sound bottom
generated these volumes. The original condition was developed by using average elevations from
both north and south of the affected area.
We trust this information will assist your efforts in making a determination of restoration and
mitigative efforts. If we can be of further assistance, or provide any additional information, please do
not hesitate to call.
Randy W. Midgett, PE
Resident Engineer
Attachments (1 Copy)
CC: Donna Moffitt, Director DCM
Bill Arrington, DCM (w/ 1 copy Attachments)
Ted Sampson, District Manager, Elizabeth City Regional Office, DCM (w/ 1 copy Attachments)
Cathy Brittingham, DCM
Roy Brownlow, Compliance Coordinator, DCM
Bill Biddlecome, USACE (w/ 1 copy Attachments)
Beth Burns NCDMF (w/ 1 copy Attachments)
Sara Winslow, NCDMF (w/ 1 copy Attachments)
John Hennessey, NCDWQ (w/ 1 copy Attachments)
Gary Jordan, USFWS (w/ 1 copy Attachments)
Don Goins, PE, Chief Engineer NCDOT (w/ 1 copy Attachments)
Don Conner, PE, Division One Engineer, NCDOT
Bob Capehart, PE, Division One Construction Engineer, NCDOT (w/ 1 copy Attachments)
Clay Willis, Division One Environmental Officer, NCDOT (w/ 1 copy Attachments)
Steve DeWitt, PE, State Construction Engineer, NCDOT (w/ 1 copy Attachments)
Warren Walker, Area Construction Engineer, NCDOT (w/ 1 copy Attachments)
Doug Sickle, V.P./Southeastern Division Manager, Balfour Beatty Construction, Inc. (w/ 1 copy Attachments)
File
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
. i
.yr?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
,?1 0 2003
i
i
??7??,?uau i Y SECTIO `
- OF VIOLATION
December 23, 2002
Mr. Doug Sickle
Balfour Beatty Construction Company, Incorporated
P.O. Box 60309
Jacksonville, Florida 32236-0309
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
1.
DEC 2 7 20OZ
LI OF COASTAL MANAGEMEN
LEKCH
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 02.57C
Dear Mr. Sickle:
Information gathered by the Division of Coastal Management indicates that Balfour Beatty
Construction Company, Inc. has undertaken major development in violation of the Coastal Area
Management Act (CAMA).
No person may undertake major development in a designated Area of Environmental Concern
(AEC) without first obtaining a permit from the N. C. Department of Environment and Natural Resources.
This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118.
Information I have indicates that Balfour Beatty Construction Company, Inc. has undertaken unauthorized
excavation of an access channel approximately 600' long x 50' wide to -10' normal water level deep and
the resulting placement of spoil material in the Croatan Sound extending from the staging/casting area at
the northwest corner of the Virginia Dare Bridge into the Croatan Sound, near Manns Harbor, Dare County.
The channel excavation and associated filling activities occurred within Estuarine Waters and Public Trust
Areas which are designated Areas of Environmental Concern (AEC). No permit was issued to you for
excavation or filling activities. Therefore, I conclude that you are in violation of the Coastal Area
Management Act.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper

I request that you immediately CEASE AND DESIST any further unauthorized activities within
designated Areas of Environmental Concern. The development that.you have undertaken is not consistent
with applicable standards and restoration is required to restore tie affected areas to their former conditions.
A civil assessment of up to $2,500 may be assessed against,4ny violator. Each day that the development
described in this notice is continued or repeated may constitute a site jri n, which is subject to an
be sought to enforce any
additional assessment of up to $2,500. An injunction or crimibal penalty may a !(61
violation per NC General Statutes 113A-126. ?....w- -
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500
not to exceed $2,500 against violations of this type. This is done to recoup some of the cost of
investigating violations and/or to compensate the public for any damage to its natural resources. Whether
a higher amount will be assessed depends on several factors, including the nature and area of the
resources that were affected and the extent of the damage to them. If the requested restoration is not
undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court
injunction will be sought ordering restoration.
Based upon NC Administrative Code 7H - State Guidelines for Areas of Environmental Concern,
the activities you have undertaken are not consistent with these regulations and could not have been
permitted via the CAMA permit process. Therefore, restoration action is requested by this Division. I have
requested that the NC Department of Transportation (NCDOT) survey the affected area and provide us with
a detailed plat including the current elevations of the disturbed areas and the adjacent areas not disturbed
by the unauthorized dredging.
Thank you for your time and cooperation in resolving this matter. If you have any questions about
this or related matters, please call me at 252-808-2808. Pending an enforcement report to be submitted,
you will be notified as to the amount of a civil assessment for undertaking development without the proper
permits.
