Loading...
HomeMy WebLinkAbout20050423 Ver 1_Complete File_20050307~-. - _ ~i _ `-' - ~ Permtt Class . - . , ` .' .- 'Permit Number:.. _ :... . - ~~ -- AMENDED _ ~ -. _ p 108=05 ' - -. G,'/ - - ~ STATE OF NORTH CAROLINA ~ ~ ~~~ f . Department of Erivironment1and Natural Resources . ~~' 4' ``and ~ . ~ ~ ~~ ~~ ~~. Coastal Resources Commission o~; ~'~ ` '~ _ ~.aGi f3- Z' # ~T' 3 ' ~ ~ i "for _ ~ ~~'~ p=- X Major Development in an Area of Environmental Concern e pursuant to NCGS 113A-118,. .ti Excavation and/or filling pursuant to NCGS 113-229 ~; < Issued to N.C. Department of -Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548 .Authorizing development in ` Pasquotank ~ '~ ~ ` - ~ County at Halls Creek, Bridge No: 24 on SR 1140, ._ _ - Nixonton ~ , as requested in the permittee's application dated~12105 (MP-1) and 4/8/05 w= .. , . . ~. (MP=5) including the attached workplan drawings (4), dated as received on S/6/05 ~~ This permit, issued on 7/28/05- , 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. TIP No. B-4222; Bride Reulacement 1) In order to protect anadromous fish in Halls Creek, no in-water work shall be conducted between February 15th and June 30th of any year without prior- approval of the N.C. Division of Coastal Management, in consultation with the N.C. Wildlife Resources Commission and the U.S. Army Corps of Engineers. For the purposes of this moratorium, in-water is defined as those areas that are inundated at any time during construction, including the waters or contiguous inundated wetlands of Halls Creek. (See attached sheets for Additional Conditions) 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charl .Jones irector Division of Coastal Management This permit and its conditions are hereby accepted. No expiration date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Sib ature of Permittee ~ f ` ~.. ems: ~i - _v rz, "'~ _ . <._ ~ N.C Department of Transportation ~ Permit #108-05 ~ - F ~~' Page 2 of 5 " - _. ", . . ~, '"' , , ~_ :y ..; ,,,' `-ADDITIONAL CONDITIONS ~ ''.~ ." t~ 2) ,~y~ In accordance with ~env~ronmental comitments made wittun the Categorical _Exclusion document dated ~ ~~ , F ~ 2/28/03; the permittee~`ha llmplement,,the N C De atrtme t of Trans ortarion's CDOT's Stream ; ,' k ., ~ ~~ ~ Jt)~~ x n ~'~: r. ~~'"~ 3.i'> r L ~:: ~:..~'-fit ~ l~;_-.~ ~~ .r .- ~", - ~) r~.. .`- - Crossingt~uidehnesfo~„E~nadromous Fish Passa a Furthermore" an additional miti ative measures or ~~.~ , ~ ~,,~, , ;:. _ g ~,. Y' .: . g 'environmental commutments specifically made by the applicant in the CAMA~permit application~and the . .,. . - Categorical Exclusion-documentshah be implemerited;',r'egardless of whether'or not such commitments .are addressed by individual conditions of this permit. ° _ , . >. 3) Fill slopes in wetlands shall be 3:l or steeper. .r 4) All excavated materials ahall_,be confined ~above,:normal water level and andward of regularly or , , irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent, spillover of -' ' so~ds`irito "any- wetlands or surrounding -waters." ~" 5) ~ The temporary placement or"double handlin of an ~ ~ * " s g _ y excavated or fill material within waters or,vegetated - wetlands is not authorized. ~ This condition also applies to the removal of the existing bridge, bulkhead;,"~'~ ::roadway=asphalt and associated materials. " -,. , 6) No excavation shall take place at any time in any vegetated wetlands or surrounding waters outside of the alignment of the areas indicated on the attached workplan drawing(s). 7) ' No excavated or fill material shall be~placed at any time in any vegetated wetlands or. surrounding -.waters outside of the alignment of the fill areas as indicated on the workplan drawing(s). • _ _. ,... , 8) All fill material shall be clean and free of any pollutants except in trace quantities. ~. 9) Live concrete shall not be allowed to contact the water in or entering into Halls Creek. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to the wetlands and waters of Halls Creek when it no longer poses a threat to aquatic organisms. 10) All fill material shall be obtained from an upland source. 11) Material excavated may be used in fill areas associated with the project or shall be removed from the site and taken to an approved high ground location. 12) Construction staging areas shall be located only in uplands and not in wetlands or waters of the State. 13) There shall be no clearing of wetlands outside of the area indicated on the workplan drawing(s) without prior approval from the N.C. Division of Coastal Management. 14) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawing(s). The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities. It shall be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl or broken concrete. C: Department of.+Tr~"nsportaton '~ ~` ;{.per kL.KK-i+r.~S~P Kti-0!KKK `iKK ~+ ~ `t ~ r i i., -. is' S` j { ONflITIONS ` ~~~~~~~ r :: ~~~ ulk~ead shall; be installed toahe [ S a.~... ' ,.+ F.,.~ ,~' S C.'+'w ; .~ S ""r'~ x ' ~'~--'a ~ Wy. '"E '~ .~~' '~,~ - " > xr k t s '~~ ~ Di~zsioa of tCo~a~stal Managementl~ ~~;1~~,:~ ~t {>~ ss f ~ ~,~,~-; f ',~,~ , R k' ~ ~~i~~~ 7 x~ fx ~ f" a~ ~ ~ ' ~:, t S I - - -. - ._ ~. -16) - If the existing bulkhead is replaced, then it shall be solid and constructed of treated wood, concrete '. 'slabs, metal "sheet piles or other suitable materials approved by the N.C: Division of Coastal ;8, = . ;.~ Management. The bulkhead shall be structurally,tight so as to prevent seepage of fill'materials through ' ,. ~ .: the structure. ;.r. 17) A temporary cofferdam (approximately 7' x 40') shall be used to construct the center bent for the new , ; :bridge.: Temporary dewatering may occur: The .cofferdam shall be removed only after, and as soon as "'- ~~ possible after, the concrete is fully cured. _ :,,f 1` ~ ~ 18) t ->The bridge ~shall,be constructed usng~,top down construction methodologies = ~ All;construction` access - '`"-shall be through theexisting bridge and adjacent upland'areas: Use of rriats for construction access ;. - .across wetlands.is not authorized. Dredging in any manner;;including "kicking" with boat propellers is ,. - , . ,. .not authorized.` 19) The N.C. Department of Transportation's (NCDOT's) document "Best Management Practices for Bridge:Demolition and Removal" (final 9/20/99) shall be followed during both demolition and _. .. _ _. °.` ; = ~ .. ~x'-- .-_: ~ -.:construction activities. , ., ~'. ,. 20) Pilings from.the-existing bridge, as well as: any remnant pilings from previous bridges, shall be removed -: in their entirety. ~ In the event that a piling breaks during removal. and cannot be removed. in its entirety, the piling may be cut off flush with the bed of the waterbody!only if prior approval is received from the _-.:. N.C. Division of Coastal Management. 21) .:_ The pile installation practice shall be conducted with a vibratory hammer_ Any other type of pile: installation, such as jetting or drilled shaft construction, shall require additional review and authorization from the N.C. Division of Coastal Management. 22) Debris from the existing bridge, including deck components, bulkhead, roadway asphalt and associated materials, shall not enter wetlands or waters. of the State, even temporarily. 23) All materials and debris associated with the removal and/or construction of the existing and/or new bridge, bulkhead, roadway asphalt and associated materials shall be disposed of on an approved upland site. Utility Impacts 24) The telephone, electric and water utilities shall be relocated using a horizontal directional bore drilling method. Entry and exit points of this. activity, including disposal of material from the drilling activity, shall be outside of all wetlands and waters of the State. 25) The telephone, electric and water utility relocations shall not result in any permanent or temporary impacts to wetlands or waters of the State with the exception of a small amount of wetland vegetation cut or compressed. Cuts through wetlands shall be minimized. ,3 ~t`F~r-Y .r F ~'' I~'~r ~:.~' f Y~ Z. S,- ~'3`i~`~k "~ r~i~S~'cs~f~"'~ •~ ~ ~,n ~~?-;, x . ~.~ ~,, t ~ ~ ~ , ,~ _ r a~ _ a t NC. Department "of Transportation ~ k, ~ Permit.#108-05 ~`~° :. • Page 4'of 5 .ADDITIONAL CONDITIONS _ _ ~. ~` 26)b:- ~~Any relocation of utility lines that<is notalready depicted on ,the attached workplan~drawmg(s), or'. ; , ' ,- des~nbed within the attached perrut~app`lication, shall require approval from the N G bivision~of~ _ ;~-s ,. u ~' ~a..xg~3~ r r•, .~~ ~, ~. y ,~ x, Coastal 1V~anagement, either under the authority of this permit; or''_bytheutihty=compan~obtainirig= ~ ,{ ~. separate~authonzation ~ ~ - ~. 27) •Subaqueous'lines shall:be placeda minimum of two feet below the bottom contour.•'There hall be n© resultant change in`preconstruction bottom contours: ~= Ditches . , , .~ ~ ;;.., 28) ~ ..Adequate measures shall be taken o prevent short-term and long-term. erosion of the side slopes of the- ,. . ,~.~ ditch(es). ~ ~ < ~t• -~ .: -_ .. a ;~. ~. - ..-~ :'r ~ 29) Excavation' of the new ditch(es) as depicted on the attached workplan drawing(s)`shall not exceed'a z depth- of 2 feet and a width'of 7° feet. - ~ . ~:, ~~ - _. • . Mitigation . S 30) In accordance with the special conditions of the U.S. Army Corps of Engineers Nationwide Permits issued for this project on 5/9/05, compensatory mitigation for the unavoidable impacts to 0.036 acres of ~~ - rverine~ wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement ~=` ~ Program (EEP), as outlined in the letter dated October.26, 2004, from William D: Gilmore, EEP ~: - :Transition Manager.<•: The EEP will provide 0.36 acres of preservation of riverine wetlands in the `` Northern Outer. Coastal Plain Eco-Region at the Cashie Site in Bertie County that has been acquired and protected bytfie EEP. Pursuant to the EEP Memorandum of Agreement (MOA) between the State of -North Carolina and the US Army Corps of Engineers signed on July 22, 2003, the EEP will provide a minimum of 1:1 acres of restoration of riverine wetlands in the Pasquotank River basin (Hydrologic Cataloging Unit 03010205) by July 22, 2005 and half of the proposed preservation mitigation would be available at that time for mitigation for other project impacts.: The NCDOT shall, within 30 days of the .issue date of this permit, certify that sufficient funds have been provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MOA. Sedimentation and Erosion Control 31) Turbidity curtains and silt fences shall be used to isolate all work areas from Halls Creek, including pile or casement installation, placement of riprap, excavation and filling. The turbidity curtains shall be installed parallel to the banks on each side of the stream. The turbidity curtains shall extend past the construction limits and be attached to the silt fences containing the work site. The turbidity curtains shall not fully encircle the work area or extend across Halls Creek. The turbidity curtains shall be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 32) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of Land Resources. General 36) °.No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable. waters at or adjacent to `the authorized work. - 37) ~~The authorized activity shall not cause an unacceptable interference with navigation: 38) - The~permittee shall exercise all available precautions in the day-to-day operation of the facility. to prevent waste from entering the adjacent waters. 39) If it is determined that additional permanent and/or temporary impacts (such as but not limited to temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that are not shown on the attached workplan drawing(s), additional authorization from N.C. Division of Coastal Management (DCM) shall be required. 40) Any changes in the approved plan may require additional authorization from the N.C. Division of Coastal Management (DCM). The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination. 41) Development authorized by this permit shall only be conducted within N.C. Department of -Transportation Right-of--Ways and easements. 42) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 3/9/05 (DWQ Project No. OS-0423) under a General Water Quality Certification. Any violation of the Certification approved by DWQ shall be considered a violation of this LAMA permit. 43) The N.C. Division of Water Quality (DWQ) approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7040406 on 4/22/04. Any violation of the permit approved by the DWQ shall be considered a violation of this LAMA permit. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 23 (COE Action ID No. 200510770) and Nationwide Permit Number 33 (COE Action ID No. 200510903), which were both issued on 5/9/05. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. ~r , , f~ ~ 4b S~- f~.3. - , - _ f ..~ - ti l ~ t' `K 2 j:; 1 ~'Y ' ~ ~ ~ ~ ~'A'~ - ~ ~ ' r i 'z 6 ' r f a - , ~ ; ~ r ai ..~s_~ 3 ~ ~~ .. +' ., -. ... ,. ~ ;,: _ . - - ~ d ~f ++~.a ~~aw~~ STATE OF NORTH CAROLINA DEPART~~1T OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR U. S. Army Corps of Engineers Regulatory Field Office .Post Office Box 1000 Washington, NC 27889-1000 ATTN: Mr. William J. Biddlecome NCDOT Coordinator Deaz Sir: ~~~~~~ Subject: Nationwide 23 and 33 Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B- 4222. The project involves the removal and replacement of Bridge Number 24 carrying SR 1140 over Halls Creek in Pasquotank County. Anew bridge approximately 104 feet long and clear width of 30 feet will be constructed to carry SR 1140 over the creek. SR 1140 will be detoured using SR 1141, SR 1144, SR 1139 and SR 1136 for a total detour length of 8.7 miles. The project is shown in the approved Categorical Exclusion and permit drawings. Water Resources The project is located within the 03010205 hydrologic unit of the Pasquotank River Basin. Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the project area and has a best usage classification of C Sw. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 March 1, 2005 TELEPHONE: 919-733-3141 FAX: 919-715-1501 WEBS/TE: WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC 0 o a Impacts to Waters of the United States The majority of the azea surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. Land Disturbing Activities Bridge No. 24, an 8 span structure, will be replaced with a bridge that only has two spans. In order to accommodate for the larger spans, a larger (taller) girder must be used, thus raising the grade of the bridge. There will be approximately 448 cubic yards of fill placed on high ground to raise the grade approaching the new structure. Also, 51.9 cubic yazds of high ground excavation is necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. A timber bulkhead is located in the southwestern portion of the project area. If this bulkhead is in conflict with construction activities, it will be removed and then replaced once the project is complete. Only the portion of the bulkhead that is within the right of way and in conflict with construction activities will be .removed, resulting in a maximum removaU replacement of 25'. It will be replaced at the existing location, pazallel to Hall's Creek. As the northwestern bank of Hall's Creek in close proximity to a building, 6 square yazds of class 1 stone will be used to ensure proper stabilization. No stabilization is necessary under the bridge, as the increased length of the bridge will allow for a lower gradient leading to the abutment of the bridge. Utility Relocation Impacts Three utilities exist within the project area. On the north, aerial power spans Hall's Creek and a water line is buried through Hall's Creek. On the south side of the project, Sprint telephone lines run underground until reaching Hall's Creek where they span aerially. All of the utilities mentioned above will be directionally bored under Hall's Creek. Bridge Demolition Bridge Number 26 is composed of a reinforced concrete deck and railings on timber joists. The bridge has 8 spans and totals 68 feet in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. As stated in "NCDOT Best Management Practices for Construction and Maintenance Activities," because a LAMA permit is required, dropping of any component of a bridge into the water will not be permitted. All components from previous bridges must be removed. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. Avoidance and Minimization The construction of this project has minimized the extent of the built-upon area by using the existing alignment for the widening. Traffic will be maintained using an off site detour. Best management practices (BMP's) will be utilized to minimize water quality impacts. No portion of the project is located in the critical area of the watershed. In compliance with 15A NCAC 02B.0104(m) we have incorporated the use of BMP's in the design of the project. Mitigation Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is understood that the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the EEP transition period ending on June 30, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to jurisdictional waters under the federal Clean Water Act will be provided by the EEP. The offsetting mitigation will derive from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.036 acre of jurisdictional will be offset by compensatory mitigation provided by the EEP program. A letter dated October 26, 2004 from the EEP accepting this mitigation is attached to this application. Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to co-exist with human activities. Federal law (under the provisions of the Endangered Species Act (ESA) of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of ESA § §7 and 9, as amended. As of January 29, 2003, the USFWS lists one federally protected species, the bald eagle (Haliaeetus leucocephalus) for Pasquotank County. Surveys were conducted by NCDOT biologists in May of 2001 and February of 2004. No populations were identified. However, as habitat exists in the project area, the biological conclusion is May Affect, Not Likely to Adversely Affect. The US Fish and Wildlife service concurred with this biological conclusion in the attached letter dated March 11, 2004. Regulatory Approvals The department has obtained a state stormwater management permit (Permit No. SW7040406) for this project. A copy of this permit is included with this application. The department is also in receipt of an exemption of a United States Coast Guard permit, also included with this application. Section 404 Permit: This project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide 23 as authorized by a Nationwide Permit (67 FR 2020; January 15, 2002). Section 401 Water Quality Certification: We anticipate 401 General Certification numbers 3403 will apply to this project. In accordance with 15A NCAC 2H, Section .0500(a) we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their review. The NCDOT hereby requests that this project be authorized by the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers. The NCDOT has also requested authorization by the issuance of a Coastal Area Management Act Major Development Permit under separate cover. If there are any questions, please contact Mr. Michael Turchy of my staff at maturch~@dot.state.nc.us or (919) 715-1468. A copy of this permit application will be posted on the DOT website at: http://www.ncdot.org/planning/pe/naturalunit/Permit.html. Sincerely, ~~ ~, Grego .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: W/attachment Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecome, USACE, Washington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. D. R. Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 Environmental Officer Ms. Beth Harmon, EEP W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Omaz Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Mazk Staley, Roadside Environmental Ms. Theresa Ellerby, PDEA Project Planning Engineer °c~ Office Use Only: USACE Action ID No. O ~ ~,~ Fo~rsio~~ay 2 Q No. ~ ~ ~ (If any particulaz item is not applicable to this project, please enter "Not Applicable" or "N/A G~ ,~` ~~ I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Telephone Number:_ (919) 733-3141 .Fax Number: (919) 733-9794 E-mail Address: maturchv@dot.state.nc.us 2. Agent/Consultant 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: Fax Number: E-mail Address: 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: B-4222- Replacement of bridge No. 24 over Hall's Creek on SR 1140 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4222 3. Property Identification Number (Tax PIN): N/A 4. Location County: Pasquotank Nearest Town: Nixonton Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): SR 114.0 5. Site coordinates, if available (UTM or Lat/Long): 36° 13' 12"N, 76° 16'34"W Nixonton Quad (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. Property size (acres 7. Nearest body of water (streamlriver/sound/ocean/lake): Hall's Creek 8. River Basin: Pasquotank (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ Residential, recreation (boat ramp) Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Heavy machinery, bridge constructing equipment. 11. Explain the purpose of the proposed work: Work will replace a structurally obselete bridge structure. 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. No previous permits have been requested for this project. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future plans for this project. 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 Page 3 of 8 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. 1. Provide a written description of the proposed impacts: The proposed impacts include: 0.01 acres of fill in wetlands to accommodate the widening of the approach shoulders to lead up to a wider structure, 0.006 acres of wetland excavation necessary to create the new roadside ditches which have been pushed outward as a result of wider approach shoulders. 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, and 0.01 acres of temporary dewatering of Hall's creek to build a cofferdam to construct the bent supporting the new structure. 2. Individually list wetland impacts below: 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*** See Cover Letter * 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, sepazately list impacts due to both structure and flooding. ** 100-Yeaz floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps aze available through the FEMA Map Service Center at 1-800-358-9616, or online at ham://www.fema. eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.04 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (leases eci ) See Cover Letter * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (sepazately 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 lineaz footprint for both the original and relocated streams must be included. Page 4 of 8 ** 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. og_v. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet} to all streams on site: 40' 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) T of Im act* YPe P Area of Im act P (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc. See Cover Letter last each impact separatety anu tuenttty temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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. Toy-down construction will be used for this project. An off-site detour will be used eliminatin>? the need for a temporarybridge. 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 Page 5 of 8 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.state.nc.us/ncwetlands/strmgide.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/lineaz 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 sepazate sheet if more space is needed. See attached letter from the Ecosystem Enhancement Program accepting_mitigation for this proiect. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/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): 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): Page 6 of 8 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 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 (required by DWQ) 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 ® If you answered "yes", provide the following information: Identify the squaze 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 uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 3Q feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 Page 7 of 8 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) 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. Stormwater permit is attached to this permit application. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No 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). of ~ppGcant/Agent's Signature ~ Dlate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 ' 1) N -`\` ` ` \ `~ ~,~1 ~~ J 2 ~ \ / ~ .~ ,~ 2 cb • ~ 17 f •1223 ~ / 2 ~• 1219 1144 1145 ~ 1183 O M tb ~ 7.O f ~ ~. ~ ~ to ~ 1 144 , 6 1 139 1 101 16 h 1143 ~ '.• ' 9 ~ '~ 1227 . .3 ,afp 2 .~" •`• 1141 1 142 ' ~''~ . 1 ~ ~•~ 1169 ~ ~ • ~r 1 140 ~1 / 1 139 ~ 1'~ ~ ~ 1 1236 ~ ~ ~~' i °` i • ~ •9 1.0 4. n•~./ J l 1136 1169 O \ N l - BEGIN PROJECT ---~-...---~ : ~ w ~ ~ ,.,; 8-4222 { H~~o~ - ~ i --~ 1 100 . ` '+' ; • 2 1 _ END PROJECT ~'~ SCALE .5 0 1 Mile N.C. DEPT. OF TRANSPORTATION DIVISION OF HIQHWAYS PASQUOTANg COUNTY PROJECT: 8suo~ol cs-~>, PROPOSED REPLACEMENT OF BRIDQE Na `l4 ON SR 1140 OVER HALL'S CREEg SHEET page 1 of 9 1 ! ~ __ .. ..._.J N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANB COUNTY PROJECT:8.211MO1 8-1222) PROPOSED REPLACEMENT OF 1000 0 2000 sRIDGE Ness oN SR 1110 OVER HALLS CREEg sHEET Page 2 of 9 9 / 29 / 03 \ ~ ~ ~ /` 1 1 Y- j 4 ~ \ ~ ! '-s--_~~ ~ i ~ ' '• ~' ~ 1 j ,~ / ~ .,,, , , ,• ~. a ~ ` f ~ ~ .- ~_ ~ r j ~~ _ • i ~ ~ . / ~ _`~ , ! 26 ` 0 ~ ~ ~ : 1 / .~ r--~ - 2 1 r j . j li ~ / I _-L~ ~ ! •~~ j J ! _ _~ L~ ~„ '~ ~ -- • C - ` 9 ~! 5 `~ I ~ ::.; : _ ~ , . _ S SITE - , 1136 ~~_~ '`~ 1 _ ' - __ ~- -~- - 1 ~ ~ ,~ ~ ~ ~ -~- 1 P ~ _ 4 ~..- ... :;~ _.~. _ -} l ; ; -fie- .yy- ~ O 1 \ \ ~ ` ` . . .. r n ~ -w~ ~ 3 / / / ~ 1 ~ y ~ ~ ~ ..yw ..rr ~~ .~ _ y. O ~` lF.. \ ' ~ 1 ' ~ ,,Cr,+ .~ .., ~ •. ~ 5 ~ I -~-- .- ~ ~ iii ~~ I 1 'f~' ~ ~ ~ ' ~~~ ~~~ ` ~ ~' ~ i ~ -- ( ~ • xSO ~. vf.vw`~ ,,y'~~:'n~S~,Nf4< < .~ ~ 1140 ry~ ~~ : :.~. 1 / - - \ -'iL t?L'- - ~ ~,~ - \ ~ ~ 1 1 ~/ ,k--~~~ ~ 1. ~ ' 'q. ,. LEGEND ---WLB ---- WETLAND BOUNDARY ~W~B. ~. ~` ~ ~ WETLAND i~~- WLB~ L~1:111111J DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ®DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY ® FILL IN SURFACE WATER * * * .* DENOTES MECHANIZED * * ** * *~ * CLEARING -~ -F- FLOW DIRECTION ~_- TOP OF BANK -••-•WE-••- -EDGE OF WATER _- ~-_ PROP. LIMIT OF CUT -- F-- PROP. LIMIT OF FILL =-~ PROP. RIGHT OF WAY -- NG--- NATURAL GROUND -- P(--- PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT -•EAg-- EXIST. ENDANGERED ANIMAL BOUNDARY -•EPB-- EXIST. ENDANGERED PLANT BOUNDARY -••-~••-••-••- WATER SURFACE N.C. DEPT. OF TRANSPORTATION DIVISION OF HIQHWAYS PASQUOTANg COUNTY PROJECT: 831I0~(O1 ®-222) PROPOSED REPLACEMENT OF BRIDC3E N..2d ON SR 11(0 OVER HALL'S CREEK SHEET page 3 of 9 9/s9/oa XXXXX LIVE STAKES BOULDER --- COIR FIBER ROLLS Q ADJACENT PROPERTY OWNER OR PARCEL NUMBER I----I PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) SINGLE TREE -r"~-~r,.,-r'-•`'-~'•'L~ WOODS LINE .. DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN r qq 0pC-20 07•I EC~S\Gol~n\~ 422 \design\b4222_ds_permpsh~d9n ~i r r r i i Vf N D D + + vii can O O to N an 00 ~r ..a -.a N m C'1 a r r + v r m D i '- i o ~ ~ ~ ~ +~ ~ <D fi S o =. ~o $ ~~ i -i r ; w 4 s ~~m +~~ v ~ D m or ~ ~F ~ _~ n v _ ~~ b 5 -,+ r N n O r -a ., m -n r* r ~: s m -n .: z z o oZO ~o rZ ~vmi ~vmi ~m Zo n~ -m+m Dcn cvm+ zm rx ~2 ZD arm-.. m"1 cn a m n+ N~ Z ~"~ v °z ~~ ~a m1~.. N ~ z H t~ ~ .ti n ~; ~ p ~ ~ ''ti . . d C7 ~~~ ~ ~~ c ~~d~ p . ~ o' z~~. x ° 1, ! ~~ y ~~~~ r• ~~ n x hh ~` (] ~" ~n ~~~~ [ ~~ ~°~~~ ~ ~~ °o ~~ ~ z a a i X-~ .~ - ~ ~ ~• ~ v a,, a 0 ,!• . ~ _ __ Y '- --_, O X ~~ ~~-~o 4 ` '~ ~ ~ ~ .'"~ ' ~~. g a ~~ 0 ~° ^ G ~~~ ~ . ~ ~~y /~~. ~~ ~X c~ .~ ~~ aooo• ''~~ O } ~¢, Q 0 aooo~'~ - 1 q~ I ~F~ ti ~ t~ -i ~S ~ ~ ~;+ ~ ~? ~~\ i 2 ' 1 ~ N .t -----._---- / .. a ~~ /' .. ~_ .. .... _ .. ..._..a.a .. ..__ .. _. .. .. _.. .. _.. ... ___ ... ... .. i ` \ ~ •. ~' m O D. ~ ~ _~- ° -* ~ ~ r ~ ~L ~ ~ o ~ ~ ~ __ Z ~°-~ ~ : ~ ~ ~~: ~ X11 W ~~ ~~g n x ~ m ~ ~ ~ UUU '~ . O' O ~ i ~ •A ~ v ~ ~ ~ ~~ ~ ~ ~ o i iii r ~~ as + + N N ~~ 00 ~~ an 00 ~~ rn n ~ ~Dm 0 -i -1 o'~D r= ~ ~ on ~ ? ~ ~ _ ~o ~ ~~ - o ~ r ; ~ $ a ~ s ~'' m v o~D yr ~ ~ . ~ r a o = W b ~ ~ ~ r i ~ i r N n O w r m m _~. R ! - m -n • • 0 0 T r r z° z °m mN mN ~m ZO n~ -im ncn cN ~m rx Z c7 D A Z 'n A oa v'< Nr nm z v+n r A~ N '~ Z m O m o ~~ v z as ~~ m.~ N y ob p ~ ~ b. d ~ `! ~. c~ ~ ''C~ u- ~ C2i ~ Q ~,~1 ~lo.d~ C ~~"o a~~~ ~~ta~' C ~ ~~y~ ~ ~ o ~. C v' ~, °z Q ~3 O ~. ~ © --~~ X ~ ~~ ~. ~ ~~ j ~` ^~.~ 0 ~ '~ . -~ ~~ gw~~ m _.m ~~ ~ t ~~ ~ N ,~COOO OOOOO) ~ ~ ~~ 4 i~ 1 ~ ,-~i l ~. R ~ ~` ~ ~ ~ ~ \ n. ' o, ~ ~. = m 1 ~ `i - - _ ~-- --- •. • .. ~ .. i ~~~ - --- ~,~ ~ ~~ 0^ ~~ _ ' G --F 11 ~ --.- ' o ° 1j ~ L_..-- yN P~ Y ~ N Yj~ i ~~ ~~~ ~ ~ ~~ n x ~ .~ ~~ ~~ ~ ~ $ 0 ~_ T Z O r N ~ O ~ _ ~ a = O ~ m ~ (} U ~n o Z Y r~ Z = r~ Q LL Q ~; G. ~"' O f- U LL Z O W ~' O~ O U ~ ~O ~p O W> a av o0 0o a Z.. U ~ z a H w w s a x i~ 0 N O (p m E m E O a 3 Z' O a m O m m C r m v Q E a E H E ca ~ rn „ o ~~~ o 7 0 Z ~m~ ~c~ O o ~ wV a ~ Q ~ c W LL v O a ~ a m ~' o 0 0 0 W c n ~ V « Q N ~ ~ o _ = o 0 w a U ~ ^ O C /0 O C LL ~ Z 'o =_ O a !~ ~~°° "° O ° L m~ v p O ~U~ N c ~ c ~ F.. N z° ~ ~ o O g O V (~ ~ C V O d ~ x ~ W 3 C . D C v f. LL .p O W ~ ~ O m m H3 U C N '~ O ~ O C LL ~ O O m m 0 o v ~. _N m ~ ~ m R J V m O ~ N N U N N 0 o O ~ + ~ J a in ° ~ p ~ ~ H U o Z W. m ~ lq ~- k Project No. 8.2110401 (B-4222) Property Owner List For Each Site Parcel No. Name Address O/ Robert C. Collie P.Q. Box 1625 Elizabeth City, N. C. 27909 O Na.xonton Ruritan.Club 694 Body Rd. Eli h i b za et C ty, N.C. 27909 ~3 Mary Pritchard 104 Marian Avenue Elizabeth City, N.C. 27909 O N.C. Wildlifie Commision 1720 Mail Service Center Raleigh, N.C. 27699-1720 N.C. DEPT. OF TRANSPORTATION DIVISIOAT OF HIGHWAYS PASQUOTANK COUNTY PROJECT: 8211001 8-4222) PROPOSED REPLACEMENT OF BRIDGE Na ?rt ON SR ll40 OVER HALLS CREEK sHEET. Page 9 of 9 9/29/oa ~+C)NTRACT: -w o ~ ~" ~ ~' ~' ~ A O y w p o o y J4 ~ V M ~ gg b v N N <-~c<~~ i x u n u u n i C OA A C N ~ ~- ~ ~ a, a4 ,E ~ ~ y a° _ • . - r O ~ ~n Z A ~ ~ ~` y m ~ ~ I ~ ~~ N n u n 0 0 0 ~ N ODD 3 3 3 m~ ~ ~~ m m ~~ ~ ~ n., ~ ~ ~' -' ~ 'O -e x o~ o~ ~#~ ~ :i ~ ~. fn" O ~O Z ~ ~ 0 ,n`mZ O Z~5 p~,~ ! m ~ ~ ~ p ~, ~~~ Z .. Z m ~o ~ ~n~nnn.,,. t e~ `~Fpja +•~~ ~ ~ ~ O~4~nu~pMP, ` LL N f-' ~ W ~~~ ~ o ~o xx ~~ ~~ ~~ ~ ~ ~~ R. ~y O Z m° `"'~! . ~a ~ ~o v ~c ~~ Q ~ ~ ~~! 0 ~. n ~. J ~ ~• ~ ~ g ~~ ~ ~ tla ~ R _``~ - ~ _i ~~~ ~ ~\ ~ (.•~~ -~ i '~q-~ ~> ,- g ~ C ~~ O r ~ ~ ~~ R~ ~~ t~ n ~$ ~~ ~~ ~~ F ^1 ® ® ~ . . ~ H C~ z ~ ~^^ C ~' ~ ~~ N ~ ~ ~~ ES a 161 tESSOGNatta~4#SFSS4SStE ~ ~ 5/26/99 o - ~ , m ~ o ~ b° ' - ~~ ~ ~ '~ ~ :__. 0 ICI ~ ~I ,~4Yfm _ ~ ~ ~~-~, .>~; ~. ~ 0 ~®® I~hI I ' u i. _ ~ ~• ~~~ ~ ~c o ENO ~ ~.-t~ ~° ~,C ~ o °~ ~ n~~' ~. ~~~, ~. °-•4E.m ~° o p ~ $ c !t~ ~O. ®a©~Qo®mO®oo®I~®~'eOm~CSo®®©®©~-~-~.+.oc~-.• 'I ^~i II ~ 0.~. . .. ~ ~ ~~ -v ~n 7 ~ ° ~ ~ ' to C ~ . ~ m ~ 22 ~ '. ' ~ ~ ~ ~ ~ ~ ' ~ ' 1" ~ ~' j ' to ~jy C . t~ moo ~ mN ~ 1. Vl:. I 1 ~. ~' _~ ~. m~ ~ mal~~ ~O~ ~' I I I. 1 ~.~.~•~ I I I I I' I I I .:.~. ~:~, f l~ (III. ,~I~I to en ~ ~ : ~ ~ to fn ~ C: ~ -1 ~ n .. ~ ~ Z° ~ [~ S N, v>i ..~ . ~ .~ ".... o , ~ . S . ~ ~ c ~ • . ° ~.. ~ . -• _ a ~ ~ .;. -- .. do ~ o ~.$... :~ m . , . o m c ~. .' . ., , ' ; . . _ ~: g~ ~ ~ y ~c~ •.' ~: , ~ • ; ~ ' ~~ ~ ~ ~~ a ~ _ n • rc < I. : l ,. I ~ N ~ < <I , .~ i .,.. A F^ it rr ~ a, 03 n pi ~ ~ F~ E g~ O z~ ~ z '^I ~ ~~ ' N ~ ~i 0 $ f x A O m $ o f ~ 4 it w x ~~ rn~ ~ ~ A ~ Ir V r~ ~ r~ ~ s N~ yA ~ rv~ rr f i ~ N ~~ D D t + -,. cn cn -~ -~ O O (n N "'I ---~ D D W W + + ~ W O O ~r ~~ 1 r N -., n O m r M M Z to '0 m m ~~ ~ o n _ n < r ~ jj ~ T ~D Z ~ O ~ N lO ~ ~~ a o o ~' ~ o _r ~ o ~ Q n ~ - no €~m I -~ --I N v c <D m m O i'"' ~=oo s o ; x ~ n o ~ u n ~ q T ~1 -t ~ ~~ S~ p t m9 JF g 669«< 0 D g ~j ~ ~ 3 ~~ ~ 3 ~ 9 ~" g 3 'a p N om ~m ~~ C N i y N •v ~ H ~, ~ ~~ ~ o ~~ ~ ~~ ~~~ ~~_~ I~~ ~~~~~~~~~ ~ ~ ~ ~~ n r o aA~ln n~ V ~a ' ~ W ~ 4 ~~ -' ~ ~ ~ y '\ ~ ~~~op~ p A A p p Ily x I ~ . ' O ~ 1 O ~N ~ ~ Q ~ ~ + ppQ `yc8 r ~ .~.. N f~:~ r 1 O lJl ~ I c> n A m ~ N m N ~~ ~ ~~ ~ `~~ s~ J~ M ~~ ~~ ~ e H , j .~(1 v ~hfffhlflffllf~~"~ I~iIIIr~~ C~ °oH01N ~• Zz. ~ p~ N ' - g~ ~ ~ ~i "~ ~ + ~ ~ : y ~F w o 9 JP• ~~ffhunnnff"~~~ ` 1 I o stem E a ement PROGRAM October 26, 2004 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Cazolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: RECEIVED OCT 28 aMiSIQN OF M~NWAYS PDEA-0ff~E Of NATURl~I. ENVIf~NYF.l+1T B-4222, Bridge 24 over Hall's Creek, Pasquotank County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland mitigation for the subject project. Based on the information supplied by you in a letter dated October 22, 2004, the impacts are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain Eco- Region, and are as follows: Riverine Wetland: 0.036 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Cazolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The wetland mitigation for the subject project will be provided in accordance with this agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, ~~~~~~ . William D. Gilmore, P.E. Transition Manager cc: Bill Biddlecome, USACE-Washington John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 ~~~ R.estor~u-c~... g ... P~otect~ O~,y' Stag ~u~R North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0416 / www.nceep.net o stem PROGRAM October 26, 2004 Mr. Bill Biddlecome U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: B-4222, Bridge 24 over Hall's Creek, Pasquotank County Cataloging Unit 03010205 (Pasquotank), Northern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) proposes to provide preservation to compensate for the unavoidable 0.036 acre of riverine wetland impacts of the~subject project in the following manner: Wetland Preservation (10:11 in same eco-region (0.36 acrel Roanoke River - Cashie Site, Bertie County The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory mitigation for the project will be provided in accordance with Section IX, EEP Transition Period, of the Agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Phil Hams, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 ±`i..'~-~ ~~~ ~~.-d~',..vf .,.. .L Vic;.'`.''` •~ ~~i..ti~"'"<~'~ g'•' r`i~';? +".'-~. ~ ~ ~ ~.~ ". , ti--?T ~~ ~, ~~ /' _J L` t~,d't. f , _ ..t ~ :.r ~~ ~.-c-ai';..,r~ ~ ~ .~„VL, NCDENR North Carolina Ecosystem Enhancement Program,1652 Mail Service tenter, Raleigh, NC 21649-1652 / 919-715-0476 / www nceep.net ~ W A T~ ©1 Michael F. Easley, Govenor ~0 9Q. /", c CE1 V G E~ . William G. Ross, Jr. Secretary f Department of Environment and Natural Resources 'i ApR $g Z~ Alan W. Klimek, P.E., Director ~ < Coleen H. Sullins, Deputy Director Division of Water Quality P~~~-p~yAYS F~~ ~~ ~~. Apri122, 2004 °~` Mr. Gregory Thorpe, PH.D. Department of Transportation 1548 Mail Service Center ~ ~ ~' ~~~~~ ~~ Raleigh; NC 27699-1548 ~ a ~byi``~j. pF ¢,~~ Subject: PermitNo. SW7040406 cr,~ q4 ~L0 YS ~~y~~ . General Stormwatcr rormrt ANA -Hall's Creek Bridge Replacement Pasquotank County Dear Mr. Thorpe: The Washington Regional Office received the completed Stormwater Application for the subject project on April 6, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply-with the Stormwater Regulations set forth, in Title 15A NCAC 2H.1000. We are forwarding Permit No: SW7040406 dated Apri122, 2004 to the Department of Transportation. 'This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If. any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P:O. I?rawer 27447, Raleigh, NC 27611-?447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 29889 Telephone 252-946-6481-FAX 252-946-9215 An Eqnal Opportunity Affirmative Action Employer Page 2 Mr. Gregory J. Thorpe Apri122, 2004 `: . ~ ~ .;tss ,.~ , . ~. `... .... z., If you have any qu;rstions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252). 946-6481, extension 233. Sincerely, /c ~-- h- Jim ulligan Water Quality Supervisor Washington Regional Office cc: Pasquotank County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-94&9215 An Equal Opportunity Affirmative Action Employer State Storr,~water Management Systems Permit No. SW7040406 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERNIIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS .HEREBY GRANTED TO Department of Transportation FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans :and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the Hall's Creek Bridge located on NCSR 1140 in Pasquotank County, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. 0.06 acres of new impervious areas are proposed. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 3. No stormwater piping in addition to the existing piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used, for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS L Failure to abide by the .conditions and limitations contained .in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina. General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. .The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina. Administrative Code, Subchapter 2H.1000; and North Cazolina General Statute 143- 215.1 et.al: 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 4 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum .requirements. The permittee shall provide .copies of revised plans'and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person .except after notice to and approval by the Director. The Director may require modification or revocation and. reissuance of the permit to change the name and. incorporate such other requirements as may be necessary. A 'formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and .other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. g. The issuance of this .permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 22"~ day of April, 2004. NORTH CAROLINA ENVIItONMENTAL MANAGEMENT CONIIVIISSION ~,.A1~Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7040406 943 Washington Sgnare IYtsll, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 Au Equal Opportunity Affirmative Actiou Employer United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27696.3726 March 11, 2004 Lindsey Riddick North Cazolina Department of Transportation Project Development and Environmental Analysis i~48 li~iarl Service Center Raleigh, North Carolina. 27699-1548 Dear Mr. Riddick: This letter is in response to your letter of February 24, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 24 on SR 1140 over Halls Creek in Pasquotank County (TIP No. B-4222) may affect, but is not likely to adversely affect the federally threatened bald eagle (Haliaeetus leucocephalus): 'These comments aze provided in accordance with section 7 of the~Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, eagle surveys were conducted at the project site in May 2001 and February 2004. In a telephone conversation between Mr. Gary Jordan of my staff and Tyler Stanton of NCDOT on March 10, 2004, Mr. Stanton stated that the eagle surveys were limited to a relatively small area that was defined as the project azea in the Categorical Exclusion (CE)'. This defined project area is too limitedto adequately survey for eagles. When an,eagle nest survey is required due to the presence of lazge water bodies, the surveys should extend, at a .minimum, 0.5 mile from the project Limits, and preferably out to 1.0 mile. Your letter includes the statement "...Due to the Lack of tress suitable for nesting:.." ~Ho-~ever, bo*,.h aerial ~:d ground level photographs in the CE reveal suitably sized trees for eagle nesting within 0.5 mile of the project site. The project site is already disturbed, and the project involves replacing an existing bridge with a new bridge on the same alignment. It appears that little, if any, additional tree clearing will occur at the project site. It also appears that the site experiences significant human activity. Given these facts; the Service concurs with your conclusion that the proposed bridge replacement may affect, but is not likely to adversely affect the bald eagle. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. For future letters requesting concurrence, the Service requests that additional information be provided. Your letter for this project, for example, should have included the extent of the surveys, whether or not eagles were actually observed, and your rationale for stating that no trees suitable for nesting were present. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact 1VIr. Gary Jordan at (919) 856- 4520 (Ext. 32). Sincerely, ~~,~~~~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC 36. 2(`~g7o~ ~6.2~65~1~ U.S. ARMY CORPS OF ENGINEERS ~ ~~ WILMINGTON DISTRICT t~ `~ Action ID 200110947 County Pasguotank NOTIFICATION OF JURISDICTIONAL DETERMINATION Properly Owner/Agent: NCDOT, Gregory J. Thorpe, Ph.D. Address: Environl(mental Management Director, PDEA 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Telephone No.: (9191733-7844 (Ellerbyl Size and location of property (waterbody, highway name/number, town, etc.) Proiect is located on NCSR 1140 iust west of NCSR 1136 crossing and adiacent to Halls Creek. 6, 42ZZ Indicate Which of the Following Apply: _ There are waters of the U.S. and/or wetlands, on the above described properly which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by out staff before the Corps will make a final jurisdictional determination on your property. _ Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S. and/or wetlands, identified within the construction corridor limits have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five yeazs from the date of this notification. _ There aze no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City at (252) 264-3901 to determine their requirements. Placement of dredged or fill material in Waters of the US andlor wetlands on this property without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work restricted entirely to existing non- wetland area. If you have any questions regarding this determination and/or the Corps of Engineers regulatory program, please contact Bill Biddlecome at (2521975-1616 ext. 31. Basis For Determination: The wetlands are a continuum to Halls Creek with is a tributary to the Little River which is a tributary to Albemarle Sound. Property Owner/Authorized Agent Signature Corps Regulatory Official " !/t/ Date 1/15/04 Expiration Date 1/15/09 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM U.S. Department of Homeland Security United States Coast Guard Commander United States Coast Guard Fifth Coast Guard District Mr. Gregory J. Thorpe Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Deaz Mr. Thorpe: 431 Crawford Street ~~ ` ~~ Portsmouth, Va. 23704-5004 /~~T Staff Symbol: Oan-b ~ ~ Phone: (757) 398-6587 Fax: (757)398-6334 Email: tknowles@lantd5.uscg.mil U7 ApG ~ ~ ~ 11PR ~. 1 2CQ3 ~~ This is in response to your letter of March 14, 2003, to construct a bridge across Halls Creek, in Pasquotank County, North Cazolina. Since this stream at this site is subject to tidal influence, it is considered legally navigable for Bridge Administration purposes. This stream at the crossing site also meets the criteria for advanced approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways aze those that aze navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways. Your letter and attachments confirmed such conditions exist at this site. Therefore, an individual permit will not be required for this project. The fact that a Coast Guard permit is not required does not relieve you of the responsibility for compliance with the requirements of any other Federal, State, or local agency who may have jurisdiction over any aspect of the project. If you have any questions regarding this matter, please contact Mr. Terrance Knowles, at the phone number or address shown above. Sincerely, ~ . WAVERLY ORY, JR. Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAYADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: OZ Zb- o ~ ~ l`l~~ Gre o J. o e Ph.D. DATE 9 rY rp Environmental Management Director Project Development & Environmental Analysis Branch North Carolina Department of Transportation DATE ~ Donald J. Voelker, Acting Division Administrator Federal Highway Administration PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 CATEGORICAL EXCLUSION FEBRUARY 2003 Document Prepared by Ramey Kemp & Associates, Inc. 4928-A Windy Hill Dr. Raleigh, NC 27609 Montell W. Irvin, P.E., PTOE,"Pn Ramey Kemp & Associates, Inc. For the North Carolina Department of Transportation ~`~~~ Theresa Ellerby, Project Manager Project Development and Environmental Analysis Branch 02 ai o3 Date PROJECT COMMITMENTS PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 In addition to the standard Nationwide Permit #23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, Design Standards for Sensitive Watersheds, NCDOT's Guidelines for Best Management Practices for Bridge Demolition and. Removal, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by NCDOT: Division 1 1.) The NCDOT will observe a moratorium on in-water work between February 15 through June 15 to protect fish spawning. The NCDOT will follow the "Stream Crossing Guidelines for Anadromous Fish Passage". 2.) The NCDOT will schedule construction so that road closure begins on December 1 (after the fall harvest season). Work will be scheduled such that the road can be reopened on later than the following September. 3.} The U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge will be relocated prior to removal of the existing bridge. rr Categorical Exclusion February 2003 BRIDGE REPLACEMENT PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJEC T N0. SRZ-1140(2) STATE PROJECT N0. 