Sincerely,
Bill Arrington
Transportation Project Field Representative
. d
Cc: Donna Moffitt, Director, DCM
Charles Jones, Assistant Director, DCM
Ted Sampson, District Manager, Elizabeth City Regional Office, DCM
Cathy Brittingham, DCM
Roy Brownlow, Compliance Coordinator, DCM
Bill Biddlecome, USACE
Beth Burns, NCDMF
John Hennessey, NCDWQ
Don Goins, Chief Engineer of Operations, DOT
Don Conner, DOT
R.W. Midgett, DOT
R.E. Capehart, DOT
Clay Willis, DOT
Permit Class
3rd RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
i3ermit
for
X
4 Q,
i91
Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
81-95
Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Craven County at Neuse & Trent Rivers at New Bern
as requested in the permittee's application letter dated 11/22/02
This permit, issued on 1/6/03 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
B-2531, Replacement of Bridge No. 28 on US 17 over the Neuse River and the widening of Bridges
Nos. 83 and 84 on US 70 Bypass over the Trent River in New Bern.
1) This renewal must be attached to the original of Permit No. 81-95, which was issued on 6/26/95,
as well as all subsequent amendments, modifications, refinements, and renewals, and all
documents must be readily available on site when a Division representative inspects the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2004
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
?l7
na D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
on
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DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVEPNIOR
January 13, 2003
Project: 83051403 (R-2551)
NHF-64 (38)
County: Dare
LYNDO TIPPETT
SECRETARY
Description: "US 64 From SR 1105, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Notice of Violation
CAMA Violation #02-55C
Balfour Beatty Load out Trestle Removal
Mr. Charles Jones
Assistant Director
Division of Coastal Management
NC Department of Environment and Natural Resources
151-B Hwy. 24
Hestron Plaza II
Morehead City, North Carolina 28557
Dear Mr. Jones;
'??; JAN 2
Pursuant to your Notice of Violation dated December 23, 2002 and our subsequent
conversations, the Department has completed a survey of the unauthorized excavated and filled
areas located in the vicinity of the former load out trestle in the Croatan Sound.
Attached please find a survey plat with bottom contour elevations and associated cross
sections for the area. The survey was performed on January 6, 2003. In addition, included in the
package are three aerial photographs for your reference. These photographs depict the affected
area prior to construction of the trestle, shortly after construction was completed, and after the trestle
was removed.
The survey plat and cross sections are depicted in metric units due to the survey control
system for this project being metric. By utilizing the project survey control system we will be able to
perform future monitoring as necessary. Our survey indicates that the trench is approximately 620
feet in length and averages approximately 60 feet in width. The water depth varies between eight
and ten feet in depth. The normal water depth in this region averages 4 feet. There is also a deep
depression located at the end of the former trestle. Our staff, prior to the removal efforts, noticed this
depression. It formed over the life span of the trestle due to barge and tugboat turning movements.
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]
Mr. Charles Jones
January 13, 2003
Page 2 of 2
Our survey data indicates the excavated volume of the trench and end depression to be
approximately 5,500 cubic yards. The survey also shows nearly the same volume of fill distributed
around the vicinity of the trench. The total area of cut and fill is approximately 8.2 acres. The fill
material is distributed around the disturbed area at an average depth of one foot. It should be noted
that surveying the existing sound bottom and comparing against a theoretical original sound bottom
generated these volumes. The original condition was developed by using average elevations from
both north and south of the affected area.
We trust this information will assist your efforts in making a determination of restoration and
mitigative efforts. If we can be of further assistance, or provide any additional information, please do
not hesitate to call.
Random/. Midgett,
Resident Engineer
Attachments (1 Copy)
CC: Donna Moffitt, Director DCM
Bill Arrington, DCM (w/ 1 copy Attachments)
Ted Sampson, District Manager, Elizabeth City Regional Office, DCM (w/ 1 copy Attachments)
Cathy Brittingham, DCM
Roy Brownlow, Compliance Coordinator, DCM
Bill Biddlecome, USACE (w/ 1 copy Attachments)
Beth Burns NCDMF (w/ 1 copy Attachments)
Sara Winslow, NCDMF (w/ 1 copy Attachments)
John Hennessey, NCDWQ (w/ 1 copy Attachments)
Gary Jordan, USFWS (w/ 1 copy Attachments)
Don Goins, PE, Chief Engineer NCDOT (w/ 1 copy Attachments)
Don Conner, PE, Division One Engineer, NCDOT
Bob Capehart, PE, Division One Construction Engineer, NCDOT (w/ 1 copy Attachments)
Clay Willis, Division One Environmental Officer, NCDOT (w/ 1 copy Attachments)
Steve DeWitt, PE, State Construction Engineer, NCDOT (w/ 1 copy Attachments)
Warren Walker, Area Construction Engineer, NCDOT (w/ 1 copy Attachments)
Doug Sickle, V.P./Southeastern Division Manager, Balfour Beatty Construction, Inc. (w/ 1 copy Attachments)
File
PO Box 426 Manteo, NC 27945 [phone]/2272 Fax: [phone]

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
December 20, 2002
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
Attention: Bill Biddlecome
Subject: Croatan Sound Bridge Trestle removal violation, Dare County.
LYNDO TIPPETT
SECRETARY
Dear Sir:
Included with this letter are the documented conversations and letters that took place between
NCDOT's resident engineer and the contractor Balfour Beatty. The topic of these conversations was the
technique used to remove the trestle. Balfour Beatty believed their techniques were allowable under the
permit. NCDOT informed them they had to immediately stop the operations that were going on and find
another way to remove the trestle. The contractor did not stop and proceeded to carry out prop washing
with the tugboat in order to gain access to the trestle. Once I became aware of this situation I notified Mike
Bell with the COE on Oct. the 29. After this notification to the COE was made I did not hear any response
from the regulatory agencies until Dec. 13 when Bill Arrington with the DCM called me to schedule a
meeting to discuss the situation on-site.
At the meeting on Dec. 19 DCM notified NCDOT that they are going to issue NCDOT a violation
of the CAMA permit for the bridge. NCDOT provided all the documentation to DCM showing our attempts
to stop the contractor and the phone call record to the COE. NCDOT recognized that the violation had to be
sent to us rather than the contractor, since it was under our permit. NCDOT agreed to survey the dredged
area to get a measurement on the volume of material that was dredged and to begin an effort to restore the
area.
NCDOT will be available to discuss this matter with you at your convenience. Please call Clay
Willis at 252-482-7977.
Sincerely,
Don Conner, P.E.
Division Engineer, Division One
GI/i??s
Clay illis
Environmental Officer, Division One
Cc: Len Sanderson
Steve Dewitt
Don Conner
Bob Capehart
Randy Midgett
John Hennessy

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STATE OF NORTH CAROLUNA
DEPARTMENT OF TRANSPORTATION
MTCHAM, F. EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETI
GOVERNOR SECRJ.--,TikRY
October 21, 2002
Project: 8.T051403 (R-2551)
NHF-64(38)
County: Dare
Description: "US 64 From SR 1105, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Removal of Load Out Trestle
Memorandum to: File
From: Randy W. Midgett, PE
Resident Engineer
During a visit to the site at approximately 1:00 p.m., I noticed Balfour Beatty working to remove
the temporary load out trestle on the Manns Harbor shoreline. Balfour had a Manitowoc 4100 crane
and barge positioned at the end of the trestle and was using a clam bucket to excavate a work channel
to facilitate moving the barge closer to shore. I saw the crane dig several loads of material and cast it
to the side of the barge into the sound. I telephoned the foreman, Mr. Tyrone Williams, and instructed
him to cease his operations because they were in violation of the project environmental permits. The
crane stopped working within five minutes.
I received a telephone call several minutes later from Mike Hillyer, project manager. He was not
on site, but in Wilmington supervising another NCDOT project which Balfour Beatty has a contract. He
asked me why we had stopped the work and I informed him it was in violation of the permits and he
needed to find a way to comply with permit conditions during the trestle removal.
CC: File

"x
INSPECTOR'S DAILY REPORT
Project No. O TO s / 4 63 Day & Date 1 Q -Z/-62--
Weather Temperature: High Low
Work Day Time Work Started 7 ° .Stopped 7-'26 Hours Worked_
Contractor's Forces: Supt. Foreman
Operators _z_ Laborers: Skilled Unskilled Others
Engineering Personnel: sVa M-e - --
DETAILS OF DAILY OPERATIONS
Inspector
=0/21/2002 04:12 19103435603 BALFOUR BEATTY PAGE 01
Balfour Beatty
Oct 21, 2002
Via US Mail e and Fax
Balfour Beatty Construction, ,Inc.
Croatan Bridge Project
P.O. Box 309
Manns Harbor, NC 27953
Tel: [phone]
Fax: [phone]
For the Attention of Mr. Randy Midgett, P,E.
North Carolina Department of Transportation
Letter No. NCDOT-721
P.O. Box 426
Manteo, NC 27954
Project: 8.x051403 (R-2251) Croatan Sound Bridge Project
Dare County NHF-64 (38)
Subject: Removal of Load Out Trestle
o,•
2 0?
? p
Dear Mr. Midgett;
Following the discussions that took place on October 21, 2002, we would confirm that we are committed to
the removal of the construction access bridge ("load out trestle"). However, we have encountered difficulties
in removing the trestle pipe pile due to the build up of silt around the pilings. In order to overcome this
problem we would propose to use a clam bucket to displace the material around the pipe pile. The pile would
then be extracted by conventional means and once the removal operation is complete, we would use the clam
bucket to return the Sound bottom to its original condition.
The construction of the trestle was authorized under section c. of the permit revision received by BBCI on
September 24, 1998. We believe its use has served both BBCI and the Department (as the permit")
extremely well. BBCI has an adequate means to get materials and resource in and out of the Project. The
Department has seen a reduction of the temporary wetlands impacts as shown on the plans at time of bid by
0.73 acres.