8.2110401 T.I.P. N0. B-4222 INTRODUCTION: The replacement of Bridge No. 24, located on SR 1140 over Halls Creek, in Pasquotank County, is included in the North Carolina Department of Transportation (NCDOT) 2002-2008 Transportation Improvement Program (TIP) as 8-4222 and in the Federal-Aid Bridge Replacement Program (BRZ-1140 (2)). The location is shown in Figures 1 and 7. No substantial impacts are anticipated. The project is classified as a Federal "Categorical Exclusion°. I. PURPOSE AND NEED The NCDOT Bridge Maintenance Unit records indicate Bridge No. 24 has a sufficiency rating of 9.1 out of a possible 100 for a new structure. The bridge is considered structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS Bridge No. 24 is located approximately 900 ft (274 m) west of SR 1136 in an area .referred to as Halls Creek in Pasquotank County. Refer to Figures 1 and 7 for the project location and Figures 2 and 3 for photos of the existing project area. Bridge No. 24 was constructed in 1952. The bridge is not currently posted to restrict weight limits. The overall length of the eight-span structure is 68 ft (20.7 m). It has a clear roadway width of 22 ft (6.6 m) that includes two 11 ft (3.3 m) travel lanes over the bridge. The superstructure consists of a reinforced concrete deck on timber joists and an asphalt wearing surface. The original end and interior bents were constructed of timber piles and caps but have been replaced with steel H-piles and steel caps. The original timber piles are still in-place. The height from the crown to the stream bed is 12 ft (3.6 m). SR 1140 is classified as a rural minor collector in the Statewide Functional Classification System. The 2002 average daily traffic volume (ADT) on SR 1140 is estimated to be 1,450 vehicles per day (vpd). The percentages of truck traffic are 1 percent TTST vehicles and 3 percent dual-tired vehicles. The projected 2025 ADT is 2,800 vpd. 2 The two-lane facility measures approximately 20 ft (6.0 m) in width and has 3-ft (1.2-m) grassed shoulders on each side of~the roadway. The horizontal alignment of SR 1140 is straight and the vertical alignment is flat within the project area. The speed limit in the immediate vicinity of the bridge is posted at 35 miles per hour (mph) (60 km/h), but changes to a 55 mph (90 km/h) approximately 600 ft (180 m) west of the existing bridge. Existing right-of--way is approximately 60 ft (18.3 m) in width. This section of SR 1140 is not part of a designated bicycle route nor is it listed in the Transportation Improvement Program as needing incidental bicycle accommodations. There is no indication that an unusual number of bicyclists use this roadway. There is a telephone cable that extends along the south side of SR 1140 throughout the project area. The cable is located underground except where it becomes aerial over Halls Creek. There are aerial electric service lines running along the north side of SR 1140 throughout the project area. There is a waterline along the north side of SR 1140 in the vicinity of the bridge. Utility impacts are expected to be minimal. Land use within the project area is a mixture of residential properties. There is an old cemetery lying 165 feet (51 m) southeast of the bridge and 30 feet (10 m) from the centerline of the road. It is largely overgrown and contains 11 marked graves with approximately 30 to 50 unmarked graves. A historic site is situated directly across the road from the cemetery, with a granite monument marking the "First Albemarle Assembly Meeting", on February 6, 1665. Also on the same side of SR 1140 is a large civic meetinghouse, located approximately 115 feet from the centerline of the road. A mobile home park is situated west of the bridge on both sides of SR 1140 and there is an abandoned store building lying northwest of the bridge. Land use surrounding the project area is largely agricultural and SR 1140 is a main thoroughfare for farmers during the spring and fall harvest seasons. There is a NC ~Idlife Commission public boating access area, referred to as the Halts Creek Launch, located on the south side of SR 1140 on the east side of the existing bridge. There are two driveways off of SR 1140 that serve the facility. Four school buses cross Bridge No. 24 two times a day, for a total of eight bus trips per day. There have been four crashes reported on SR 1140 within the project area between August 1, 1999 and July 31, 2002. One involved striking a deer, two involved striking another vehicle, and one involved a single vehicle losing control and overturning. There is a U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge. The marker number, date, and elevation are 33 MEA,1976, and 5 ft (1.5 m), respectively. 3 III. ALTERNATIVES A. Project Description Based upon a preliminary hydraulics analysis, the proposed replacement structure will be approximately 115 ft (35 m) long with a 30 ft (9 m) clear roadway width. The bridge will include two 11 ft (3.3 m) travel lanes with 4 ft (1.2 m) of lateral clearance on each side of the bridge. The length and opening size of the proposed structure may increase or decrease as necessary to accommodate peak flows as determined by a more detailed hydraulic analysis to be performed during the final design phase of the bridge. The roadway approaches will provide two 11 ft (3.3 m) travel lanes with 8 ft (2.4 m) grassed shoulders. The roadway approach and bridge grades will approximately match existing bridge and roadway elevations. The design speed is 40 mph (65 km/h). B. Build Alternatives The build altemative studied for replacing the existing bridge is described below: Alternative A (Preferred) Altemative A consists of replacing the bridge in-place with a new bridge. During construction, traffic will be maintained by using an off-site detour. Refer to Fgure 4 for illustration of this altemative. The project limits will extend no more than 250 ft (76 m) in each direction from the center of the existing bridge. SR 1140 will be closed within the project limits for approximately 4 to 6 months during the construction of the bridge and roadway work. F~cisting traffic will be detoured via SR 1141 (Glade Road), SR 1144 (Simpson Ditch Road), SR 1139 (Body Road) and SR 1136 (Four Forks Road). The detour length is estimated to be 8.7 miles (14 km). Refer to Figure 5 for illustration of the temporary off site detour route. C. Alternatives Eliminated From Further Consideration A °Do-Nothing° altemative will eventually necessitate closure of the bridge due to its poor condition. This is not desirable due to the traffic service provided by SR 1140. Investigation of the existing structure by the NCDOT Bridge Maintenance Unit indicates that rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. Altemative B consists of replacing the bridge in-place with a new bridge. During construction, traffic will be maintained by using a temporary on-site detour located on the south side (downstream) of the existing bridge. The temporary detour will be located approximately 15 ft (4.6 m) from the south side of the proposed bridge and will have an approach roadway width of 28 ft (8.6 m) with 3-ft (1.0-m) wide shoulders on each side. The temporary detour on the south side of the existing bridge will result in relocatees on the west side of the creek and impact an existing cemetery.. A temporary detour on the north side of the existing bridge was also evaluated but will result in relocatees on the west side of the creek. This detour would also have substantial impact to the Ruritan Club property adjacent to the creek on the east side. 4 Elevations in the project study area range from approximately 3 to 7 ft (1 to 2 m) above mean .sea level (USGS 1982). The project vicinity consists of cypress/gum swamp, hardwood forest, agricultural land, and adjacent urbanized areas. The project study area crosses three soil mapping units. The soil types in parentheses represent the proposed new soil series names in the unpublished soil survey for Pasquotank County (NRCS 2001). Hydric soils are mapped as Swamp soils (Dorovan: Typic Medisaprists), which are poorly drained. Non- hydric soils with hydric inclusions are mapped as Berke fine sandy loam (Augusta: Aeric Ochraquults), which are moderately well drained to somewhat poorly drained. Non-hydric soils are mapped as Lenoir very fine sandy loam (Wahee: Aeric Ochraquults), which are somewhat poorly drained. C. Water Resources C.1. Waters Impacted The project study area is located within sub-basin 030152 of the Pasquotank River Basin (DENR 2001 a) and is part of USGS hydrologic unit 03010205 (USGS 1974). Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the study area. The drainage area at the bridge crossing is 11.8 square miles (30.4 square kilometers). This stream has been assigned Stream Index Number (SIN) 30-5-3 by the DWQ from its source to the Little River (DENR 2001 a). Halls Creek is a perennial stream with slow flow over substrate consisting of silt and mud. Water clarity was moderate with tannic acid being the primary contributor to the tea-colored water. The channel ranges in width from 70 ft (21 m) to 160 ft (49 m), and has an average depth of greater than 5 ft (1.5 m). A geomorphic characterization of the stream section within the project study area indicates Halls Creek is a "C"type channel (Rosgen 1996). Halls Creek has been assigned a best usage classification of C Sw (DENR 2001 a). The C designation indicates waters that support aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation is any activity involving human body contact with water on an infrequent or incidental basis. Point source discharges of treated wastewater are permitted in these waters, pursuant to Rules .0104 and .0211 of 15A NCAC 2B; however, local programs to control nonpoint source and stormwater discharge of pollution are required. The Sw designation refers to Swamp Waters, which have low velocities and other natural characteristics that are different from adjacent streams. No Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-I, or WS-II Waters occur within 1.0 mile (1.6 kilometers [km]) upstream or downstream of the project study area (DEM 1993, DENR 2001 a). Halls Creek is not designated as a North Carolina Natural and Scenic River, or as a national Wild and Scenic River. Halls Creek is designated as an anadromous fish spawning area (NCCGIA 2001). One method used by DWQ to monitor water quality is through long-term monitoring of macroinvertebrates. In 1997, benthic macroinvertebratesarnples were taken upstream of the project study area. One sampling location is located approximately 4.5 miles (7.2 km) upstream of the study area at US 17 on the Little River (DWQ 1997). This location received a bioclassification of fair (DWQ 1997). 7 Another measure of water quality being used by the DWQ is the North Carolina Index of Biotic Integrity (NCIBI), which assesses biological integrity using the structure and health of the fish community. No NCIBI sampling has been reported for any Pasquotank County stream systems (DWQ 1996). There is a N.C. Department of Natural Resources -Division of Water Quality monitoring well (Site 1D number F111) located on the public boating access area property. The well is located approximately 150 to 200 ft (46 to 61 m) on the east side of Halls Creek due south of the existing bridge. C.2: Essential Fish Habitat Assessment An Essential Fish Habitat (EFH) assessment is typically required for bridge replacement in coastal counties. EFH is defined by the National Marine Fisheries Service (NMFS) as "those waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity" (NMFS 1999). The current species list prepared by the NMFS pertaining to EFH has been reviewed and all listed species are either marine or estuarine species. The project study area is in close proximity to estuarine waters; however, it will not be considered EFH by the USACE and NMFS. C.3. Permitted Discharges Discharges that enter surface waters through a pipe, ditch, or other well-defined point of discharge are broadly referred to as "point sources". There are no permitted point source dischargers located along Halls Creek or within 5 miles (8 km) of the project study area (DENR 2001 b). C.4. Anticipated Impacts to Water Resources Short term impacts to water quality, such as sedimentation and turbidity, may result from construction- related activities. Temporary construction impacts due to erosion and sedimentation will be minimized through implementation of a stringent erosion control schedule and the use of BMP's. The contractor will follow contract specifications pertaining to erosion control measures as outlined in 23 CFR 650 Subpart B and Article 107-13 entitled Control of Erosion, Siltation, and Pollution pursuant to NCDOT's Standard Specifications for Roads and Structures. These measures include: the use of dikes, berms, silt basins, and other containment measures to control runoff and elimination of construction staging areas in floodplains and adjacent waterways. Disturbed sites will be revegetated with herbaceous cover after any temporary construction impacts. Other impacts to water quality, such as changes in water temperature as a result of increased exposure to sunlight due to the removal of stream-side vegetation or increased shade due to the construction of the bridges, and changes in stormwater flows due to changes in the amount of impervious surface adjacent to the stream channels, can be anticipated as a result of this project. However, due to the limited amount of overall change in the surrounding areas, impacts are expected to be temporary in nature. No adverse long-term impacts to water resources are expected to result from the alternative being considered. The proposed project calls for replacement of the bridge in-place across Halls Creek, which will allow.for continuation of present stream flow within the existing channel, thereby protecting stream integrity. 8 C.5. Impacts Related to Bridge Demolition and Removal In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all contractors will follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in three NCDOT documents entitled: "Pre-Construction Guidelines for Bridge Demolition and Removal", "Policy: Bridge Demolition and Removal in Water of the United States", and "Best Management Practices for Bridge Demolition and Removal". The superstructure of Bridge No. 24 consists of a reinforced concrete deck on timber joists. The bridge has 8 spans and totals 68 ft (20.7 m) in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. There is potential for the concrete deck to be dropped into Halls Creek during demolition and removal. The maximum potential temporary fill associated with the removal of the bridge deck is approximately 32.7 cubic yards (25 cubic meters). It is anticipated that there will be no temporary fill associated with demolition and removal of the substructure since it is composed of timber and steel and can be removed without dropping components into the water. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. D. Biotic Resources D.1. Plant Communities Terrestrial distribution and composition of plant communities throughout the project study area reflect landscape-level variations in topography, soils, hydrology, and past and present land use practices. When appropriate, the plant community names have been adopted and modified from the NHP classification system (Schafale and Weakley, 1990) and the descriptions written to reflect local variations within the project study area. Six plant communities were identified within the project study area: cypress-gum swamp, mixed hardwood forest, mixed pine/hardwood forest, agricultural land, successional areas, and maintained/disturbed areas. These communities total approximately 19.4 acres (7.9 ha), which does not include the approximately 2.7 acres (1.1 ha) of open water attributed to Halls Creek and pond. Cypress-Gum Swamp -The cypress-gum swamp covers approximately 3.7 acres (1.5 ha) [19.0 percent] of the project study area. Cypress-gum swamps are associated with backswamps, sloughs, swales, and featureless floodplains of blackwater rivers. The canopy of this community is dominated by species such as swamp black gum (Nyssa biflora) and bald cypress (Taxodium distichum). The understory and shrub layer are usually poorly developed, though they may be dense in some sites and may include green ash (Fraxinus pennsylvanica) and red maple (Acer rubrum). The herb layer ranges from nearly absent to moderate cover. Herbaceous species include lizard's tail (Saururus cemuus) and arrow arum (Peltandra virginica). Mixed Hardwood Forest -The mixed hardwood forest areas cover approximately 1.8 acres (0.7 ha) [9.3 percent] of the project study area. Tree species in this community consist of sweetgum (Liquidambar 9 styraciflua) and red maple. The shrub and groundcover layer consisted of red maple, sweetgum, wax myrtle (Myrica cerifera), giant cane (Arundinaria gigantea), and common greenbrier (Smilax rotundifolia). Mixed PinelHardwood Forest -Mixed pine/hardwood forest covers approximately 1.0 acre (0.4 ha) [5.2 percent] of the project study area. Dominant tree species consist of loblolly pine (Pinus taeda), sweetgum; and red maple. Shrub and groundcover species consist of sweetgum, blackberry (Rubus argutus), poison ivy (Toxicodendron radicans), and Japanese honeysuckle (Lonicera japonica). Agricultural Land -Agricultural land covers approximately 1.3 acres (0.5 ha) [6.7 percent] of the project study area. Agricultural land includes land that is currently or has been recently in production of haroestable crops and/or livestock. The agriculture land at the northwest end of the project study area is currently in row crop production. The agricultural land northeast and southeast portions of the project study area are currently utilized as pasture. Successional Areas -Successional land covers approximately 1.1 acres (0.4 ha) [5.7 percent] of the project study area. The successional area consists of a fallow field that has been overtaken by opportunistic species such Japanese honeysuckle and blackberry. MaintainedlDisturbed Areas -Maintained/disturbed areas cover approximately 10.5 acres (4.3 ha) [54.1 percent] of the project study area. The maintained/disturbed areas within the project study area include roadsides and rights-of--way, maintained residential yards, powerline right-of-way corridors, and areas where other human related activities dominate. D.2. Wildlife The project study area was visually surveyed for signs of terrestrial and aquatic wildlife; however, little evidence of wildlife was observed during the field effort. The project study area is surrounded by busy roadways, cypress-gum swamp, forested areas, maintained/disturbed areas and agricultural areas. Expected wildlife species are those adapted to fragmented landscapes. No bird species were observed within or adjacent to the project study area. Bird species expected to occur within the project study area include American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura), great egret (Casmerodius albus), great blue heron (Ardea heroides), and osprey (Pandion haliaetus). No mammals were observed within the project study area. Species expected to be found in and around roadside and urban settings include raccoon (Procyon lotor), Virginia opossum (Didelphis virginiana), woodchuck (Marmota monax), red fox (Vulpes wipes), gray squirrel (Sciurus carolinensis), and eastem cottontail (Sylvilagus floridanus). Other species that may use the Halls Creek floodplain as a travel corridor include white-tailed deer (Odocoileus virginianus). No terrestrial reptiles were observed within the project study area. Species expected to occur within the project study area include eastem box turtle (Terrapene Carolina), eastem garter snake (Thamnophis sirtalis), ringneck snake (Diadophis punctatus), and rat snake (Elaphe obsoleta). 10 No terrestrial amphibians were observed within the project study area. Species expected to occur within the project study area include such species as Fowler's toad (Bufo woodhouseii fowleri) and spring peeper (Pseudacris crucifer). D.3. Aquatic Communities The aquatic habitat located within the project study area includes Halls Creek and its side channels. Limited kick-netting, seining, dip-netting, electrofishing and visual observation of stream banks and channel within the project study area were conducted in Halls Creek to document the resident aquatic wildlife populations. Fish species documented in the segment of Halls Creek within the project study area are pumpkinseed (Lepomis gibbosus), bluegill (Lepomis macrochirus), and eastern mosquitofish (Gambusia holbrooki). Coastal streams are often used by anadromous fish species such as striped bass (Morone saxatillis) and shad (Alosa spp. and Dorosoma spp.). Anadromous fish may occur in Halls Creek. Menhinick (1991) documents the occurrence of Atlantic menhaden (Brevoortia tyrannus) in the waterways adjacent to Halls Creek. No aquatic reptiles were observed within the project study area. Species expected to occur within the project study area include northern water snake (Nerodia sipedon), cottonmouth (Agkistrodon piscivorus), and common snapping turtle (Chelydra serpentina). Aquatic amphibians observed within the project study area were limited to bullfrog (Rana catesbeiana). Other spedes expected to occur within the project study area include green frog (Rana clamitans meianota) and southern leopard frog (Rana utricularia). Aquatic invertebrate surveys included kick-net surveys, limited bottom sampling, and walking all streambanks in the project study area to locate freshwater mussel middens. Visual observation of the streambanks of Halls Creek revealed no evidence of freshwater mussels.- IGck-net surveys and limited bottom sampling conducted within the channel of Halls Creek produced various aquatic macroinvertebrates. Benthic invertebrate organisms collected within Halls Creek were identified to at least Order, and Family if possible, and indude dragonflies (Odonota:Lestidae), midges (Diptera:Chironomidae), water beetles (Hemiptera:Corixidae), clams (Pelecypoda), sow bugs (Isopoda), and scuds (Amphipoda). Identifications are based on McCafferty (1998). D.4. Anticipated Impacts to Biotic Communities D.4.a. Terrestrial Communities Impacts Potential impacts to plant communities are estimated based on the approximate area of each plant community present within the proposed right-of-way and temporary construction limits. No impacts to plant communities are anticipated because the existing right-of--way will not increase in size. The land currently within the existing right-of-way has been designated as maintained/disturbed land, and no impacts to natural plant communities are anticipated as a result of this project. Due to the lack of infringement on natural plant communities, the proposed bridge replacement will not 11 result in substantial loss or displacement of known terrestrial animal populations. Wildlife movement corridors are not expected to be substantially impacted by the proposed project. D.4.b. Aquatic Communities Impacts The proposed bridge replacement will not result in substantial loss or displacement of known aquatic wildlife populations. Potential down-stream impacts to aquatic habitat will be avoided by bridging Halls Creek to maintain regular flow and stream integrity. In addition, temporary impacts to downstream habitat from increased sediment during construction are expected to be reduced by limiting in-stream work to an absolute minimum, except for the removal of the portion of the sub-structure below the water. BMP-BDR will be followed to minimize impacts due fo anticipated bridge demolition. E. SPECIAL TOPICS E.1. Waters of the United States Surface waters within the embankments of Halls Creek are subject to jurisdictional consideration under Section 404 of the Clean Water Act as "waters of the United States" (33 CFR 328.3). Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion (12.5 percent) of the growing season (DOA 1987). Pursuant to Cowardin et al. (1979) the majority of the jurisdictional wetlands associated with Halls Creek are palustrine, deciduous forested wetlands that are semi-permanently flooded (PFO6F). A small area of jurisdictional wetlands is present within the existing right-of-way east of Halls Creek. These areas are part of the cypress/gum swamp (PF06F), but have been impacted by maintenance within the existing right-of--way and are now palustrine, persistent emergent wetlands (PEM1 C). The waters in Halls Creek within the project study area exhibit characteristics of riverine, lower perennial, unconsolidated bottom, permanently flooded waters (R2UBH) (Cowardin et a1.1979). Halls Creek is a jurisdictional surface water. E.2. Potential Impacts to Waters of the United States Temporary and permanent impacts to wetlands and surface waters are estimated based on the amount of each jurisdictional area within the proposed construction easement limits. Estimated wetland and surface water impacts are provided in Table 2. Impacts are restricted to 0.11 acre (0.04 ha) of surface water along approximately 60 linear ft (18 m) of channel and 0.017 acre (0.01 ha) of wetlands that are within the existing right-of-way. This emergent wetland is contiguous to the adjacent cypress-gum swamp. No portion of the cypress-gum swamp should be impacted by this proposed project. Table 2 Potential Impacts to Jurisdictional Wetlands and Surface Waters JURISDICTIONAL AREAS Alternate A R2UBH (Surface Waters) PEM 1 C etland 0.11 ac (0.04 ha) 0.017 ac 0.01 ha Total Areas: 0.13 ac 0.05 ha Stream Channel Impacts (Halls Creek) 60 ft (18 m) 12 E.3. Permits Section 404 of the Clean Water Act - In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit is required from the USACE for projects of this type for the discharge of dredged or fill material into "Waters of the United States". The USACE issues two-types of permits for these activities. A general permit may be issued on a nationwide or regional basis for a category or categories of activities when: those activities are substantially similar in nature and cause only a minimal individual or cumulative environmental impacts, or when the general permit would result in avoiding unnecessary duplication or regulatory control exercised by another Federal, state, or local agency provided that the environmental consequences of the action are individually and cumulatively minimal. If a general permit is not appropriate for a particular activity, then an individual permit must be utilized. Individual permits are authorized on a case-by-case evaluation of a specific project involving the proposed discharges. It is anticipated that this project will fall under Nationwide Permit 23, which is a type of general permit. Nationwide Permit 23 is relevant to approved Categorical Exclusions. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency and that the activity is "categorically excluded" from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a signficant effect on the environment. Activities authorized under nationwide permits must satisfy all terms and conditions of the particular permit. However, final permit decisions are left to the discretionary authority of the USACE. Section 401 Water Quality Certification - A 401 Water Quality Certification, administered through the DWQ, will also be required. This certfication is issued for any activity which may result in a discharge into waters for which a federal permit is required. According to the DWQ, one condition of the permit is that the appropriate sediment and erosion control practices must be utilized to prevent exceedances of the appropriate turbidity water quality standard. E.4. Mitigation Evaluation Avoidance -The project's purpose necessitates traversing the overFlow; therefore totally avoiding surface water impacts is impossible. The proposed alternative involves replacing the bridge "in-place" and utilizing an off-site detour. This will prevent any temporary impacts associated with on-site detours. Minimization -Impacts will be minimized by replacing the structure in its existing location and maintaining traffic with an off-site detour. This replacement method. will require the smallest relative construction footprint. However, utilization of BMPs is recommended in an effort to minimize impacts, including avoiding placing staging areas within wetlands. Mitigation -Compensatory mitigation is not expected for this project due to the limited nature of project impacts. Temporary impacts associated with the construction activities could be mitigated by replanting disturbed areas with native species and removal of any temporary fill material within the floodplain upon project completion. 13 F. Rare and Protected Species F.1. Federally Protected Species Species with the federal classification of Endangered (E), Threatened (1'), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.1531 et seq.). The following federal protected species are listed for Pasquotank County (USFWS list dated May 31, 2002): Table 3 Federally Protected Species for Pasquotank County, NC Common Name Scientific Name Status Biolo ical Conclusion Bald eagle Haliaeetus leucocephalus T No Effect T -Threatened "a species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range". Bald eagle -The bald eagle is a large raptor with a wingspan greater than 6 ft (1.8 m). Adult bald eagles are dark brown with white head and tail. Immature eagles are brown with whitish mottling on their tail, belly, and wing linings. Bald eagles typically feed on fish but may also take birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et a1.1980}. Baid eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). Preventing disturbance activities within a primary zone extending 750 to 1500 ft (229 to 457 m) to outward from a nest tree is considered critical for maintaining acceptable conditions for eagles (USFWS 1987). BIOLOGICAL CONCLUSION: No Effect No bald eagles or nest trees were observed during the field investigation; however, bald eagles could potentially utilize the area for food. An updated NHP records search was performed on December 20, 2001, April 12, 2002 and December 10, 2002. There are no records of bald eagles occurring within 1.0 mile (1.6 km) of the project study area. Construction of this project will not have an impact on the bald eagle. F.2. Federal Species of Concern The May 31, 2002 FWS list also includes a category of species designated as "Federal species of concern" (FSC). The FSC designation provides no federal protection under the ESA for the species listed. No FSC are listed for Pasquotank County. F.3. State Protected Species Plant and animal species which are on the North Carolina state List as Endangered (E), Threatened (T), or Special Concern (SC), receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202 et seq.). No impacts to state listed species should result from this proposed project. 14 VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. This project has been coordinated with the North Carolina State Historic Preservation Officer (SHPO) in accordance with the Advisory Council's regulations and FHWA procedures. B. Historic Architecture A Historical Architectural Resources Survey report was completed to identify all historic resources located within the Area of Potential Effects (APE) for the project. This survey was conducted: 1) to determine the APE, which is defined as the geographic area within which the project may cause changes to the character or use of historic properties; 2) to identify all significant resources within the APE; and 3) to evaluate any identified resources according to National Register of Historic Places criteria. This study included background research and a field survey that was conducted in July 2001. Every property at least fifty years of .age was photographed, mapped, and evaluated. One property, Halls Creek United Methodist Church (ca. 1827) was identfied within the APE and evaluated. This antebellum church has been significantly altered in recent decades and is therefore not recommended as eligible of the National Register. The State Historic Preservation Office reviewed the report and concurred (see memorandum in Appendix dated November 7, 2001) that the Halls Creek United Methodist Church is not eligible for listing in the National Register of Historic Places due to character altering changes since the 1950's. C. Archaeology In their February 25, 2003 memorandum the SHPO stated "Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for listing in the .National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project" A copy of the SHPO memorandum is included in the Appendix. VII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of the inadequate bridge will result in safer traffic operations. The project is considered a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. Replacement of Bridge No. 24 will not have an adverse effect on the quality of the human or natural environment .with the use of the current North Carolina Department of Transportation standards and specifications. 15 The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No adverse impact on families or communities is anticipated. Right-of--way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) a review was conducted to determine whether minority of low- income populations were receiving disproportionately high and adverse human health and environmental impacts as a result of this project. The investigation determined the project would not disproportionately impact any minority orlow-income populations. The studied route does not contain any bicycle accommodations, nor is it a designated bicycle route; therefore, no bicycle accommodations have been included as part of this project. This project has been coordinated with the United States Department of Agriculture, Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland for all land acquisition and construction projects. The project involves replacing the bridge in its existing location. No impacts to prime or locally important farmland are anticipated. ~, No publicly owned parks or recreational facilities, wildlife and waterfowl refuges, or historic sites of national, state or local significance in the immediate vicinity of the project will be impacted. The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. No adverse effects to air quality are expected to result from this project. This project is an air quality "neutral° project, so it is not required to be included in the regional emissions analysis (if applicable), and a project level CO analysis is not required. Since the project is located in an attainment area, 40 CFR Part 51 is not applicable. If vegetation or wood debris is disposed of by open burning, it shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520 and 1990 Clean Air Act Amendments and the National Environmental Policy Act. This evaluation completes the assessment requirements for air quality, and no additional reports are required. Ambient noise levels may increase during the construction of this project; however this increase will be only temporary and usually confined to daylight hours. There should be no notable change in traffic volumes after this project is complete. Therefore, this project will have no adverse effect on existing noise levels. Noise receptors in the project area will not be impacted by this project. This evaluation completes the assessment requirements for highway noise set forth in 23 CFR Part 772. No additional reports are required. 16 An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks (UST) or hazardous waste sites in the project area. No adverse effect on the overall public is expected. There will be some inconvenience to local travel due to the closure of SR 1140. Pasquotank County Emergency Services Department indicates that Phis project wilt not significantly impact their response time. Pasquotank County is a participant in the National Flood Insurance Regular Program. The project is not located in a Detailed Study Area, but is located within a Zone A floodplain. The approximate 100-year floodplain in the project area is shown in Figure 6. There are no practical altematives to crossing the floodplain area. The replacement structure is proposed as an in-kind replacement. The proposed projec# is not anticipated to increase the upstream limits of the 100-year flood plain thereby minimizing impacts. Geotechnical borings for the bridge foundation will be necessary. There is a U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge. The marker number, date, and elevation are 33 MEA,1976, and 5 ft (1.5 m), respectively. Relocation of this marker will be required prior to removal of the existing bridge. Based on the above discussion, it is concluded that no substantial adverse environmental impacts will result from the replacement of Bridge No. 24. VIII. PUBLIC INVOLVEMENT A Citizens Informational Workshop was held on December 5, 2001, at the Nixonton Volunteer Fire Department to present the studied altematives and to seek public comments. Attematives A & B were presented. Eleven people attended the workshop including a representative from Pasquotank County. Local officials and citizens indicated that Alternative A was the locally preferred alternative for replacing the existing bridge. A letter dated January 7, 2002 written on behalf of the Pasquotank County Board of Commissioners by the County Manager states: "it is in the best interest of the citizens of our area and the State of North Carolina to pursue the least expensive option which will also eliminate the need to take any homes in the area. Although this option will close the road for a period of time, the Board of Commissioners believes that this will have a minimal disruption for the area " A copy of this letter is provided in the Appendix of this report. IX. AGENCY COMMENTS Agency comments are summarized below. Letters from the commenting agencies are included in the appendix. 17 National Marine Fisheries Services (NMFS): If detours are required during bridge construction to maintain traffic flow, off-site detours are preferable because they avoid and minimize impacts to wetlands. Response: The preferred alternative utilizes an off-site detour to maintain traffic. North Carolina Wildlife Resources Commission (NCWRC): Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from February 15 to June 15. Response: An in-water work moratorium between February 15 to June 15 to protect fish spawning will be observed and the "Stream Crossing Guidelines for Anadromous Fish Passage" will be followed to the maximum extent possible. 18 X. REFERENCES Center for Geographic Information and Analysis (CGIA). 2001. BasinPro Software. North Carolina Center for Geographic Information and Analysis. Raleigh, NC. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y- 87-1. US Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 pp. Department of Environment and Natural Resources (DENR). 2001a. Water Quality Stream Classifications. Downloaded on 29 May 2001 from http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodiesmydro/Pasquotank.pdf DENR. 2001b. Active NPDES Permits. http://h2o.enr.state.nc.us/NPDES/documents/permits.xls Division of Water Quality (DWQ). 1996. Basinwide Assessment Report Support Document: Chowan and Pasquotank River Basins. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 198 pp. DWQ. 1.997. Pasquotank River Basinwide Water Quality Management Plan. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. LeGrand, H.E., Jr., and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. 91 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. McCafferty, W.D. 1998. Aquatic Entomology The Fishermen's and Ecologists' Illustrated Guide to Insects and There Relatives. Jones & Bartlett Publishing, Sudbury Massachusetts. 404pp. Menhinick, E.F. 1991. The .Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. Natural Resource Conservation Service (NRCS). 2001 Personal communication with Pasquotank County NRCS office. National Marine Fisheries Service. (NMFS). 1999. Essential Fish Habitat Consultation Guidance. 62 pp. 19 Palmer,. W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC. 412 pp. Potter, E.F., J.F. Pamell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. Radford, A. E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of The Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1168 pp. Rohde, F.C., R.G Amdt, D.G. Lindquist, and J.F. Pamell. 1994. Freshwater Fishes of the Carolinas, Urginia, Maryland, and Delaware. The University of NC Press, Chapel Hill, NC. 222 pp. Rosgen, D. 1996. Applied River Geomorphology. Wildland Hydrology, Inc., Pagosa Springs, CO. 365 pp: Schafate, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh. 325 pp. U.S. Fish and Wildlife Service (USFWS). 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Department of the Interior, Fish and Wildlife Service. 8 pp. U.S. Geological Survey (USGS). 1974. Hydrologic Units Map, State of North Carolina. USGS. 1982. Nixonton, NC 7.5-minute series topographic map Weakley, A. S. 1993. Guide to the Flora of the Carolinas and Virginia. Working Draft of November 1993. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment, Health, and Natural Resources. 575 pp. Webster, W.D., J.F. Pamell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. 20 X. REFERENCES Center for Geographic Information and Analysis (CGIA). 2001. BasinPro Software. North Carolina Center for Geographic Information and Analysis. Raleigh, NC. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWSlOBS-79!31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y- 87-1. US Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 pp. Department of Environment and Natural Resources (DENR). 2001a. Water Quality Stream Classifications... Downloaded on 29 May 2001 from http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/hydro/Pasquotank.pdf DENR. 2001b. Active NPDES Permits. http://tt2o.enr.state.nc.usMPDES/documents/permits.xls Division of Water Quality (DWQ). 1996. Basinwide Assessment Report Support Document: Chowan and Pasquotank River Basins. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 198 pp. DWQ. 1997. Pasquotank River Basinwide Water Quality Management Plan. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. Hamel, P.6.1992: Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. LeGrand, H.E., Jr., and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. 91 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. McCafferty, W.D. 1998. Aquatic Entomology The Fishermen's and Ecologists' Illustrated Guide to Insects and There Relatives. Jones & Bartlett Publishing, Sudbury Massachusetts. 404pp. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. Natural Resource Conservation Service (NRCS). 2001 Personal communication with Pasquotank County NRCS office. National Marine Fisheries Service. (NMFS). 1999. Essential Fish Habitat Consultation Guidance. 62 pp. 19 1 ~ / ~•4 ~ , . _ ~ 1 X1217 '~ 1139 f \' ~~ 1/ 6 1237 -~-~ 1132 ~ ~~ .t .~ ~ 9 10 \'~ 1136 ~ o~11s9 ~ ~,/ ° 1140 ~v - ~ - ~ ~ B-4222 ^. w .~ J~ ~ ~ »•~ 1182 ,_ } Nixonton A.,. 1 22 1121 t ~ 1 •a / ~'~', ' 1100 _ °D ~~~~ > z w ` ~ ~ ;, ~' o w i,l ~ ~ v~ • %~'' ~.` ~ ~ ~ ~ 1118 PROJECT LOCATION PASOUOTANK COUNTY SCALE IN MILES 1 0 1 FIGURE I 1llorth Carolina Department of AREA LOCATION MAP Transportation BRIDGE N0. 24 Division of Highways O N S R 1 14 0 Project Development ~' Environmental •' Analysis Branch OVER HALLS CREEK PASOUOTANK COUNTY. NORTH CAROLINA TIP PROJECT B-4222 ON SR 1140 LOOKING EAST AT BRIDGE N0.24 iXy~~t~>. ~~~ imp i t ~~ .n.~ 44 { ~ 0. V . i~J ~4 ~ ,1b - ; ' a" ~JF ~•, ~ ~ '~ i~ ~~~ Q' ~fi 8 .4 e Z V. ', ~t t s' y~ ~ ~ ~ ~" ~ ~. r r ~ : } ' ~ i h"y Y'L!~ ~ .~ / r • ... y. ~ ' f. . ~ . (~.e~ P ' {.~irJ^ q"M ~'~ ~ . ~ p~J~s ~ R i Y ~ $y ~ I : ~ ~'t~. s ~ ~ . , ~, ~ .f a. .~ ~ t! 1 n. ~ j} [[ ,,!! `{ W 6:~~ .. -~ ~ ~~~ h ~x i - ~ Y i l ~ ~ ~ i. ~ 1~ } ,~ ~ =-~ a .... i : ON SOUTH SIDE OF SR 1140 LOOKING WEST B-4222 PASQUOTANK COUNTY FIGURE 2 REPLACE BRIDGE N0.24 ON SR 1140 OVER HALLS CREEK PROJECT PHOTOGRAPHS LOOKING NORTH AT BRIDGE NO.24 ON BRIDGE NO.24 LOOKING NORTH B-4222 PASQUOTANK COUNTY FIGURE 3 REPLACE BRIDGE N0.24 ON SR 1140 OVER HALLS CREEK PROJECT PHOTOGRAPHS ~ ~ ~, ~ ~ 11 ~ ~. ~ ~ ~ ~... ~~ ~:~ ~~ :~ ~ ~ ~M ~ ~ ~~~ ~~~ jj ~ ~ R ~ tR { J # { ~ tR ~ k iN N ar d ~,~~' ~ ~ aas as tar """1 ~ ~q ,..,.i t~ as tai i"~-~ _ ~ N ~ a+ taa n ~ x ~ ~, ~ .°~..~ ,,,` 4 ~~~..~ ~~~c~a~ ~~~~~ ~~~~~ ~~~~~ ~. ~, ~ M ~ t Lyiy~^tLQ~ 1 ~~`~ ~~ ~' "^° ~Ms+~r.~b a r~~~~`~ ! #~~ ~~~ ~ ~~_-~ ~~ ~ ~~ ~ ~ iEi } ~~ g~ .~ ~~ ,L ~ { ~~ 1~ ~ ~~ ~ _~- , ~.. ~_ s~~,~N~ ~~~- ~~~~1 ~~~ is ~ 4 ~,ooti ~`~ 0~ o~P ~, ° ~ '.«-.w ~ ~ ~~. ~,~ ~ ~" ~ ai tat a a ~ ~" ~~~ .~,... ~taa [ MIA ~~~,~_,~ ~ iii , Yr~ x iB . ~ I ~~ r----~-.., 1 I'~.~ ~ ~ ~ ~ I I I IJ ~~ >~ ~ ~~ }~ -~ ~ ~ ~~~ ~~ 1~ ~j !~ /~ 35 r!r~ '~7 ~' m ~~ to +ir.r- ~~ ~~~~ ~~ ~ ~~ ~ ~ ~ ~~~~~ ". ~! E~ _ _~_ ~,Ei~ t ~~ i 944 ~~ ~N4 ; r ` l 1 tta ~ j" ' ~': a / ~ F ~ ~~ ~ '.., ~, . t t ~ t7 ~S }rM+4.w .. / , ~Y tp .~" Cra~rlina ,~EpQrtsnfit t~, f Trat~~~cxrutn ~k~rsirrn raf 1~igh~uays ,~ ~'rvject al~~t~t~t~t ~'~rar~r~ta .~r~~sts ,~rat~~i It ` '" v,,, ,,,. . _ / ~,~ ~~ ~a €- S t,7 C,d 3~ ~-SIT }~T1R QU ARID I ~ ~~ ~ ~~ ~~~R CIA, C~K is~r4 .~.r^ tip, .t t~ 1 .~ 1 1 c PROJcCt .bCATiON~ F t 1ltorth Carolina I?epartment of ,~ ,, Transponatcon ~' ~ ~?ivision of highways ~. ,~ Project IJevetcrpment ~' Envaronmental `~~;~ ~"f' Analysis Branch ~- IGURE 6 100-YEAR FLOOD PLAIN BRIC~OE N0. 24 ON SR (140 OVER HALLS CREEK F'AQU'OTANK GOIJNTY, NOR e M CAf;OL~NA T!P PROJECT 8-4222 SCALE IN MILES 1 0 APPENDIX !j!~J United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Feld Office Post Office Box 33726 ` ~ Raleigh. North Carolina 27636-3726 ~ p August 10, 2001 Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center 2aleigh, ?ETC 27699-1548 Dear Mr. Gilmore: ''IS..~ 1 ~ ~.. f I J 1 1f/'~) a uc ; ~ 2ao~ DiVIS".