Sa uur Baally Page 1 of 2
10x'21!2002 04:12 19103435603 BALFOUP BEATTY PAGE 02
We are supremely confident that the load out trestle footprint on the Croatan Sound bottom will revert to the
condition prior to work commencement. As shown in the sub-aquatic vegetation inspection carried out in June
1998 the area is inert-
if we can be of further assistance, or provide any additional information, please do not hcsitate to call the
undersigned or ask for Keith Nixon on 910-343-5252.
Sincerely yours,
Mike Hillyer
Project Manager
Cc: Field File
dalfutw Scatty Page 2 of 2
??qt r a
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201 LYNDO THIPETT
GOVERNOR SE(,PE-r,kRy
October 22, 2002
Project: 87051403 (R-2551)
NHF-64(38)
County: Dare
Description: "US 64 From SR 1105, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Removal of Load Out Trestle
Memorandum to: File
From: Randy W. Midgett, PE
Resident Engineer
Inspector Darrell West called me at the office in Manteo to inform me that Balfour Beatty had
now switched their methods of gaining access to spudding down a barge and pushing against it with a
tug boat. They would push against this fixed object for a while and then pull up the spud and try to
back in the tug and barge in the area just washed out.
I unsuccessfully tried to call Mike Hillyer in Wilmington. I then wrote a written cease and desist
and faxed it to Balfour in Wilmington.
CC: File
Jt?
-xY
STATE OF NORTH CAROLNA
DEPARTMENT OF TRANSPORTATION
MICELMEL F. EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
October 22, 2002
Project: 8.T051403 (R-2551) Contract: C104901
N H F-64(38)
County: Dare
Description: "(IS 64 From SR 1105, Slup? cnd Ruud u? ,1lunn.r Harhor to 6t est of VC • 345 South gf'Vanteo ••
Subject: Removal of Load Out Trestle
RE's Correspondence No. 548
Mr. Michael Hillyer
Project Manager
Balfour Beatty Construction, Inc.
PO Box 309
Manns Harbor, North Carolina 27953
Dear Mr. Hillyer;
LYNn(.) TIPPETT
SECRET.-V,Y
2
I have reviewed your letter Number NCDOT-721 which was received by our office on October 21, 2002. You
propose in your letter to utilize a crane operated clam bucket to overcome difficulties in removing the trestle pipe pile due
to the build up of silt around the pilings. You propose to remove this material with the clam bucket, extract the pile via a
vibratory hammer, and then use the clam bucket to return the Sound bottom to its original condition.
As we discussed by telephone yesterday, excavation of the Sound bottom with the clam bucket is in violation of
our existing environmental permits. The movement of material from one place to another on the sound floor constitutes
double handling and dredging. Neither of which is permissible under our existing permits. Furthermore the use of a
tugboat to prop wash the material out of the way is a violation of the same conditions with the only difference being the
methodology. We therefore request that you cease and desist your efforts to move this material out of your way.
We do acknowledge that this area has silted in and as such, the water depths are not as deep as they were when
the trestle was originally installed. The silt deposits are most likely a direct result of the trestle's impedance to natural
sand migrations. But complying with the permit requirement to remove the trestle does not obviate the necessity of
compliance with other permit conditions during the prosecution of the work.
The Department is obliged to pursue a permit modification if requested by Balfour Beatty. We will not waive the
contract requirements for completion during the period of review by the environmental agencies. As with past requests,
in order for the modification request to be successful, it will have to be shown why the excavation is the only method
available for completing the work. (i.e.: there are no alternate equipment setups that are capable of working in this area.)
If you wish to pursue this modification, please advise.
If we can be of further assistance, or provide any additio
dy W. Midg
ident Engttr
, please do not hesitate to call.
PE
cc: File - To Contractor
D.R. Conner, PE
Rick Nelson, PE
C 11 fLdfl/;ff MC
10/22/2002 02:08 19103435503
Baifow Beath
BALFOUR BEATTY
Balfour Beatty Construction, Ina
Croatan Bridge Project
P.O. Box 309
Manes. Harbor, NC 27953
Tel: [phone]
Fax: [phone]
Oct 22, 2002
Via US Mail and Fax
For the Attention of Mr. Randy Midgett, P.E.
North Carolina Department of Transportation
P.O. Box 426
Manteo, NC 27954
Project: 8.T051403 (R-2251) Croatan Sound Bridge project
Dare County NHF-64 (38)
Subject: Removal of Load Out Trestle
Dear Mr. Midgett;
Letter No. NCDOT-722
PAGE 01 P 4.
A pay"
rr<w ?,, ?.
oZ
We are in receipt of your letter of October 22, 2002, which references our letter of October 21, 2002 and our
conversation by telephone of the same day, addressing the removal of the temporary work trestle used to
construct the project. Due to the now existing bottom of the sound in the foot print area of the work trestle,
Balfour Beatty requests that NCDOT pursue a modification to allow access for the floating equipment
necessary to remove the work trestle. We are of the opinion that the necessary displacement of material will
be minimal as we are using shallow draft support equipment to rernorve the trestle.
Your assistance in this manner is greatly appreciated.
Sincerely yours,
A-4
er
Mike Hilly
Project Manager
Cc: Field File
Badtnur Beatty
Page 1 of 1
INSPECTOR'S DAILY REPORT
Project No. 9 D 6/ L1 Day & Date U2 - a2-- Z
a
Weather (?j <D R i?y Temperature. High if Low_
Work Day Time Work Started ? o Stopped Hours Worked
Contractor's Forces: Supt. nP Foreman i p
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Engineering Personnel:
DETAILS OF DAILY OPERATIONS

INSPECTOR'S DAILY REPORT
9 03 Day & Date Z-
Project No.
Weather (.J -Y-Yn Temperature: High Low
Work Day Time Work Started 00 Stopped Hours Worked l6
Contractor's Forces: Supt. Foreman 76--%4
Operators 7 Laborer : Skilled Unskilled ? Others
Engineering Personnel tiPP
DETAILS OF DAILY OPERATIONS
INSPECTOR'S DAILY REPORT
Project No. s Day & Date :ZA ?'
Weather ?'J y Temperature: High Low
Work Day Time Work Started 7. 0, Stopped 5126 Hours Worked J a
Contractor's Forces: Supt. Foreman I lee-v-4
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DETAILS OF DAILY OPERATIONS

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. POX 25201, RALEIGH, N.C. 27011-5201 LYNI)O T PPETT
GOVERNOR SHURETARY
October 28, 2002
Project: 8.T051403 (R-2551)
NHF-64(38)
County: Dare
Description: "US 64 From SR 1905, Shipyard Road in Manns Harbor to West of NC 345 South of Manteo"
Subject: Removal of Load Out Trestle
Memorandum to: File
From: Randy W. Midgett, PE
Resident Engineer
The contractor removed 2 spans of the trestle on Wednesday Oct 23. They did not try to move
the equipment closer to shore. On Thursday Oct 24 they shuffled materials and equipment around on
barges in attempt to lessen draft of the equipment. They did not work on Trestle removal on Friday.
During a site visit on Friday I noticed Mike Hillyer had come back to the project from Wilmington.
He had not been on site all week.
On Monday, October 28, 1 worked in the Elizabeth City Office. Pablo Hernandez informed me
that the equipment had somehow been moved closer to the shore over the weekend. We did not have
inspectors on site over the weekend.
I spoke with Mike Hillyer on Monday afternoon and informed him that we had spoken with the
Corps of Engineers and our Permit Officers and concluded that we would be wasting our time in
pursuing a dredging permit modification on his behalf because there were other options available to
him. In order to gain permit approval we would have to show that we had minimized the effort. Since
he could utilize sectional barges or other means dredging was not the least damaging alternative. Mr.
Hillyer disagreed with me and ended the conversation. Mr. Hillyer told me he was still in Manns Harbor
on Monday and had been on site over the weekend.
CC: File
INSPECTOR'S DAILY REPORT
Project No. Day & Date l/ aCr-29 1, ZOD Z
Weather C' It17 Temperature: High Low
Work Day Time Work Started 7,'00 Stopped 1600 Hours Worked
Contractor's Forces: Supt. i Foreman one
Operators -I?- Laborers: Skilled `-? Unskilled Others
Engineering Personnel
DETAILS OF DAILY OPERATIONS
INSPECTOR'S DAILY REPORT
'roject No. g . 'f 65 l 4O3 Day & Date ?t?ES ??? z? ZoaZ
Veather G c_i>y GcnL_ Temperature: High Low
Vork Day Time Work Started 7_.Stopped = 7? Hours Worked
bntractor's Forces: Supt. '( `ytk_c.. I a.M S Foreman
>perators ?_- Z Laborers: Skilled Unskilled = 2 Others
ngineering Personnel:
Contractor's Equipment On Project
Number & Type Operating Not Oper. Reason Not Operating

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INSPECTOR'S DAILY REPORT
Project No. 1 ©S ?Z Day & Date U e OC
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DETAILS OF DAILY OPERATIONS
'SST
4?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICFIAEL F. EASLEY Y.O. BOX 25201, RALEIGH, N.C. 2761 1-5201
GOVERNOR
October 30, 2002
Project: 83051403 (R-2551) Contract: C104901
N H F-64(38)
County: Dare
Description: "[,.'S 64 Fi ont 5R 1105, .Ship) -ard Road in dlann.v Harbor to FFe.rt of ,VC345 South of 'Manteo"
Subject: Removal of Load Out Trestle
RE's Correspondence No. 549
Mr. Michael Hillyer
Project Manager
Balfour Beatty Construction, Inc.
PO Box 309
Manns Harbor, North Carolina 27953
Dear Mr. Hillyer;
LYNDO T1I'PETT
SECRETARY
At 5:15pm and at 7:20pm yesterday evening Department inspectors witnessed crews continuing the practice of
prop dredging in an attempt to move floating equipment closer to shore. Efforts to reach the crews to inform them of
being in violation of Project environmental permits were thwarted by a parked front-end loader blocking entrance to the
site.