~`N OF Nl~• M1AYS ~ DgyELOP~~c S, Thank you for your June 21, 2001 request for information from the U.S. Fish and Wildlife • Service (Service) on the potential environmental impacts of proposed bridge replacements in Hyde and Pasquotank Counties, North Carolina. This. report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to replace the following bridge structures: 1. B-3858 Bridge No. 6 on SR 1110 over Canal; and, 2. B-4222 Bridge No. 24 on SR 1140 over Halls Creek. The following recommendations are provided to assist you in your planning process and to facilitate a thorough and timely review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regazd to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed azeas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill azeas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. The National Wetlands Inventory (NWI) maps of the Middletown and Nixonton 7.5 Minute Quadrangles show wetland resources in the specific work areas. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. Therefore, in addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action. 1. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory. Wetland boundaries should be determined by using the 1987 Corps of Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps). 2. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Proj ect planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The document presents a number of scenarios for replacing each bridge, ranging from in-place to relocation, with on-site and off-site detours. The Service recommends that each bridge be replaced on the existing alignment with anoff--site detour. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that aze known to occur in Hyde and Pasquotank Counties. The Service recommends that habitat requirements for the listed species be compazed with the available habitats at the respective project sites. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be performed. Environmental documentation that includes survey methodologies, results, and NCDOT's recommendations based on those results, should be provided to this office for review and comment. FSC's aze those plant and animal species for which the Service remains concerned, but further biological research and field study aze needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. . ~ The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regazding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, r. Garland B. Pardue Ecological Services Supervisor Enclosures cc: COE, Washington, NC (Michael F. Bell) NCDWQ, Raleigh, NC (John Hennessey) NCDNR, Creedmoor, NC (David Cox) FWS/R4:T1VIcCartney:TM:08/10101:919/856-4520 extension 32:~2bdghyde.pas a~~~ ose~y ~ '9r ~~ S~e +`' ir•IT[S ~ f - UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Habitat Conservation Division 101 Pivers Island Road rCQJ\ ~ a V~ ~~L William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Attention: Ms. TheresaAttention: Ms. Theresa Ellerb~Project Development Engineer Dear Mr. Gilmore, ~~~ vEo JUL 1 ~ 2001 0 a A1Vi6K~'~~ 4~ Hl04~Y5 ~~?~ ro::v o4~s`5 'Nral.~i~P`- This responds to your June 21, 2001, request for the National Marine Fisheries Service's '(NMFS) input on the proposed replacement of Bridges Nos. 6 (B-3858)and 24 (B-4222) by the North Carolina Department of Transportation (NCDOT) in Hyde and Pasquotank Counties, North Carolina. Bridge No. 6 cross a canal that flows into Wysocking Bay a tributary of the Pamlico Sound and Bridge No 24 crosses the Little Rivera tributary of the Albemarle Sound. These waters and wetlands provide habitat for anadromous fishery resources for which the NMFS is responsible. The NMFS recognizes the NCDOT's efforts to minimize losses of wetland and avoid impediments to upstream migration of anadromous fishes by replacing bridges with bridges. We also note the commitment to a seasonal restriction on work in waters that provide anadromous fish spawning and nursery habitat. Generally the spawning and nursery season for anadromous fishes in North Carolina's coastal river is between February 1 and March 31. For specific information on anadromous fish spawning and nursery sites within the project areas and appropriate seasonal restrictions, we recommend coordination with the North Carolina Division of Marine Fisheries and/or the Wildlife Resources Commission. If detours are required during bridge construction to maintain traffic flow, off-site detours are preferable because they avoids and minimizes impacts to wetlands. If onsite detour are necessary, we recommend the use of a temporary bridge rather than temporary fill in wetlands. Our recent experience with temporary fills for construction access, indicates that subsidence of wetlands is likely, making onsite restoration of impacted wetlands difficult. If unavoidable losses of wetland are identified in the Categorical Exclusion for these projects, appropriate mitigation should be considered as a part of the project plans. In addition, demolition of the existing bridges, should follow the Bridge Demolition Guidelines developed by the NCDOT in cooperatively with the Corps of Engineers and the State and Federal resource agencies. Finally, these comments do not satisfy federal action agencies consultation responsibilities under Section 7 ofthe Endangered Species Act of 1973, as amended. If any activity(ies) "may effect" listed ~~ ~~~ } Printed on Rec~cied Piper L ~M~wEwrOi Beaufort, North Carolina 28516 July 11, 2001 1 +._-. species and habitats under NMFS purview, consultation should be initiated with the NMFS, Protected Resources Division at 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432. Please direct related comments or questions to the attention of the Beaufort Facility which can be reached at 101 Pivers Island Rd, Beaufort, North Carolina 28516, or at (252) 728-5090. Sincerely, Ron Sechler Fishery Biologist Beaufort Facility cc: FWS, Raleigh, NC EPA, ATLA, GA NCDMF NCWRC F/SER4 F/SER45 .i ® ~ ~ ~,.~-L~ ~aroiin~, ~riifi~~~ I~..~s~ul-ces Commission Charles R Fullwood, Executive Director TO: Derrick Weaver Project Development Engineer, NCDOT FROM: David Cox, Highway Project Coortor Habitat Conservation Program { ' j ~`~ % rM `_ DATE: March 18, 2002 ~Jr~~ G~7} SUBJECT: NCDOT Bridge Replacements in Hyde, Nash, Pasquotank, and Wayne counties of North Cazolina. TIP Nos. B-3858, B-3681, B-4222, and B-4320. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; l6 U.S.C. 661-667d). On bridge replacement projects of this scope our standazd recommendations are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require v: crk w thin the su °.am and do n:,t require stream chaanel realignme;;t. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed azeas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain r Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 _/ Bridge Memo 2 March 18, 2002 saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species maybe required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that aze used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. 11. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 13. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation. in flowing water. 14. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 16. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. If corrugated metal pipe azches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This could be Bridge Memo 3 March 18, 2002 accomplished by constructing a low sill on the upstream end of the other cells that will divert low flows to another cell. This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, notched baffles should be placed in reinforced concrete box culverts at 15 foot intervals to allow for the collection of sediments in the culvert, to reduce flow velocities, and to provide resting places for fish and other aquatic organisms moving through the structure. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sedir:ient deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-yeaz floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site maybe used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3858 -Hyde County -Bridge No. 6 on SR 1110 over Lake Landing Canal (Grays Ditch). Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from February 15 to June 15. We are not aware of any threatened of endangered species in the project vicinity. Standazd comments apply. 2. B-3681- Nash County -Bridge No. 277 on SR 1555 over CSX Railroad. No Comment. 3. B-4222 - Pasquotank County -Bridge No. 24 on SR 1140 over Halls Creek. Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratonum from February 15 to June 15. We are not awaze of any threatened of endangered species in the project vicinity. Standard comments apply. 4. B-4320 -Wayne County -Bridge No. 24 on NC 403 over the Northeast Cape Feaz River. Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from February 15 to June 15. We aze not aware of any threatened of endangered species in the project vicinity. Standazd comments apply. We request that NCDOT routinely minimise adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain 1 Bridge Memo 4 March 18, 2002 sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regazding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. 1 / V ~'~ ,~,+..~. w.. North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary November 7, 2001 MEMORANDUM Division of Archives and History Jeffrey J. Crow, Director To: WiIIiam D. Grlmore, Manager PEDAINCDOT n From David Brook ~~~' ~ ~ -,~, f ~; ._~~~~' Re: Historic Architectural Resources Survey Report, Replace Bridge #24 over Halls Creek, B-4222, Pasquotank County, ER02-7978 We aze in receipt of the above referenced report from Mary Pope Farr. The report meets our guidelines .and those of the Secretary of the Interior. Having reviewed the report, we concur that the Halls Creek United Methodist Church is not eligible for listing in the National Register of Historic Places due to character altering changes since the 1950s. The above co*n*nP++ts are offered is accordance with Section 106 of the National Historic i reservation Act and the regulations of the Advisory Couna~ on Historic Preservation at 36 ~R 800. If you leave nay questions concerning this matter, please contact Renee Gledhrll- F.arley at 919/733-4763. Thank you. cc: Mary Pope Fury Location Mailing Address Tekp6oneJFaz Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699.4617 (919) 733-4763.733-8653 Restoration 515 N. Bbunt St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547.715-4801 Survey & Planning S 15 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (919) 733-4763.715-4801 u i North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisheth C. Evans, Secretary Jeffrey J. Crow, Depury Secretary Division of Historical Resources David J. Olson, Director February 25, 2003 1tifEI~iORANDL~i TO: Greg Thorpe, Manager Project Development and Environmental Analysis Branch Division of Highways FRONT: David Brook~~ SUBJECT: Bridge No.24 on SR 1140 over Halls Creek, B-4222, Pasquotank County, ER O1- 10078 This letter is is response to a telephone call received on February 21, 2003 requesting clarification regazding the status of this project. There aze ao known sites within the proposed project azea. Based oa our present knowledge of the area, it is unlikely that any azchaeological resources which may be eligible for listing in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no azchaeological investigation be conducted in connection with this project. Thank you for your cooperation and consideration. If you have questions coaceruiag the above comments, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733- 4763. In all future communication concerning this project, please cite the above referenced tracking number. DB:bjs cc: Teresa Ellerby www.hpo.dcr.state.nc.us Location Mailing Address TelephoneJFaz AD~~iLSTR~TION 507 N. Blount St, Raleigh NC 4617 Mail Service Center. Raleigh NC 37699617 (919) 733-1763 •733-8653 RESTORATION 515 fit. Blount St., Ralei~lt NC 4613 Mail Service Center. Raleislt NC 27699-4613 SURVEY & PL~4Y~iING 515 N. Blount St.. Ralph vc . - u~ Q ,.~,:, ~_...:.... ,-~___ ., _.. ..... _____ . _. _ (919) 733=6547 •71_-180! "-' ~ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Wdliaal G. Ross Jr., Secretary Donna D. Moffitt, Director . July 26, 2001 Mr. Wiiliam D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch State of North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: Request for Environmental Input for B-3858 and B-4222 Dear Mr. Gilmore, ~~ ~ NCDENR ~~~v ~ ~ ~~ 2~~\ z ~~ ~ Q v~ ~ J ~~~~ ~~2 A ~~ OQ~~ `4'l~R~JFCT DEV~a~ I have reviewed the Department of Transportation's (DOT's) written request for comments dated 6/21/01 and visited the site for the projects referenced above. The proposed replacement of Bridge No. 24 on SR 1140 over Hall's Creek in Pasquotank County, B-4222, would be crossing and impacting Coastal Management Areas of Environmental Concern of Public Trust Waters and Coastal Shoreline. The only alternative presented is to replace the existing bridge with another bridge on the current alignment, with off site detour. A CAMA General Permit would cover the impacts associated «•ith this project provided no significant expansion occurs. Specific conditions of CAMA General Permit 7H .2300 state that the total area of public trust area, estuarine waters, and wetlands to be excavated or filled shall not exceed 2500 square feet except that the wetland component shall not exceed 500 square feet. The proposed replacement of Bridge No. 6 on SR 1110 over the canal in Hyde County, B-3858, would be crossing and impacting Coastal Management Areas of Environmental Concern of Public Trust Waters and Coastal Shoreline. The alternatives presented were; replacing the bridge on the existing alignment with an on site detour, and replacing the bridge to the south and using the existing bridge during construction. Both alternatives would require a CAMA Major Permit. During the permitting process, we may have additional comments on the project's environmental impacts, and may place conditions on the permit to minimize any environmental impacts. The information provided in this letter shall not preclude us from requesting additional information throughout the permitting process, and following normal permitting procedures. Please contact me at (252) 808-2808 or via a-mail at bill.arrinston(a~ncmail.net if you have any questions or concerns. Sincerely, Bill Arringto DOT Project Field Representative Morehead City District \ 151-B Hwy. 24, Hestron Plaza II Morehead City, North Carolina 2857 Phone: 252-808-2808 \ FA_X: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us A,~I EQUAL OPPORTUNTt'Y \ AFrIR\1.aTIVE AC770N EMPLOYER - SO°.e RECYCLED / 10°.~o POST CONSUMER P.aPER '~~ ~ \ 1' COMMISSIONERS w o~4~t tosr~ N ~ ~~ t 2 m ~ ~~RO~ COUNTY MANAGER Randy Keaton Matt Wood, Chairan Samud S. Davis, III, Vice-Chairman W.C. Witherspoon Horxe G Pzitcha:d, SL lloyd E. GrifSn, III John W. Kitchen, Sr. B>71 Taxblood COUNTY OF PASQUOTANB Post Office Bog 39 Elizabeth City, North Cazolina 27907-0039 (252)335-0865 Fag (252)335-0866 Januazy 7, 2002 Mr. Derrick Weaver, P.E. Project Development & Environmental Analysis Branch North Cazolina Department of Transportation 1548 Mail Service Center Raleigh, North Cazolina 27699-1548 Deaz Mr. Weaver: COUNTY ATTORNEY Bttnda Bland White CLERK TO THE BOARD Karrn]ennings I am writing on behalf of the Pasquotank County Board of Commissioners to express their support for Option A for the Hall's Creek Bridge Replacement Project. The Board of Commissioners believes that it is in the best interest of the citizens of our azea and the State of North Cazolina to pursue the least expensive option which will also eliminate the need to take any homes in the area. Although this option will close the road for a period of time, the Board of Commissioners believes that this will have a minimal disruption for the azea. If you need any further information, please do not hesitate to contact me. sincerely yo .~'' Randy Keaton County Manager RK/ksj Pdered on Breyded Pgorr a~~~ ~~~ ~~-~. '4~.~ STATE OF NORTH CAROLINA DEPART~T OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR March 1, 2005 N. C. Dept. of Environment and Natural Resources Division of Coastal Management n @@~~ 1367 U. S. Highway 17 t1 3 ~ ~ ~~~ Elizabeth City, NC 27909 ATTENTION: Ms. Lynn Mathis NCDOT Coordinator Dear Madam: ~ ~. -~~ ~o ~O~ Y s ~L LYNDO TIPP: SECRETARY Subject: CAMA Major Development Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B-4222. The project involves the removal and replacement of Bridge Number 24 carrying SR 1140 over Halls Creek in Pasquotank County. Anew bridge approximately 104 feet long and clear width of 30 feet will be constructed to carry SR 1140 over the creek. SR 1140 will be detoured using SR 1141, SR 1144, SR 1139 and SR 1136 for a total detour length of 8.7 miles. The project is shown in the approved Categorical Exclusion and permit drawings. Water Resources The project is located within the 03010205 hydrologic unit of the Pasquotank River Basin. Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the project area and has a best usage classification of C Sw. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1596 TELEPHONE: 919-733-3141 FAX: 919-715-1501 WEBSITE: WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC e Impacts to Waters of the United States The majority of the azea surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed .land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that aze being pushed outwazd as a result of the wider approach shoulders. There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. Land Disturbing Activities Bridge No. 24, an 8 span structure, will be replaced with a bridge that only has two spans. In order to accommodate for the larger spans, a lazger (taller) girder must be used, thus raising the grade of the bridge. There will be approximately 448 cubic yards of fill placed on high ground to raise the grade approaching the new structure. Also, 51.9 cubic yards of high ground excavation is necessary to create the new roadside ditches that are being pushed outwazd.as a result of the wider approach shoulders. A timber bulkhead is located in the southwestern portion of the project area. If this bulkhead is in conflict with construction activities, it will be removed and then replaced once the project is complete. Only the portion of the bulkhead that is within the right of way and in conflict with construction activities will be removed, resulting in a maximum removaU replacement of 25'. It will be replaced at the existing location, parallel to Hall's Creek. As the northwestern bank of Hall's Creek in close proximity to a building, 6 squaze yazds of class 1 stone will be used to ensure proper stabilization. No stabilization is necessary under the bridge, as the increased length of the bridge will allow for a lower gradient leading to the abutment of the bridge. Utility Relocation Impacts Three utilities exist within the project azea. On the north, aerial power spans Hall's Creek and a water line is buried through Hall's Creek. On the south side of the project, Sprint telephone lines run underground until reaching Hall's Creek where they span aerially. All of the utilities mentioned above will be directionally bored under Hall's Creek. Bridge Demolition Bridge Number 26 is composed of a reinforced concrete deck and railings on timber joists. The bridge has 8 spans and totals 68 feet in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. As stated in "NCDOT Best Management Practices for Construction and Maintenance Activities," because a CAMA permit is required, dropping of any component of a bridge into the water will not be permitted. All components from previous bridges must be removed. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. Avoidance and Minimization The construction of this project has minimized the extent of the built-upon area by using the existing alignment for the widening. Traffic will be maintained using an off site detour. Best management practices (BMP's) will be utilized to minimize water quality impacts. No portion of the project is located in the critical area of the watershed. In compliance with 15A NCAC 02B.0104(m) we have incorporated the use of BMP's in the design of the project. Mitigation Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is understood that the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the EEP transition period ending on June 30, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to jurisdictional waters under the federal Clean Water Act will be provided by the EEP. The offsetting mitigation will derive from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.036 acre of jurisdictional will be offset by compensatory mitigation provided by the EEP program. A letter dated October 26, 2004 from the EEP accepting this mitigation is attached to this application. Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to co-exist with human activities. Federal law (under the provisions of the Endangered Species Act (ESA) of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of ESA §§7 and 9, as amended. As of January 29, 2003, the USFWS lists one federally protected species, the bald eagle (Haliaeetus leucocephalus) for Pasquotank County. Surveys were conducted by NCDOT biologists in May of 2001 and February of 2004. No populations were identified. However, as habitat exists in the project area, the biological conclusion is May Affect, Not Likely to Adversely Affect. The US Fish and Wildlife service concurred with this biological conclusion in the attached letter dated March 11, 2004. Regulatory Approvals The department has obtained a state stormwater management permit (Permit No. SW7040406) for this project. A copy of this pernut is included with this application. The department is also in receipt of an exemption of a United States Coast Guard permit, also included with this application. The NCDOT hereby requests that this project be authorized by the issuance of a Coastal Area Management Act Major Development Permit. Please debit the appropriate CAMA Major Development Permit Fee to work order number 33174.1.1. Attached to this cover letter are the completed MP forms along with the appropriate permit drawings, and certified mail "green cards" from the adjacent riparian landowner notifications. The NCDOT has also requested authorization from the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers under separate cover. If you have any questions, please contact Mr. Michael Turchy of my staff at maturchy@dot.state.nc.us or (919) 715-1468. A copy of this permit application will be posted on the DOT website at: http://www.ncdot.org/planning/pe/naturalunit/Permit.html. Sincerely, d' ~ Grego .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: W/attachment Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecome, USACE, Washington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. D. R. Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 Environmental Officer Ms. Beth Harmon, EEP W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TII' Mr. Art McMillan, P.E., Highway Design Mr. Mark Staley, Roadside Environmental Ms. Theresa Ellerby, PDEA Project Planning Engineer Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT b. City, town, Nixmm~ pity or landmark a. Landowner: c. Street address or secondary road number SR 1140 Name N. C. Department of TranSUOrtatiOn Address 1548 Mail Service Center City Ralei igl _ State NC Zip 27699-1548 Day Phone 919-733-3141 Fax 919-733-9794 b. Authorized Agent: Name Phil Harris. PE Address Same as above City State Zip Day Phone Fax c. Project name (if any) B-4222 replacement of Bridge No.24 over Hall's Creek on SR 1140 NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County:Pasauotank d. Is proposed work within city limits or planning jurisdiction? _ Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay)Hall's Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Remove existing bridge and construct new bridge in same location. An adiacent timber bulkhead may need to be replaced if it is in conflict with construction activities. ff the bulkhead is removed, a new bulkhead will be replaced parallel to Halls Creek near the existing structure. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Public Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Proposed bridge will be constructed using a "top down" construction method The roadway approaches will be upgraded to current design standards Revised 03/95 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 3' d. Soil type(s) and texture(s) of tract Dorovan: Ty_pic Medisaprists, Augusta: Aeric Ochraquults, Wahee: Aeric Ochraquults e. Vegetation on tract black gum, bald cypress, red maple, sweetgum. giant cane, blackberry, 3aponese honeysuckle, maintained residential yards. f. Man-made features now on tract bridge, residences g. What is the CAMA Land Use Plan land classification Of the site? (Consult the local land use plmz.) X Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? NCDOT k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriaUcommercial effluent, "wash down" and residential dischazges.) surface runoff o. Describe existing drinking water supply source. Private wells 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings aze preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regazding that agency's use of lazger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. Revised 03/95 Form DCM-MP-1 •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone See attached list • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $400 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A - 1 to 10) ff the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Frogram and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 'Lod This is the ~ day of , ~ s Print Name~pi ~i~ ~ • ~-vv Signature 1'~-~-Yr Landowner or thorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 s Form DCM-MP-S BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 104'-0" h. Width of proposed bridge 30'-0" i. Height of proposed bridge above wetlands 2.T 1. BRIDGES j. Will the proposed bridge affect existing water flow? Yes X No If yes, explain a. Public X Private b. Type of bridge (construction material) Concrete Cored Slab Bridge c. Water body to be crossed by bridge Hall's Creek d. Water depth at the proposed crossing at MLW or 10.7 e. Will proposed bridge replace an existing bridge? X Yes No If yes, (1) Length of existing bridge 68'-0" (2) Width of existing bridge 22' -0" (3) Navigation clearance underneath existing bridge None (4) Will all, or a part of, the existing bridge be removed? (Explain) All components of the existing bridge will be removed £ Will proposed bridge replace an existing culvert(s)? Yes X No k. Navigation clearance underneath proposed bridge 2.5 feet 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? X Yes No If yes, explain Navigation will be improved by a larger horizontal opening. The number of bents will be reduced from 7 to 1. m. Will the proposed bridge cross wetlands containing no navigable waters? Yes X No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) Revised 03/95 a Fo~rrDCM-MP-S 2. CULVERTS N/A a. Water body in which culvert is to be placed b. Number of culverts proposed c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No ff yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) £ Length of proposed culvert g. Width of proposed culvert . h. Height of the top of the proposed culvert above the MHW or NWL i. Will the proposed culvert affect existing water flow? Yes No ff yes, explain j. Will the proposed culvert affect existing navigation potential? Yes No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No If yes, (1) Length of area to be excavated (2) Width of azea to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yazds b. Will the placement of the proposed bridge or culvert require any excavation within: Coastal Wetlands SAVs X Other Wetlands If yes, (1) Length of area to be excavated 43' (2) Width of azea to be excavated 7' (3) Amount of material to be excavated in cubic yazds 22.3 cubic yards- this is the roadside ditch located in the wetland. c. Will the placement of the proposed bridge or culvert require any highground excavation? X Yes No If yes, (1) Length of azea to be excavated 100' (2) Width of area to be excavated 7' (3) Amount of material to be excavated in cubic yazds 51.9 cubic yards- this is the roadside ditch located in the upland area. d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area Unknown- contractor descrition (2) Dimensions of spoil disposal area Unknown (3) Do you claim title to the disposal area? Yes X No If no, attach a letter granting permission from the owner. Revised 03/95 Form'DCM-MP-S e. f. (4) Will the disposal area be available for future maintenance? Yes X No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes X No If yes, give dimension if different from No. 2 above. __ Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? X Yes No ff yes, (1) Length of area to be filled 40 feet (2) Width of area to be filled 7 feet (3) Purpose of fill temporary cofferdam to construct bent for new structure Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands SAVs X Other Wetlands ff yes, (1) Length of area to be filled 150' (2) Width of area to be filled 4' (3) Purpose of fill Widen shoulders to approach wider structure. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No ff yes, (1) Length of area to be filled -550' (2) Width of area to be filled --22' (3) Purpose of fill Fdl used to raise the grade of the bridge. 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No If yes, explain in detail EEP will be providing compensatory mitigation for the 0.036 acres of wetland, see attached EEP acceptance letter. b. Will the proposed project require the relocation of any existing utility lines? X Yes _ No If yes, explain in detail Power, Water, and Telephone lines will be moved. Thev all will be_xe-installed using directional boring resultin ie n no jurisdictional impacts. c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MR2 e. How will excavated or fill material be kept on site and erosion controlled? NCDOT Hieh Quality Waters Erosion Control Methods will be used f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Heave highway construction equipment g. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No ff yes, explain in detail 6 square yards of Class 1 stone will be used for stabilization on the north west bank of Hall's Creek. An existing timber bulkhead is located on the south west quadrant of the proiect. If this timber bulkhead is found to be in conflict with construction activities. this structure will be replaced in the approximate location. parallel to Hall's Creek. 1~GDo'~ A plicant or Project Name t-~---~t._., Signa 3/z~oS Date Revised 03/95 4 9r \design\64222_ds_permpsh.cign 2~ rn~ Z Z ~ Z n m~ .. rr i I In N ~ ---1 DD + + w~ ~, -~ -I 00 N V7 -1 -i D D W W ++ cn cn 00 ~r ~~ r c~ z ~o cc no N ~ n _ ~ ~ n r z ~ oDm ' I v -~ -1 o~D n orr _ Hmm 0 '? ~ D 3 s:,3 j o~ ° O ~ ~ v 3~ ~; (7 x _ o - NT I ~ • V n O s y ~ O y. r = m ~z o -r c p ~ r ~ n ~ ~ o Q v n (., ^ -y o~0 m _~ ~ ~ v ~D Nn m o~r v; ~ o g x a o z `"=107 t i N ! io io T m 4 , ~ 0 C C n,_ >D m ~~~pD~ I : • i II it II II Ily I ~ a fTl n-1 ~~vv V -A I\2 C.i~ c~ .' LnZv~~~O C rn ,~ m T' ~~~OO~"cwo I § ~O \ ~ ~ ~ i~-- Orn ~ Z~ ~O Z \\ 2 _ ~ ~ cmil m --I z r] 1 n1 rT0 m --i m N m 11 r~ C N `0 O < N r y~rt 11 II it II 11 II V1 r N ~~ Z ~~C~OW ~~ ~ ~ O ~ID ~~~O,A± ~j ~ ~ t4~ N11 y 1 N \ ~~ ti~ 0 ~~ ~ g a x ~ ~ ~° ,~ n m~ ~ ~ H ~ o &~ n o' O ~ y O ~ ~ pH 111 O b ~m ~m y y C N rnN Z ~y (n C 0 I rn rn 1 ~~~_~ ` i ~ l I I I I I 1 -- ' --_ __ -_ I I , I I ~ _-- I ___~. -- - I I I ~ I ~ ~ j r 1 ~ 2 2 I n n ti ~~ m ~_ O~rn -_ 1 ~ o ~ f(f~~n 1 n ~ / ~ -q I. `~ QI 1 ~ I / r-' zn Ix ~ I I r x I ~ ~ I I ~~ I I~ '-' I I I t~ 1 I 43 I I 1 ~. I I 1 I rn I I I ~ ~ I a~ I ~ I 1~ b3l ~ I i I T" 1 I I I ~ zOFQ I /~ I _ i \ I ~ ~ r ~~ ez ~ I \ I ~~ 0 ~ \\ ~ I I 03 I \ m W B \ \ \ `~ ~~m ro~,~ - o\ m ~~g _ p~ ~ .~~ I \ ~~ ~ ~ \ \., 1 •Y n z m m ~v ° 1 `\ I 1 zc i y N S D 1 1 1 \ n.DV Om 1 \ oj~X 1 ~ zp 1 ~- 1 ~ \ \ ~ - + \ ~~~~ ~ -a m ~.- 0~000 pn~ \ \ ~ \ ` r a nr Pn ~~V ~~ \ \' ~ ~ \ ~ ~ J al ~ i \ I \ i _ _ 1 I ~ I I` I \\/~~~ ~~ o '- ~ ~~- 2r C,J ( V\fJ .a; 2. .`~. ? \7 ~~ v Q'V m~ ^o 0 -+ a Z 0 m 0 O z D N C 70 W c~ D m --I m cn N / ~ 2 2 I ~ ~ n Aga ~~m ~'C~ ~ ~ O 5 N i I I r, I 11 \. n __ , ~ y ~, ~ J _ \ ~ ~~ I \ O i~ O 1 ~ i~ \ ~ w _,,-i____~ 1 V ~-'-~ I 1 ~ ~,, \ \ vim ~m \ NON \ ~kn ~ -a y~D ~. 1 n a Z ~, ^.~ ~ ~ In ~ n ~Q ' ^ O r ~ O m ~ ~~/ ~~O A I ~ by rO __ lO ~ m m ~ n / A N ~ N ti~~ ~/ ~ myro ~ In ~ -I ~ i-_-._ -~ .. ~ o I-rI ~\J N "/ ~ti r_ ~' .'~ ~ i 1 .. .-./ /~\ 1 __--- \ ~ I i \ -~ 1 i 1 ~~ NN/~~' 1 I/ I my m° I ~ I mn '^ O ~ 1 / I °m~ x I ~ I n ~ u, 1~ D~ ---J1 < ti rnl``~yQ ~ 1 1 l3 y ~ 3 tlfl I ~ ~ ,1, ~ ~ `" o O m; w~; mr Amps N ~ ~Qvz„ ~ rt ~9 ~ m9 ~ //I) rn / 10/2Ei 9,3 ,cq ~~ ~jlr ~~ ` '.. ' ~ i • ,,~~puuurnp ~ ' . a ~. ti~ ,~ ~ P' =~ ~ ~ ,c•.af, K :•~a N '. < ~ -`.a~' `• ~~I ~ S rv• ~ ;'p ~Q -p ~' ~tEt yn\b4'2L_ds_permpsh.agn Z ~ rn~ ~_ ~N i= o$ ~~ ~~ ~~ ~ ~c m .. rr I I N N ~~ Dn + + ~ ~ ~~ ~ ~ O O N (/1 -i ~ D D W W ++ cn cn 00 ~r ~~ c~z ~ °cc n o N ~ Cm7 - ~ ~w ~ o~~ ~, p rt m --I o~D n orr 9 o ~o 0 `° < D , ~ ;oe O 7 ~ ~ -~ 0 3~ .. ~ x = o~~„ to y ~. m N D O r -a K tl ~ O - ~Z o rt ~ o a r ~ m ; a ~ - _ ,W i "D ~ ,~ 4~ frl n ~~ ~ v D /11 m N O ~ -1r 1 ~ m n~ ~ O ~ X 7 a v .J xl~ I I I I " " N - p 10 ~ T -F ~! n c° c J1 QO #, m a «tn *+ I I'Tt 0 0 m m O ~? z m ~,. I o Z -1 m r*b m N to Dl~g -i m ~ nn ~ ~ Z D ~ ~ G p N D Z ~ o Z ~m ti~ ~~ o .~ ~ 3 ~ ~O ~ k ~ l 3 oO' O J ~ ~m p n n ~, +' u N a~ ~• O ~ a ~ '~ o '~ j o ~ p e ~ m ~~r,pD~ I Inn"uu~`, T ~~~~~~ °o ~~ m ~ ^o , ~ \I r- °m r m~ zo \t t ~N ~m 1 1 z-n ~ m ~-I~op~1 Nf pa'~II II II II II IIC I~ CyN~~C>) h Z ~I~ c0 'pptbQ~N ~~ `§t4o~OO N11 ~ ` \ \ 1 ~ 1 °~m c~ y C ~ m `~ 1 cn C 0 r I rn t~ (1 Z N ,1, I I 1 I I 1 i ~ ~ I ~- 1 I I I r 1 I 1 / ~m~ I I N 2 2 I AOy o I ~ ~ m m ~ / Q p ~ ~ ~ '+~ +j / p ` I r-x ~(n l f ~ `I I I {~~ V I I / I ~ m~ I / p I ~, ~.~ I I ~ ~1 l I I I ~ / ~ I i I ~ v3 ti I I ~ ~~ I Q i I 1 _ ~_ Z Q I 1~ 1 ~, I I -__ •p~ ~; ~ ~\ 41 I ~ U~x~ 0 / 2 1\ f ~ _ I \~ ~ \ III I 3 ~----7 \UL ~, ~' A, it a .~ W \.\ J.. ~ .\ ~\ \ W \\ \\\~` ~~ ` ~~.~ ~ ~~~ I ~ `` ~ \) 1 CIZ~A 1 ~ U zcmi~m `- ~~_. t 1 ~ ~ -:_. a~-~-r--__ _ I _ -_ _~_ 11 1\ •~ , / ~~ Z s .1 \ \ Z C ~ \ ~ `~~ my pOw oboe. ma` ~/~. \ ~ ~ ?r rn / D• \ ~ _~ l~ / I -1 ~''\ OI' 1 I _ __ - ___-__'__ \ J __ ___~ ,1 \ _ \ --~{~ - I i ~ ,~L - j~ I /(; mar/ ~ / o --~- / 1 z / O ,/ ~ a ~~ v X00 D ~N~ m +~n1 NO ~ ~ ~ ~ `I O N i`m I\ I Q1 ! _ ~I /f`. I I 1 1 (~ i ~ \ _ \ ri O \ \ ' ?-"/-----'~ 1 ;~__ ~ , ~" 11\ m y ~N-I~ 1r \\ o~np -~ m n ~ \~~ i Z F"l ~ _ r r m i 2 E.' i ~~.a.~ .c___J ? ~ ! 1 ._~ ~.• ,^~ ~' ~ ~~ I _- -- \ ~ 1 / \ ~ I 1 my m° 1 ~~ I `^ rm, m O I ~ 1 °m ~ x ~-$~-. 1 ~ I ~~\~ n y N ~.,~ I// ` -i Z ~ , ~ , a Ifs ~ O ,. ~ v ' ~ _~ ~ ~I t l ~ c ~- ~ ~ o l.!1 ;' mwy ~, (~m N ~ _ ~Z ~ a'" `Qm~„ ~ ~ h~l 9 ti ~ m° ~ ~ m „j ,.y1y~. Lp~~S ~ ~ • ~ . s miZ„ o~ ao '••a ~~',, ~ aa \1a f ~r V , ,aaaaa d\>~. '•. `J . n Z;- n.p~ 'F`` .$~C ~~'O, :l;~ :~~ ~1SQ ~ ~(' ~Z O '0.Ea ~{ ~ ~ 1 ~ SSSOGtt ~M 9S ~S~GN9SSliN4fS9SlSS~ f 9/ /.99 w o ~ _ ~ ~ ` ~ y ~ ~~ w o ~ o ~ ~~ ~ - g ~~ S ~ Wa 0 y ~ ~ ~ _~ ~ p Np NNQ ~ ~. ~ ~ . p ~ of o < -~ p m t 1.~ S ~ 0 ~ ~ R1 II II II II II II ~,' ~_~'~.~' , ~ ~~ ~ sC ~ A ~ N N~ ~ R ~ .,~ \~ W ~ 3° 34 3E ~ ~ ~ !~ l ~ ~ ~ ~ ~Z ~ ~~ Z ~ ~ g - ~ ~ .. ~ ~ -~ ~ ~ N ~ ~ 0 0 ~ ~ m ~ ~ y ~ m N~ ~ `O ~® _ _ .. _~- Q -'~ II II II ~ ~. 0 00 ~ ~ ~ 0o C 0 a 3 3 3 ~ ~ ~ pp..~~ „~ C ~ ~ m `~ ~' ~ ~ ~~ ~ ~ ~ ~ m ~ ~ ~. 70 ~ ~ ~ ~' v ~ Pv ~i ; ~. z v~5 z - ~• . files ~ y Z ~ 0! p y c :~ ~ ~ ~ ~yvy ~ ~~~ o ~ ~ ~Z~ ~ ro ~ ~ P $ o '" ..M o ~ ~~~~ ~ ~ . ~~ ~ ~~~ N ~x o x °' ~ ~ ~, o ~ •. ~ ~'~ ~ ~ ~ p ~ ~~ ~ ~. O~m ~. ~~ y ~~ O ~ ~ r ~~ x • ~. - . ~ I. .. ~~ oos~~GNSSE3S=SSS648s5$i .. - 5/28/99 D -^ .. , 000 ~' ~. '" y~,~~ ~'° ~~,~,-c~~~~~~~~~ ~'a = ~:~~~~'~ ~~: ~ . ~. ~ V I I I ~~: I I. I .: ICI ~ ~ , ~. ~ ~ I . ~ ~ ~~, ~ ~•: s.. ®® .;~ ;~ I I . O ~ ~ ;. O ~ gam; - a' ~ _, ~ ~ ~: ~j .. ~..~~ ~O~~QO®®O®O O.®I ~I®~'B(~7®gQSd®®0®®~-}--~ }..o-~-.• ( ^-~ IL.~ • ~ ' - ~ ~ Z~~ :. i .: o ~ ~ s mmm~~~mX w ~ ICI I,.~ ~.~.e.ol ., ~~~~~ ...III ~. - ~ . . '~ S ~. 1 ~' ~'~ ' O d r ~ ~ ~ r m A ~ ~ d, r)J e prg Z yr t' p P Z ~ r n n r 2 z ~ r ? O ~ A ~ ~ ~ ~ M ~ ~ ~r w ~ M ~ a ~ ~ ' _ ~ ~ ~. - ~ ~ eb~ ~ pp ~ ~8 r 1 rr r r Cn N -i -i D D i- + m -.r ~~ ~ ~ OO fn N --I -I D D W W t t O O ~~ 1 r N a v w m r ..i °m O ~i N .9 ~ ~ ti m gD~ v r -~ o .D N~r ~ ~~' nD x o y~ u ~O x ~~ 0 ~ Q '" y ~ d o r ~ o ~ ~ Q _ ~Q ~ v {<D c 01 ~ xo r s o ; ~'_~ x ~ n v u u b N T ''1 rt + ~ ~ ~~ 4 ~~ ~ ~ ~~~~~~~ ~~~ ~ ~~ ~ o ~ aoy~-opt ~ ~' ~baaaa a~n ~a i ~i ,cr~? rlj~ w ~n wco rn ~ ~ ~~ ~ ^~ i ' ~ t. r y ~ .. ~m ~yrpp-p ZO a a a ~~ a 11~ ~ cc~~ O ~~~~ ~tv y n '4 a~ N ~ ~~ n, ro t r .:, f ~ ~S t ~ ~ ~ ~ r ~d P> d JJ w 3 ~ ^- m y ~ N ~~ x m C m ~ ~~ i 'V w ~ ~ a ~ m I N =a ~~ i rj ~ ti ~~ ~. ~~ J n n~nru„r,~ ~~ r ~~ ~ ~N ,.,.. r. ,,,,,,, ~ ,.oa~e~i~r ,~ O ~~~~2pppp ~^0' ~~ ~ No¢y{ '~ g s w y~~~mnnpmp~~~~ O o stem E a ement PROGRAM October 26, 2004 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: RECEIVEt~ OCT 28 ~!b04 DMIS{QN OF M~HWAYS PDEA-0FF~E OF h1ATUAAI.ENVI~ttIE1~T B-4222, Bridge 24 over Hall's Creek, Pasquotank County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland mitigation for the subject project. Based on the information supplied by you in a letter dated October 22, 2004, the impacts are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain Eco- Region, and are as follows: Riverine Wetland: 0.036 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The wetland mitigation for the subject project will be provided in accordance with this agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, ~,~~~~~ William D. Gilmore, P.E. Transition Manager cc: Bill Biddlecome, USACE-Washington John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 R.P~St01~ ~ ... ~ ~ ... Z~V'OtEC~7.GL9 ~GGY StGtt"P~ NC ENR North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0476 / www.nceep.net i o stem . PROGRAM October 26, 2004 Mr. Bill Biddlecome U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: B-4222, Bridge 24 over Hall's Creek, Pasquotank County Cataloging Unit 03010205 (Pasquotank), Northern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) proposes to provide preservation to compensate for the unavoidable 0.036 acre of riverine wetland impacts of the-subject project in the following manner: Wetland Preservation (10:1) in same eco-region {0.36 acre) Roanoke River - Cashie Site, Bertie County The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory mitigation for the project will be provided in accordance with Section IX, EEP Transition Period, of the Agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, ,'1.•~~~~ L~ v- tom' William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/40.1 Unit File: B-4222 z ,~ ~ ~~~ North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0416 / www nceep.net C~O~ W AT ~R~ ~O G ~ f > ~ o -c REC~~~ED APR 2s 2~ PL~~~IiYAYS Mr. Gregory Thorpe, PH.D. Department of Transportation 1548 Mail Service Center Raleigh; NC 27699-1548 Subject: Permit No. SW7040406 .General Stormwater Permit Hall's Creek.Bridge Replacement Pasquotank County Dear Mr. Thorpe: e7 otd d. ~ . ~ . ~ U f C~1(.\ Michael F. Easley, Govenor ~ William G. Ross, Jr. Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Diredor Coleen H. Sullins, Deputy Diredor Division of Water Quality Apri122, 2004 ~~ ~,° r~ ~~z ry~ a f`~~j! ~~y~ . The Washington Regional Office received the completed Stormwater Application for the subject project on April 6, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title. i5A NCAC 2H.1000. We are forwarding Permit No. SW7040406 dated Apri122, 2004 to the Department of Transportation. This permit shall be effective from the daze of issuance until rescinded and sha11 be subject to the conditions and limitations as specified therein. • If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty {30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina. General Statutes, and filed with the office of Administrative Hearings, P:O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands. are made this permit shall be final and binding. 943. Washington Square Mali, Washington, North Carolina 2889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Gregory J. Thorpe Apri122, 2004 ..H~ .,M~•• Y ^~x . .- ...ti ,. ~~«: t ~.. ~~., If you have any questions or need additional information concerning this matter, please contact :~ Mr. Robert Tankard at (252). 946-6481, extension 233. Sincerely, ~ ~. ~-~ Jim ulligan Water C2uatity Supervisor Washington Regional Office cc: Pasquotank County Inspections Washington Regional Office ., Central Files + , M 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-8481 FAX 252-94&9215 An Egnal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7040406 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERNIIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Cazolina. as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Department of Transportation FOR THE construction,- operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans :and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the Hall's Creek Bridge located on NCSR 1140 in Pasquotank County, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. 0.06 acres of new impervious areas are proposed. 2. Approved plans and specifications for projects covered by this .permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath ari impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the .conditions and limitations contained .in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Cazolina. General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Cazolina Administrative Code, Subchapter 2H.1000; and North Carolina. General. Statute 143- 215.1 et.al: 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless. of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 4 5. For any additions or modifications of the previously permitted built-upon azea, the permittee shall submit to'the Director revised plans and specifications and shall receive approval prior to construction. .6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. ~ Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide :copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person .except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change'the nameand.incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude -the Permittee from complying with any and all statutes, rules, regulations, or ordinances which maybe imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 22°d day of April, 2004. NORTH CAROLINA ENVIItONMENTAI: MANAGEMENT COMMISSION flan GOV. Klimek, P.E., Director -Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7040406 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equsl Opportunity Affirmative Action Employer United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field OHiee Post Office Box 83726 Raleigh, North Carolina 276363726 Mazch 11, 2004 Lindsey Riddick North Carolina Department of Transportation Project Development and Environmental Analysis 1548 I~iail Service Center Raleigh, North Cazolina 27699-1548 Dear. Mr. Riddick: This letter is in response to your letter of February 24, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina. Department of Transportation. (NCDOT) that the replacement of Bridge No. 24 on SR 1140 over Halls Creek in Pasquotank County (TIP No. B-4222) may affect, but is not likely to adversely affect the federally~threatened bald eagle (Haliaeetus leucocephalus):''These comments aze provided in accordance with section 7 of the~Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, eagle surveys were conducted at the project site in May 2001 and February 2004. In a telephone conversation between Mr. Gary rordan of my staff and Tyler Stanton of NCDOT on March 10, 2004, Mr. Stanton stated that the eagle surveys were limited to a relatively small area that was defined as the project area in the Categorical Exclusion (CE). This defined project. area is too Iimited'to adequately survey for eagles. When an eagle nest survey is required due to the presence of Iazge water bodies, the surveys should extend, at a minimum, 0.5 mile from the project limits, and- preferably out to 1.0 mile. Your letter includes the statement "...Due to the Zack of trees suitable far n Wig:.." ~Honever, both aerial and ground level photographs in the CE reveal suitably sized trees for eagle nesting within 0.5 mile of the project site. . The project site is already disturbed, and the project involves replacing an existing bridge with a new bridge on the same alignment. It appears that little, if any, additional tree clearing will occur at the project site. It also appears that the site experiences significant human activity. Given these facts; the Service concurs with your conclusion that the' proposed bridge replacement may affect; but is not likely to adversely affect the bald eagle.. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. For future letters requesting concurrence, the Service requests that additional information be .provided. Your letter for this project, for example, should have included the extent of the surveys, whether or not eagles were actually observed, and your rationale for stating that no trees suitable for nesting were present. The Service appreciates the opportunity to review this project. If you have any questions regarding. our response, please contact Mr. Gary Jordan at (919) 856- 4520 (Ext. 32). Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC Commander 431 Crawford Street ~~~~(~ U.S. Department of United States Coast Guard Portsmouth, Va. 23704-5004 /1ni~ Homeland Security Fifth Coast Guard District Staff Symbol: Oan-b ~ 1 ~ Phone: (757) 398-6587 United States Fax: (757) 398-6334 COS$t Gtuafd Emait: tknowles@lantd5.uscg.mil Mr. Gregory J. Thorpe Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Thorpe: 07 Ap ip,,~GG ~ ~ APR $ ~. 