These activities are in direct violation of Project environmental permits and previous written directives from the
Engineer to suspend this activity. As we discussed by telephone on Monday, October 21, 2002 the Department has
explored the possibility of a Permit Revision for this activity. However, the permit modification application must
demonstrate that less environmentally damaging methods are not available.
It appears that Balfour Beatty has chosen not to explore alternate methodology, and has instead, willfully
proceeded with dredging in defiance of the permits and Department written directives. We are again insisting that these
activities cease and desist until such time as an acceptable methodology may be employed.
If we can be of further assistance, or provide any additional information, please do not hesitate to call.
Resid
lgett, PE
ineer
W
cc: File - To Contractor
D.R. Conner, PE
Rick Nelson, PE
S.D. DeWitt, PE
pl;•;Y-08-02 1$:34 From-STATE OF NORTH CAROLINA DOT 919 733 8441
? q
STATE OF NORTH CAROUNA
DEPARTMENT OF TRANSPORTATION
Iv1ICHAEL F. EASLEY
GOVERtiOR
Contract No.: 0104901
Project: S.T05140 3
F. A. No.: NHF-64(38)
County: Dare
November 6. 2002
T-503 P 002/003 F-455
LYNTDO TIPPETT
L'ItEI-Al21'
"R-2551 A - U TS 64-264 From SR 1105, Shipyard Road in Manns Harbor to West of NTC 345
South of Nlanteo" xa ?Ii ? , t 7E I ?Rn--V ?,
-Mr. Doug Sickle r -4-
Balfour Beatty Construction Company, Incorporated
P. O. Box 60309;
Jacksonville, Florida 32236-0309,
Dear Mr. Sickle- - ` . ; ?
This is a follow- up to our phone conversation today regardinc recent events dfl t1T2 above
referenced project. Based on information obtained from our Resident Engineer, Balfour Beatty
project personnel ignored a written directive to cease operations that were in violation of
environmental permit conditions. N CDOT is coniunitted to strictly adhering, to permit
requirements and developing a relationship with our environmental agencies that pronraotes trust.
It can take several years to mitigate the negative effects of one violation.
According to our files, Mr. Mike Hillyer, Project Manager for Balfour Beatty Construction,
received two written directives to suspend activities that were in violation of permit conditions.
These letters were dated October 22, 2002, and October 30, 2002. The Department is very
concerned that Mr. Hillyer chose to ignore these directives and we are considering asking for his
removal from all NCDOT projects.
Please prepare a written response, giving Balfour Beatty's account of the above described
incident and how you plan to address our concerns. I am requesting this information be provided
no later than November 13, 2002.
MAILING ADDRESS:
NC DC?ARTMEN- OF TRANSFORTATiON
CONSTROCT,ON UNIT
1$43 MAIL SERVICE CENTCR
RA'_EiGn NC 27699-1543
TELEPHONE: [phone]
FAX: [phone]
VUEBSITE: WWW.D07S*rATE-NC.US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTY. W!WiNGTON STREcr
RA.L9.GH NC
Nov-08-02 16.34 From-STATE OF NORTH CAROLINA DOT 919 733 8441 T-503 P 003/003 F-455
Balfour Beatty Construction Company, incorporated
Page 2
November 6, 2002
Sincerely,
t
tell
Steven D. DeWitt, PE
State Construction Engineer
RAH:eth
ec-
Mr. R. E. Capehart, PE
Mr. R. W. Midgett, PE
INSPECTOR'S DAILY REPORT
t N
P g•?°SI 4CDS Day & Date `? ? S Vic- 1-7 Z??Z
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Weather C?az ?Cca?r- -y+r`4D Temp erature: High Low ?--
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Forces: Supt. L__ \//-,-A Z Foreman
Operators Laborers: Skilled Unskilled Others
Engineering Personnel:
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Number & Type Operating Not Oper. Reason Not Operating

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DETAILS OF DAILY OPERATIONS
Visitors:
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STATE OF NORTH CAROLINA SUBJECT PROJECT 13--f°s r4o-s
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS 1 ((?? COUNTY
HIGHWAY BUILDING PREPARED B DATE
IZ/r7-1.2 STATION
P, O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHEET OF_
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Memo To File: Croatan Sound Bridge
Subject: Conversation with Mike Bell about contractor removing the trestle.
From: Clay Willis
On October 29, 2002 I was notified of a situation on the Croatan Sound Bridge project. I was told
by Bob Capehart, Randy Midgett, and Pablo Hernandez that the contractor was removing the trestle staging
area by the use of a clam bucket and prop washing from the tug. The contractor was told to stop this
activity because it was in violation of the permit for the bridge construction. The contractor ignored the
directive of the resident engineer and continued with the activity. Once I became aware of the situation I
contacted Mike Bell with the COE at approximately 4:45 on Oct. 29, 2002 and explained the situation to
him. He took note of the situation and thanked me for making him aware of what was happening.