2()Q3 This is in response to your letter of March 14, 2003, to construct a bridge across Halls Creek, in Pasquotank County, North Carolina. Since this stream at this site is subject to tidal influence, it is considered legally navigable for Bridge Administration purposes. This stream at the crossing site also meets the criteria for advanced approval waterways outlined in Title 33, Code of Federal Regtilations, Section 115.70. Advance approval waterways aze those that are navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways. Your letter and attachments confirmed such conditions exist at this site. Therefore, an individual permit will not be required for this project. The fact that a Coast Guazd permit is not required does not relieve you of the responsibility for compliance with the requirements of any other Federal, State, or Local agency who may have jurisdiction over any aspect of the project. If you have any questions regarding this matter, please contact Mr. Terrance Knowles, at the phone number or address shown above. Sincerely, ` ~ . WAVERLY G RY, JR. Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: 0~2.~- o ~ t~~~ DATE ~ Gr o J. o e Ph. eg ry rp , D. Environmental Management Director Project Development & Environmental Analysis Branch North-Carolina Department of Transportation DATE ~ Donald J. Voelker, Acting Division Administrator Federal Highway Administration PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 CATEGORICAL EXCLUSION FEBRUARY 2003 Document Prepared by Ramey Kemp & Associates, Inc. 4928 A Windy Hill Dr. Raleigh, NC 27609 Montell W. Irvin, P.E., PTOE,~'r Ramey Kemp & Associates, Inc. For the North Carolina Department of Transportation 6l. Theresa Ellerby, Project Manager Project Development and Environmental Analysis Branch 02 a~ a3 Date PROJECT COMMITMENTS PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140 (2) STATE PROJECT N0. 8.2110401 TIP N0. B-4222 In addition to the standard Nationwide Permit #23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOTs Guidelines fior Best Management Practices for the Protection of Sun`ace Waters, Design Standanis for Sensitive Watersheds, NCDOTs Guidelines for Best Management Practices for Bridge Demolition and. Removal, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by NCDOT: Division 7 1.) The NCDOT will observe a moratorium on in-water work between February 15 through June 15 to protect fish spawning. The NCDOT will follow the "Stream Crossing Guidelines for Anadromous Fish Passage". . 2.) The NCDOT will schedule construction so that road closure begins on December 1 (after the fall harvest season). Work will be scheduled such that the road can be reopened on later than the following September.. 3.) The U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge will be relocated prior, to removal of the existing bridge. Categorical Exclusion February 2003 BRIDGE REPLACEMENT PASQUOTANK COUNTY BRIDGE N0.24 ON SR 1140 (OKISKO ROAD) OVER HALLS CREEK FEDERAL-AID PROJECT N0. BRZ-1140(2) STATE PROJECT N0. 8.2110401 T.I.P. N0.8-4222 INTRODUCTION: The replacement of Bridge No. 24, located on SR 1140 over Halls Creek, in Pasquotank County, is included in the North Carolina Department of Transportation (NCDOT) 2002-2008 Transportation Improvement Program (TIP) as 8-4222 and in the Federal-Aid Bridge Replacement Program (BRZ-1140 (2)). The location is shown in Figures 1 and 7. No substantial impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". I. PURPOSE AND NEED The NCDOT Bridge Maintenance Unit records indicate Bridge No. 24 has a sufficiency rating of 9.1 out of a possible 100 for a new structure. The bridge is considered structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS Bridge No. 24 is located approximately. 900 ft (274 m) west of SR 1136 in an area referred to as Halls Creek in Pasquotank County. Refer to Figures 1 and 7 for the project location and Figures 2 and 3 for photos of the existing project area. Bridge No. 24 was constructed in 1952. The bridge is not currently posted to restrict weight limits. The overall length of the eight-span structure is 68 ft (20.7 m). It has a clear roadway width of 22 ft (6.6 m) that includes two 11 ft (3.3 m) travel lanes over the bridge. The superstructure consists of a reinforced concrete deck on timber joists and an asphalt wearing surface. The original end and interior bents were constructed of timber piles and caps but have been replaced with steel H-piles and steel caps. The original timber piles are still in-place. The height from the crown to the stream bed is 12 ft (3.6 m). SR 1140 is classified as a rural minor collector in the Statewide Functional Classification System. The 2002 average daily Traffic volume (ADT) on SR 1140 is estimated to be 1,450 vehicles per day (vpd). The percentages of truck traffic are 1 percent TTST vehicles and 3 percent dual-tired vehicles. The projected 2025 ADT is 2,800 vpd. 2 The two-lane facility measures approximately 20 ft (6.0 m) in width and has 3-ft (1.2-m) grassed shoulders on each side of~the roadway. The horizontal alignment of SR 1140 is straight and the vertical alignment is flat within the project area. The speed limit in the immediate vicinity of the bridge is posted at 35 miles per hour (mph) (60 km/h), but changes to a 55 mph (90 km/h) approximately 600 ft (180 m) west of the existing bridge. Existing right-of-way is approximately 60 ft (18.3 m) in width. This section of SR 1140 is not part of a designated bicycle route nor is it listed in the Transportation Improvement Program as needing incidental bicycle accommodations. There is no indication that an unusual number of bicyclists use this roadway. There is a telephone cable that extends along the south side of SR 1140 throughout the project area. The cable is located underground except where it becomes aerial over Halls Creek. There are aerial electric service lines running along the north side of SR 1140 throughout the project area. There is a waterline along the north side of SR 1140 in the vicinity of the bridge. Utility impacts are expected to be minimal. Land use within the project area is a mixture of residential properties. There is an old cemetery lying 165 feet (51 m) southeast of the -bridge and 30 feet (10 m) from the centerline of the road. It is largely overgrown and contains 11 marked graves with approximately 30 to 50 unmarked graves. A historic site is situated directly across the road from the cemetery, with a granite monument marking the "First Albemarle Assembly Meeting°, on February 6, 1665. Also on the same side of SR 1140 is a large civic meetinghouse, located approximately 115 feet from the centerline of the road. A mobile home park is situated west of the bridge on both sides of SR 1140 and there is an abandoned store building lying northwest of the bridge. Land use surrounding the project area is largely agricultural and SR 1140 is a main thoroughfare for farmers during the spring and fall harvest seasons. There is a NC ~Idlife Commission public boating access area, referred to as the Halls Creek Launch, located on the south side of SR 1140 on the east side of the existing bridge. There are two driveways off of SR 1140 that serve the facility. Four school buses cross Bridge No. 24 two times a day, for a total of eight bus trips per day. There have been. four crashes reported on SR 1140 within the project area between August 1, 1999 and July 31, 2002. One involved striking a deer, iwo involved striking another vehicle, and one involved a single vehicle losing control and overturning. There is a U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge. The marker number, date, and elevation are 33 MEA,1976, and 5 ft (1.5 m), respectively. 3 III. ALTERNATIVES A. Project Description Based upon a preliminary hydraulics analysis, the proposed replacement structure will be approximately 115 ft (35 m) long with a 30 ft (9 m) clear roadway width. The bridge will include two 11 ft (3.3 m) travel lanes with 4 ft (1.2 m) of lateral clearance on each side of the bridge. The length and opening size of the proposed structure may increase or decrease as necessary to accommodate peak flows as determined by a more detailed hydraulic analysis to be performed during the final design phase of the bridge. The roadway approaches will provide two 11 ft (3.3 m) travel lanes with 8 ft (2.4 m) grassed shoulders. The roadway approach and bridge grades will approximately match existing bridge and roadway elevations. The design speed is 40 mph (65 km/h). B. Build Alternatives The build atemative studied for replacing the existing bridge is described below: Altemative A (Preferred) Altemative A consists of replacing the bridge in-place with a new bridge. During construction, traffic will be maintained by using an off-site detour. Refer to Figure 4 for illustration of this atemative. The project limits will extend no more than 250 ft (76 m) in each direction from the center of the existing bridge. SR 1140 will be closed within the project limits for approximately 4 to 6 months during the construction of the bridge and roadway work. Existing traffic will be detoured via SR 1141 (Glade Road), SR 1144 (Simpson Ditch Road), SR 1139 (Body Road) and SR 1136 (Four Forks Road). The detour length is estimated to be 8.7 miles (14 km). Refer to Figure 5 for illustration of the temporary off site detour route. C. Alternatives Eliminated From Further Consideration A "Do-Nothing" atemative will eventually necessitate closure of the bridge due to its poor condition. This is not desirable due to the traffic service provided by SR 1140. Investigation of the existing structure by the NCDOT Bridge Maintenance Unit indicates that rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. Altemative B consists of replacing the bridge in-place with a new bridge. During construction, traffic will be maintained by using a temporary on-site detour located on the south side (downstream) of the existing bridge. The temporary detour will be located approximately 15 ft (4.6 m) from the south side of the proposed bridge and will have an approach roadway width of 28 ft (8.6 m) with 3-ft (1.0-m) wide shoulders on each side. The temporary detour on the south side of the existing bridge will result in relocatees on the west side of the creek and impact an existing cemetery.. A temporary detour on the north side of the existing bridge was also evaluated but will result in relocatees on the west side of the creek. This detour would also have substantial impact to the Ruritan Club property adjacent to the creek on the east side. 4 Elevations in the project study area range from approximately 3 to 7 ft (1 to 2 m) above mean sea level (USGS 1982). The project vicinity consists of cypresslgum swamp, hardwood forest, agricultural land, and adjacent urbanized areas. The project study area crosses three soil mapping units. The soil types in parentheses represent the proposed new soil series names in the unpublished soil survey for Pasquotank County (NRCS 2001). Hydric soils are mapped as Swamp soils (Dorovan: Typic Medisaprists), which are poorly drained. Non- hydric soils with hydric inclusions are mapped as Bertie fine sandy loam (Augusta: Aeric Ochraquults), which are moderately well drained to somewhat poorly drained. Non-hydric soils are mapped as Lenoir very fine sandy loam (Wahee: Aeric Ochraquults), which are somewhat poorly drained. C. Water Resources C.1. Waters Impacted The project study area is located within sub-basin 030152 of the Pasquotank River Basin (DENR 2001 a) and is part of USGS hydrologic unit 03010205 (USGS 1974). ,Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the study area. The drainage area at the bridge crossing is 11..8 square miles (30.4 square kilometers). This stream has been assigned Stream Index Number (SIN) 30-5-3 by the DWQ from its source to the Little River (DENR 2001 a). Halls Creek is a perennial stream with slow flow over substrate consisting of silt and mud. Water clarity was moderate with tannic acid being the primary contributor to the tea-colored water. The channel ranges in width from 70 ft (21 m) to 160 ft (49 m), and has an average depth of greater than 5 ft (1.5 m). A geomorphic characterization of the stream section within the project study area indicates Halls Creek is a "C° type channel (Rosgen 1996). Halls Creek has been assigned a best usage classification of C Sw (DENR 2001 a). The C designation indicates waters that support aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation is any activity involving human body contact with water on an infrequent or incidental basis. Point source discharges of treated wastewater are permitted in these waters, pursuant to Rules .0104 and .0211 of 15A NCAC 2B; however, local programs to control nonpoint source and stormwater discharge of pollution are required. The Sw designation refers to Swamp Waters, which have low velocities and other natural characteristics that are different from adjacent streams. No Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-I, or WS-II Waters occur within 1.0 mile (1.6 kilometers [km]) upstream or downstream of the project study area (DEM 1993, DENR 2001a). Halls Creek is not designated as a North Carolina Natural and Scenic River, or as a national Wild and Scenic River. Halls Creek is designated as an anadromous fish spawning area (NCCGIA 2001). One method used by DWQ to monitor water quality is through long-term monitoring of macroinvertebrates. In 1997, benthic macroinvertebrate samples were taken upstream of the project study area. One sampling location is located approximately 4.5 miles (7.2 km) upstream of the study area at US 17 on the Little River (DWQ 1997). This location received a bioclassification of fair (DWQ 1997). 7 Another me8sure of water quality being used by the DWQ is the North Carolina Index of Biotic Integrity (NCIBI), which assesses biological integrity using the structure and health of the fish community. No NCIBI sampling has been reported. for any Pasquotank County stream systems (DWQ 1996). There is a N.C. Department of Natural Resources -Division of Water Quality monitoring well (Site ID number F111) located on the public boating access area property. The well is located approximately 150 to 200 ft (46 to 61 m) on the east side of Halls Creek due south of the existing bridge. C.2: Essential Fish Habitat Assessment An Essential Fish Habitat (EFH) assessment is typically required for bridge replacement in coastal counties. EFH is defined by the National Marine Fisheries Service (NMFS) as "those waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity" (NMFS 1999). The current species list prepared by the NMFS pertaining to EFH has been reviewed and all listed species are either marine or estuarine species. The project study area is in close proximity to estuarine waters; however, it will not be considered EFH by the USACE and NMFS. C.3. Permitted Discharges Discharges that enter surface waters through a pipe, ditch, or other well-defined point of discharge are broadly referred to as "point sources°. There are no permitted point source dischargers located along Halls Creek or within 5 miles (8 km) of the project study area (DENR 2001 b). C.4. Anticipated Impacts to Water Resources Short-term impacts to water quality, such as sedimentation and turbidity, may result from construction- related activities. Temporary construction impacts due to erosion and sedimentation will be minimized through implementation of a stringent erosion control schedule and the use of BMP's. The contractor will follow contract specifications pertaining to erosion control measures as outlined in 23 CFR 650 Subpart B and Article 107-13 entitled Control of Erosion, Siltation, and Pollution pursuant to NCDOT's Standard Specifications for Roads and Structures. These measures include: the use of dikes, berms, silt basins, and other containment measures to control runoff and elimination of construction staging areas in floodplains and adjacent waterways. Disturbed sites will be revegetated with herbaceous cover after any temporary construction impacts. Other impacts to water quality, such as changes in water temperature as a result of increased exposure to sunlight due to the removal of stream-side vegetation or increased shade due to the construction of the bridges, and changes in stormwater flows due to changes in the amount of impervious surface adjacent to the stream channels, can be anticipated as a result of this project. However, due to the limited amount of overall change in the surrounding areas, impacts are expected to be temporary in nature. No adverse long-term impacfls to water resources are expected to result from the alternative being considered. The proposed project calls for replacement of the bridge in-place across Halls Creek, which will allow.for continuation of present stream flow within the existing channel, thereby protecting stream integrity. 8 C.5. Impacts Related to Bridge Demolition and Removal In order to protect the water quality and aquatic fife in the area affected by this project, the NCDOT and all contractors will follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in three NCDOT documents entitled: "Pre-Construction Guidelines for Bridge Demolition and Removal", "Policy: Bridge Demolition and Removal in Water of the United States", and "Best Management Practices for Bridge Demolition and Removal". The superstructure of Bridge No. 24 consists of a reinforced concrete deck on timber joists. The bridge has 8 spans and totals 68 ft (20.7 m) in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. There is potential for the concrete deck to be dropped into Halls Creek during demolition and removal. The maximum potential temporary fill associated with the removal of the bridge deck is approximately 32.7 cubic yards (25 cubic- meters).. It is anticipated that there will be no temporary fill associated with demolition and removal of the substructure since it is composed of timber and steel and can be removed without dropping components into the water. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. D. Biotic Resources D.1. Plant Communities Terrestrial distribution and composition of plant communities throughout the project study area reflect landscape-level variations in topography, soils, hydrology, and past and present land use practices. When appropriate, the plant community names have been adopted and modified from the NHP classification system (Schafale and Weakley, 1990) and the descriptions written to reflect local variations within the project study area. Six plant communities were identified within the project study area: cypress-gum swamp, mixed hardwood forest, mixed pine/hardwood forest, agricultural land, successional areas, and maintained/disturbed areas. These communities total approximately 19.4 acres (7.9 ha), which does not include the approximately 2.7 acres (1.1 ha) of open water attributed to Halls Creek and pond. Cypress-Gum Swamp -The cypress-gum swamp covers approximately 3.7 acres (1.5 ha) [19.0 percent] of the project study area. Cypress-gum swamps are associated with backswamps, sloughs, swales, and featureless floodplains of blackwater rivers. The canopy of this community is dominated by species such as swamp black gum (Nyssa biflora) and bald cypress (Taxodium distichum). The understory and shrub layer are usually poorly developed, though they may be dense in some sites and may include green ash (Fraxinus pennsylvanica) and red maple (Ater rubrum). The herb layer ranges from nearly absent to moderate cover. Herbaceous species include lizard's tail (Saururus cemuus) and arrow arum (Peltandra virginica). Mixed Hardwood Forest -The mixed hardwood forest areas cover approximately 1.8 acres (0.7 ha) [9.3 percent] of the project study area. Tree species in this community consist of sweetgum (Liquidambar 9 styraciflua) and red maple. The shrub and groundcover layer consisted of red maple, sweetgum, wax myrtle (Myrica cerifera), giant cane (Arundinaria gigantea), and common greenbrier (Smilax rotundifolia). Mixed PinelHardwood Forest -Mixed pinelhardwood forest covers approximately 1.0 acre (0.4 ha) [5.2 percent] of the project study area. Dominant tree species consist of loblolly pine (Pinus taeda), sweetgum; and red maple. Shrub and groundcover species consist of sweetgum, blackbeny (Rubus argutus), poison ivy (Toxicodendron radians), and Japanese honeysuckle (Lonicera japonica). Agricultural Land -Agricultural land covers approximately 1.3 acres (0.5 ha) [6.7 percent] of the project study area. Agricultural land includes land that is currently or has been recently in production of harvestable crops and/or livestock. The agriculture land at the northwest end of the project study area is currently in row crop production. The agricultural land northeast and southeast portions of the project study area are currently utilized as pasture. Successional Areas -Successional land covers approximately 1.1 acres (0.4 ha) [5.7 percent] of the project study area. The successional area consists of a fallow field that has been overtaken by opportunistic species such Japanese honeysuckle and blackberry. MaintainedlDisturbed Areas -Maintained/disturbed areas cover approximately 10.5 acres (4.3 ha) [54.1 percent] of the project study area. The maintained/disturbed areas within the project study area include roadsides and rights-of--way, maintained residential yards, poweriine right-of-way corridors, and areas where other human related activities dominate. D.2. Wildlife The project study area was visually surveyed for signs of terrestrial and aquatic wildlife; however, little evidence of wildlife was observed during the field effort. The project study area is surrounded by busy roadways, cypress-gum swamp, forested areas, maintained/disturbed .areas and agricultural areas. Expected wildlife species are those adapted to fragmented landscapes. No bird species were observed within or adjacent to the project study area. Bird species expected to occur within the project study area include American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura), great egret (Casmerodius albus), great blue heron (Ardea heroides), and osprey (Pandion haliaetus). No mammals were observed within the project study area. Species expected to be found in and around roadside and urban settings include raccoon (Procyon lotor), Virginia opossum (Didelphis virginiana), woodchuck (Marmota monax), red fox (Vulpes wipes), gray squirrel (Sciurus arolinensis), and eastem cottontail (Sylvilagus floridanus). Other species that may use the Halls Creek floodplain as a travel corridor include white-tailed deer (Odocoileus virginianus). No terrestrial reptiles were observed within the project study area. Species expected to occur within the project study area include eastem box turtle (Terrapene Carolina), eastem garter snake (Thamnophis sirtalis), ringneck snake (Diadophis punctatus), and rat snake (Elaphe obsoleta). . 