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A"*A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Do
Ffn
William G. Ross Jr., Secretary
CERTIFIED MAIL
+ETLANDSuT? RETURN RECEIPT REQUESTED
1AATER QUALITY SECTION
NOTICE OF VIOLATION C I . k.`
December 23, 2002 DEC 2 7 ZUOZ
L-4V. OF COASTALMANAGEMENT
RALEICH
Mr. Don Goins, Chief Engineer of Operations
NC Department of Transportation
1537 Mail Service Center
Raleigh, NC 27699-1537
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 02.55%
Dear Mr. Goins:
This letter is in reference to a December 19, 2002 meeting at the staging/casting area of the
Virginia Dare Bridge located off US 64-264 and adjacent to Croatan Sound, near Manns Harbor, Dare
County. In attendance were Ms. Beth Burns, NC Division of Marine Fisheries (DMF); Clay Willis, Randy
Midgett, Bob Capehart and Pablo Hernandez representing the Department of Transportation (DOT); Roy
Brownlow, Bill Arrington and myself representing the Division of Coastal Management (DCM). The purpose
of the onsite meeting was to investigate unauthorized development (excavation of a channel) from the
aforementioned property approximately 600 feet into Croatan Sound.
Information gathered by the Division of Coastal Management indicates the DOT has undertaken
major development in violation of the Coastal Area Management Act (CAMA) and CAMA Major Permit No.
7-98 which was issued to DOT on January 20, 1998.

151-B Hwy. 24, Hestron Plaza ll, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
.k' )%
No person may undertake major development in a designated Area of Environmental Concern
(AEC) without first obtaining a permit from the N, C. Department of Environment and Natural Resources.
This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118.
Information I have indicates that the DOT is legally responsible for the unauthorized excavation of a
channel, approximately 50 feet wide by 600 feet long to -10' normal water level deep and the resulting
deposit of fill in the Croatan Sound extending from the staging/casting site at the northwest corner of the
Virginia Dare Bridge into the Croatan Sound. The channel excavation and the resulting deposition of spoil
materials on the bottom of the Croatan Sound occurred within Estuarine Waters and Public Trust Areas
which are Areas of Environmental Concern. No permit was issued to the DOT for this unauthorized
development; therefore, I conclude that you are in violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within
designated Areas of Environmental Concern. The development that you have undertaken is not consistent
with applicable standards and you will be required to restore the affected areas to their former conditions.
A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development
described in this notice is continued or repeated may constitute a separate violation, which is subject to an
additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any
violation per N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500
not to exceed $2,500 against violations of this type. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources. Whether
a higher amount will be assessed depends on several factors, including the nature and area of the
resources that were affected and the extent of the damage to them. If the requested restoration is not
undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court
injunction will be sought ordering restoration.
Based upon N. C. Administrative Code 7H - State Guidelines for Areas of Environmental Concern,
the activities you have undertaken are not consistent with these regulations and could not have been
permitted via the CAMA permit process. In order to better quantify the impacts to the resources and
determine appropriate restoration and mitigation requirements, I am requesting that the DOT survey the
unauthorized excavated and filled areas in the Croatan Sound and provide the DCM with a survey plat by
January 18, 2003. This survey should show the current elevations of the disturbed areas and the adjacent
areas not disturbed by the unauthorized dredging and spoiling activities. Once this information is received,
we will develop and notify the DOT of restoration and mitigative efforts required for the project to be in
compliance with CAMA.
W - i
Thank you for your time and cooperation in resolving this matter. If you have any questions about
this or related matters, please call me at 252-808-2808
Sincerely,
Charles Jones
Assistant Director, DCM
cc: Donna Moffitt - Director, DCM
Ted Sampson - District Manager, Elizabeth City Regional Office, DCM
Bill Arrington, DCM
Cathy Brittingham, DCM
Roy Brownlow - Compliance Coordinator, DCM
Bill Biddlecome, USACE
John Hennessey, NCDWQ
Don Conner, DOT
R.W. Midgett, DOT
R.E. Capehart, DOT
Clay Willis, DOT
Beth Burns, DMF
1 ?
0 219 V
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
August 7, 2002
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #3
R-2598, NC 226
State Project No. 6.881006
Mitchell County, NC
Dear Mr. Lund:
I have enclosed plan sheets, a PCN application for NWP #3, and a vicinity map relative
to the proposed project on NC 226 Mitchell County, NC.
We propose to increase pipe diameter on seven existing culverts on UT's to Grassy
Creek. There will be no extension of pipes on jurisdictional waters. The pipe length at
Site 6 will be reduced by 10 linear feet from existing. No stream relocation will be
performed for the project. Existing channel morphology will be maintained upstream and
downstream of the culvert. With the exception of the locations where wetlands are
adjacent to the roadway, the culverts will be placed below existing streambed elevation.
Riparian vegetation will be reestablished along disturbed areas associated with the culvert
extension. Stormwater will be diverted through grass-lined ditches or vegetated buffers
prior to entering streams.
No significant effect on federally listed species (threatened or endangered) or their
habitats is anticipated.
By copy of this letter, we request Ron Linville, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.

Mr. Steve Lund
Page -2 R-2598, Mitchell County
August 7, 2002
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. Temporary encroachment into the buffer zone of the
UT's or Grassy Creek will not be required. The streams are classified as trout. A buffer
variance will not be required.
By copy of this letter, I am forwarding a courtesy copy of the application package to
Mike Parker, NC DENR, Division of Water Quality, 401/Wetland Unit. The project
qualifies for General Certification under Nationwide Permit 3 without written notification
of NC DWQ.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
12.9
Roge . Bryan
Division 13 Environmental Officer
Enclosures
cc: F. D. Martin, P.E.
R. A. Tipton, P.E., PLS
Ed Ingle
Ron Linville
Mike Parker
Tim Bassette
I ?
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NC Department of Transportation
Mailing Address: P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6287 Fax Number: 828-251-6394
E-mail Address: rdbryanaa dot state nc us
2. Agent Information (A signed and dated copy, of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:_
Fax Number:
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: R-2598 NC 226
2. T.I.P. or State Project Number (NCDOT Only): R-2598 State Prod No 6 881006
3. Property Identification Number (Tax PIN):
4. Location
County: Mitchell Nearest Town: Spruce Pine
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The project begins on NC 226 at
the McDowell/Mitchell Co line and proceeds to SR 1120 (McHone Road)5.° Site coordinates, if available (UTM or Lat/Long): 35 52'57"N 82 03'26'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existin rim road
7. Property size (acres): 25
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Grassy Creek
9. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http //h?o enr state.nc.us/admin/mns/.)
Page 2 of 8
10. Describe the purpose of the proposed work: We propose to conduct grading, curb and
gutter grrade drainage and yaving of NC 226. We propose to replace and increase the
diameter of 7 existing culverts on jurisdictional streams. There will be no additional linear
impacts to these streams The culverts will be installed to insure aquatic life passage within
the stream.
d
11. List the type of equipment to be used to construct the project: Excavator, backhoe, an
trucks.
12. Describe the land use in the vicinity of this project: Rural w/ some urban, farms. and
wooded.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No no future plans.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space'is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
A ¦
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

List each impact separately an wen i temporary >
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:%:'ww•w.fcnia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Site 1 (Sheet 6) Dia.(18" to 24") 0 UT to Grassy Creek 1 I
Site 2 (Sheet 6) Dia. (18" to 36") 0 UT to Grassy Creek 2 P
Site 3 (Sheet 7) Dia. (18" to 24") 0 UT to Grassy Creek 1 P
Site 4 (Sheet 10) Dia. (48") 0 UT to Grassy Creek 1 I
Site 5 (Sheet 11) Dia. (24" to 36") 0 UT to Grassy Creek 1 I
Site 6 (Sheet 11) Dia. (36" to 42") -10 UT to Grassy Creek 2 P
Site 7 (Sheet 18) Bore/jack 18"- 0 UT to Grassy Creek 1 P

* List each impact separately and identity temporary im UULS. IIn dct5 uwIuuc' VUL a« uvt, uuuLcu w. ?????..? a...• ??.....•,.. •.
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.malquest.cotn, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site:--: Qfeet.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
e of Waterbody
T
Open Water Impact
Site Number
dicate on ma
i Type of Impact* Area of
Impact
(acres) Name Waterbody
(if applicable) yp
(lake, pond, estuary, sound,
bay ,ocean, etc.
n
N/A

l; -;tc rl rn• fill excavation. dredging,
* List each impact separately and identity temporary impacts. uupaCLS RIC U-, VUL u.1
flooding, drainage, bulkheads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts., It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing primary road must be improved the safety of the roadway. There are no
additional impacts to jurisdictional waters or wetlands NC DOT will reduce the pipe length at
Site 6 by 10 linear feet Pipe invert elevations will be maintained where required to _protect
adjacent wetlands The culvert diameters will be increased to allow for aquatic life passage and
current water ca acit re uirements. Ri anan vegetation will be established on disturbed areas
associated with the ro'ect construction.
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
hold as
lacking a required mitigation plan or NCWRP shall be placed
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httl2://h2o.enr.stdte.nc.us/ncwetlands,'stnii ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hn:/ h2o enr state nc %us/=/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Page 6 of 8
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No X
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. ` If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
s (square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Lone I UMCHUb aJ
additional 20 feet from the edge of Zone I.
Page 7 of 8
r
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There will be no change ` in impervious surface as a result of the project. Stormwater will be
diverted throw settling basins or grass lined buffers prior to entering the streams.
XII. Sewage Disposal (DWQ Only)
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control
K/7A1.4d
?Agent's Sign4ftre . / 1JAlG
ignature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
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