10 No terrestrial amphibians were observed within the project study area. Species expected to occur within the project study area include such species as Fowler's toad (Bufo woodhouseii fowleri) and spring peeper (Pseudacris crucifer). D.3. Aquatic Communities The aquatic habitat located within the project study area includes Halls Creek and its side channels. Limited kick-netting, seining, dip-netting, electrofishing and visual observation of stream banks and channel within the project study area were conducted in Halls Creek to document the resident aquatic wildlife populations. Fish species documented in the segment of Halls Creek within the project study area are pumpkinseed (Lepomis gibbosus), bluegill (Lepo.mis macrochirus), and eastern mosquitofish (Gambusia holbrooki). Coastal streams are often used by anadromous fish species such as striped bass (Morone saxatillis) and shad (Alosa spp. and Dorosoma spp.). Anadromous fish .may occur in Halls Creek. Menhinick (1991) documents the occurrence of Atlantic menhaden (Brevoortia tyrannus) in the waterways adjacent to Halls Creek. No aquatic reptiles were observed within the project study area. Species expected to occur within the project study area include northern water snake (Nerodia sipedon), cottonmouth (Agkistrodon piscivorus), and common snapping turtle (Chelydra serpentina). Aquatic amphibians observed within the project study area were limited to bullfrog (Rana catesbeiana). Other species expected to occur within the project study area include green frog (Rana clamitans melanota) and southern leopard frog (Rana utricularia). Aquatic invertebrate surveys included kick-net surveys, limited bottom sampling, and walking all streambanks in the project study area to locate freshwater mussel middens. Visual observation of the streambanks of Halls Creek revealed no evidence of freshwater mussels. Kick-net surveys and limited bottom sampling conducted within the channel of Halls Creek produced various aquatic macroinvertebrates. Benthic invertebrate organisms collected within Halls Creek were identified to at least Order, and Family if possible, and include dragonflies (Odonota:Lestidae), midges (Diptera:Chironomidae), water beetles (Hemiptera:Corixidae), clams (Pelecypoda), sow bugs (Isopoda), and scuds (Amphipoda). Identifications are based on McCafferty (1998). D.4. Anticipated Impacts to Biotic Communities D.4.a. Terrestrial Communities Impacts Potential impacts to plant communities are estimated based on the approximate area of each. plant community present within the proposed right-of-way and temporary construction limits. No impacts to plant communities are anticipated because the existing right-of--way will not increase in size. The land currently within the existing right-of-way has been designated as maintained/disturbed land, and no impacts to natural plant communities are anticipated as a result of this project. Due to the lack of infringement on natural plant communities, the proposed bridge replacement will not 11 result in substantial loss or displacement of known terrestrial animal populations. Wildlife movement corridors are not expected to be substantially impacted by the proposed project. D.4.b. Aquatic Communities Impacts The proposed bridge replacement will not result in substantial loss or displacement of known aquatic wildlife populations. Potential down-stream impacts to aquatic habitat will be avoided by bridging Halls Creek to maintain regular flow and stream integrity. In addition, temporary impacts to downstream habitat from increased sediment during construction are expected to be reduced by limiting in-stream work to an absolute minimum, except for the removal of the portion of the sub-structure below the water. BMP-BDR will be followed to minimize impacts due to anticipated bridge demolition. E. SPECIAL TOPICS E.1. Waters of the United States Surface waters within the embankments of Halls Creek are subject to jurisdictional consideration under Section 404 of the Clean Water Act as "waters of the United States" (33 CFR 328.3). Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion (12.5 percent) of the growing season (DOA 1987). Pursuant to Cowardin et al. (1979) the majority of the jurisdictional wetlands associated with Halls Creek are palustrine, deciduous forested wetlands that are semi-permanently flooded (PFO6F). A small area. of jurisdictional wetlands is present within the existing right-of-way east of Halls Creek. These areas are part of the cypress/gum swamp (PFO6F), but have been impacted by maintenance within the existing right-of-way and are now palustrine, persistent emergent wetlands (PEM1C). The waters in Halls Creek within the project study area exhibit characteristics of riverine, lower perennial, unconsolidated bottom, permanently flooded waters (R2UBH) (Cowardin et a1.1979). Halls Creek is a jurisdictional surface water. E.2.. Potential Impacts to Waters of the United States Temporary and permanent impacts to wetlands and surface waters are estimated based on the amount of each jurisdictional area within the proposed construction easement limits. Estimated wetland and surface water impacts are provided in Table 2. Impacts are restricted to 0.11 acre (0.04 ha) of surface water along approximately 60 linear ft (18 m) of channel and 0.017 acre (0.01 ha) of wetlands that are within the existing right-of-way. This emergent wetland is contiguous to the adjacent cypress-gum swamp. No portion of the cypress-gum swamp should be impacted by this proposed project. Table 2 Potential Impacts to Jurisdictional Wetlands and Surface Waters JURISDICTIONAL AREAS Alternate A R2UBH (Surface Waters) PEM1C Wetland . 0.11 ac (0.04 ha) 0.017 ac 0.01 ha Total Areas: 0.13 ac 0.05 ha Stream Channel Impacts (Halls Creek) 60 ft (18 m) 12 E.3. Permits Section 404 of the Clean Water Act - In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit .is required from the USACE for projects of this type for the discharge of dredged or fill material into "Waters of the United States". The USACE issues two types of permits for these activities. A general permit may be issued on a nationwide or regional basis for a category or categories of activities when: those activities are substantially similar in nature and cause only a minimal individual or cumulative environmental impacts, or when the general permit would result in avoiding unnecessary duplication or regulatory control exercised by another Federal, state, or local agency provided that the environmental consequences of the action are individually and cumulatively minimal. If a general permit is not appropriate for a particular activity, then an individual permit must be utilized. Individual permits are authorized on a case-by-case evaluation of a specific project involving the proposed discharges. It is anticipated that this project will fall under Nationwide Permit 23, which is a type of general permit. Nationwide Permit 23 is relevant to approved Categorical Exclusions. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency and that the activity is °categorically excluded" from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the environment. Activities authorized under nationwide permits must satisfy all terms and conditions of the particular permit. However, final permit decisions are left to the discretionary authority of the USACE. Section 401 Water Quality Certification - A 401 Water Quality Certification, administered through the DWQ, will also be required. This certification is issued for any activity which may result in a discharge into waters for which a federal permit is required. According to the DWQ, one condition of the permit is that the appropriate sediment and erosion control practices must be utilized to prevent exceedances of the appropriate turbidity water quality standard. E.4. Mitigation Evaluation Avoidance -The projects purpose necessitates traversing the overflow; therefore totally avoiding surface water impacts is impossible. The proposed alternative involves replacing the bridge "in-place" and utilizing an off-site detour. This will prevent any temporary impacts associated with on-site detours. Minimization -Impacts will be minimized by replacing the structure in its existing location and maintaining traffic with an off-site detour. This replacement method. will require the smallest relative construction footprint. However, utilization of BMPs is recommended in an effort to minimize impacts, including avoiding placing staging areas within wetlands. Mitigation -Compensatory mitigation is not expected for this project due to the limited nature of project impacts. Temporary impacts associated with the construction activities could be mitigated by replanting disturbed areas with native species and removal of any temporary fill material within the floodplain upon project completion. 13 F. Rare and Protected Species F.1. Federally Protected Species Species with the federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.1531 et seq.). The following federal protected species are listed for Pasquotank County (USFWS list dated May 31, 2002): Table 3 Federally Protected Species for Pasquotank County, NC Common Name Scientific Name Status Biolo ical Conclusion Bald eagle Haliaeetus leucocephalus T No Effect T -Threatened "a species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range". Bald eagle -The bald eagle is a large raptor with a wingspan greater than 6 ft (1.8 m). Adult bald eagles are dark brown with white head and tail. Immature eagles are brown with whitish mottling on their tail, belly, and wing linings. Bald eagles typically feed on fish but may also take birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et a1.1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). Preventing disturbance activities within a primary zone extending 750 to 1500 ft (229 to 457 m) to outward from a nest tree is considered critical for maintaining acceptable conditions for eagles (USFWS 1987). BIOLOGICAL CONCLUSION: No Effect No bald eagles or nest trees were observed during the field investigation; however, bald eagles could potentially utilize the area for food. An updated NHP necords search was performed on December 20, 2001, April 12, 2002 and December 10, 2002. There are no records of bald eagles occurring within 1.0 mile (1.6 km) of the project study area. Construction of this project will not have an impact on the bald eagle. F.2. Federal Species of Concem The May 31, 2002 FWS list also includes a category of species designated as "Federal species of Concem" (FSC). The FSC designation provides no federal protection under the ESA for the species listed. No FSC are listed for Pasquotank County. F.3. State Protected Species Plant and animal species which are on the North Carolina state list as Endangered (E), Threatened ('f), or Special Concem (SC), receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202 et seq.). No impacts to state listed species should result from this proposed project. 14 VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. This project has been coordinated with the North Carolina State Historic Preservation Officer (SHPO) in accordance with the Advisory Council's regulations and FHWA procedures. B. Historic Architecture A Historical Architectural Resources Survey report was completed to identify all historic resources located within the Area of Potential Effects (APE) for the project. This survey was conducted: 1) to determine the APE, which is defined as the geographic area within which the project may cause changes to the character or use of historic properties; 2) to idenfrfy all significant resources within the APE; and 3) to evaluate any identified resources according to National Register of Historic Places criteria. This study included background research and a field survey that was conducted in July 2001. Every property at least fifty years of age was photographed, mapped, and evaluated. One property, Halls Creek United Methodist Church (ca. 1827) was identified within the APE and evaluated. This antebellum church has been significantly altered in recent decades and is therefore not recommended as eligible of the National Register. The State Historic Preservation Office reviewed the report and concurred (see memorandum in Appendix dated November 7, 2001) that the Halls Creek United Methodist Church is not eligible for listing in the National Register of Historic Places due to character altering changes since the 1950's. C. Archaeology In their February 25, 2003 memorandum the SHPO stated "Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for listing in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project.° A copy of the SHPO memorandum is included in the Appendix. VII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of the inadequate bridge will result in safer traffic operations. The project is considered a Federal °Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. Replacement of Bridge No. 24 will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. 15 The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) a review was conducted to determine whether minority of low- income populations were receiving disproportionately high and adverse human health and environmental impacts as a result of this project. The investigation determined the project would not disproportionately impact any minority orlow-income populations. The studied route does not contain any bicycle accommodations, nor is it a designated bicycle route; therefore, no bicycle accommodations have been included as part of this project. This project has been coordinated with the United States Department of Agriculture, Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland for all land acquisition and construction projects. The project involves replacing the bridge in its existing location. No impacts to prime or locally important farmland are anticipated. No publicly owned parks or recreational facilities, wildlife and waterfowl refuges, or historic sites of national, state or local significance in the immediate vicinity of the project will be impacted. The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. No adverse effects to air quality are expected to result from this project. This project is an air quality °neutral" project, so it is not required to be included in the regional emissions analysis (if applicable), and a project level CO analysis is not required. Since the project is located in an attainment area, 40 CFR Part 51 is not applicable. If vegetation or wood debris is disposed of by open burning, it shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP). for air quality in compliance with 15 NCAC 2D.0520 and 1990 Clean Air Act Amendments and the National Environmental Policy Act. This evaluation completes the assessment requirements for air quality, and no additional reports are required. Ambient noise levels may increase during the construction of this project; however this increase will be only temporary and usually confined to daylight hours. There should be no notable change in traffic volumes after this project is complete. Therefore, this project will have no adverse effect on existing noise levels. Noise receptors in the project area will not be impacted by this project. This evaluation completes .the assessment requirements for highway noise set forth in 23 CFR Part 772. No additional reports are required. 16 An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks (UST) or hazardous waste sites in the project area. No adverse effect on the overall public is expected. There will be some inconvenience to local travel due to the closure of SR 1140. Pasquotank County Emergency Services Department indicates that this project will not significantly impact their response time. Pasquotank County is a participant in the National Flood Insurance Regular Program. The project is not located in a Detailed Study Area, but is located within a Zone A floodplain. The approximate 100-year floodplain in the project area is shown in Figure 6. There are no practical altematives to crossing the floodplain area. The replacement structure is proposed as an in-kind replacement. The proposed project is not anticipated to increase the upstream limits of the 100-year flood plain thereby minimizing impacts. Geotechnical borings for the bridge foundation will be necessary. There is a U.S. Geological Survey (USGS) geodetic survey marker located on the northeast end of the existing bridge. The marker number, date, and elevation are 33 MEA, 1976, and 5 ft (1.5 m), respectively. Relocation of this marker will be required prior to removal of the existing bridge. Based on the above discussion, it is concluded that no substantial adverse environmental impacts will result from the replacement of Bridge No. 24. VIII. PUBLIC INVOLVEMENT A Citizens Informational Workshop was held on December 5, 2001, at the Nixonton Volunteer .Fire Department to present the studied altematives and to seek public comments. Altematives A & B were presented. Eleven people attended the workshop including a representative from Pasquotank County. Local officials and citizens indicated that Alternative A was the locally prefented alternative for replacing the existing bridge. A letter dated January 7, 2002 written on behalf of the Pasquotank County Board of Commissioners by the County Manager states: flt is in the best interest of the citizens of our area and the State of North Carolina to pursue the least expensive option which will also eliminate the need to take any homes in the area. Although this option will close the road for a period of time, the Board of Commissioners believes that this will have a minimal disruption for the area.° A copy of this letter is provided in the Appendix of this report. IX. AGENCY COMMENTS Agency comments are summarized below. Letters from the commenting agencies are included in the appendix. 17 National Marine Fisheries Services (NMFS): If detours are required during bridge construction to maintain traffic flow, off-site detours are preferable because they avoid and minimize impacts to wetlands. Response: The preferred alternative utilizes an off-site detour to maintain traffic. North Carolina Wildlife Resources Commission (NCWRC): Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from Febnaary 15 to June 15. Response: An in-water work moratorium between February 15 to June 15 to protect fish spawning will be observed and the "Stream Crossing Guidelines for Anadromous Fish Passage" will be followed to the maximum extent possible. 18 X. Center for Geographic Information and Analysis (CGIA). 2001. BasinPro Software. North Carolina Center for Geographic Information and Analysis. Raleigh, NC. Cowardin, L:M., V. Carter, F.C. Gotet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y- 87-1. US Army Engineer Waterways Experiment Station, Ucksburg, MS. 100 pp. Department of Environment and Natural Resources (DENR). 2001a. Water Quality Stream Classifications. Downloaded on 29 May 2001 from http://h2o.enr.state.nc.uslbims/reports/basinsandwaterbodies/hydro/Pasquotank.pdf DENR. 2001b. Active NPDES Permits. http://h2o.enr.state.nc.us/NPDES/documents/permits.xls Division of Water Quality (DWQ). 1996. Basinwide Assessment Report Support Document: Chowan and Pasquotank River Basins. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 198 pp. DWQ. 1997. Pasquotank River Basinwide Water Quality Management Plan. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. LeGrand, H.E., Jr., and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. 91 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. McCafferty, W.D. 1998. Aquatic Entomology The Fishermen's and Ecologists' Illustrated Guide to Insects and There Relatives. Jones & Bartlett Publishing, Sudbury Massachusetts. 404pp. Menhinick, E.F. 1991: The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. Natural Resource Conservation Service (NRCS). 2001 Personal communication with Pasquotank County NRCS office. National Marine Fisheries Service. (NMFS). 1999. Essential Fish Habitat Consultation Guidance. 62 pp. 19 Palmer, W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC. 412 pp. Potter, E.F., J.F. Pamell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. Radford, A. E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of The Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1168 pp. Rohde, F.C., R.G Amdt, D.G. Lindquist, and J.F. Pamell. 1994. Freshwater Fishes of the Carolinas, Urginia, Maryland, and Delaware. The University of NC Press, Chapel Hill, NC. 222 pp. Rosgen, D. 1996. Applied river Geomorphology. Wildland Hydrology, Inc., Pagosa Springs, CO. 365 pp: Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh. 325 pp. U.S. Fish and Wildlife Service (USFWS). 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Department of the Interior, Fish and Wildlife Service. 8 pp. U.S. Geological Survey (USGS). 1974. Hydrologic Units Map, State of North Carolina. USGS. 1982. Nixonton, NC 7.5-minute series topographic map Weakley, A. S. 1993. Guide to the Flora of the Carolinas and Virginia. Working Draft of November 1993. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment, Health, and Natural Resources. 575 pp. Webster, W.D., J.F. Pamell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. 20 X. Center for Geographic Information and Analysis (CGIA). 2001.. BasinPro Software. North Carolina Center for Geographic Information and Analysis. Raleigh, NC. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y- 87-1. US Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 pp. Department of Environment and Natural Resources (DENR). 2001a. Water Quality Stream Classifications. Downloaded on 29 May 2001 from http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodiesmydro/Pasquotank.pdf DENR. 2001b. Active NPDES Permits. http:l/h2o.enr.state.nc.us/NPDES/documents/permits.xls Division of Water Quality (DWQ). 1996. Basinwide Assessment Report Support Document: Chowan and Pasquotank River Basins. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 198 pp. DWQ. 1997. Pasquotank River Basinwide Water Quality Management Plan. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. Hamel, P.B. 1992: Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. LeGrand, H.E., Jr., and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. 91 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Vrginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. McCafferty, W.D. 1998. Aquatic Entomology The Fishermen's and Ecologists' Illustrated Guide.to Insects and There Relatives. Jones & Bartlett Publishing, Sudbury Massachusetts. 404pp. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. Natural Resource Conservation Service (NRCS). 2001 Personal communication with Pasquotank County NRCS ofFce. National Marine Fisheries Service. (NMFS). 1999. Essential Fish Habitat Consultation Guidance. 62 pp. 19 Palmer," W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC. 412 pp. Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980: Birds of the Carolinas. The University of North Carolina Press, Chapel Hilt, NC. 408 pp. Radford, A. E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of The Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1168 pp. Rohde, F.C., R.G Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas; Virginia, Maryland, and Delaware. The University of NC Press, Chapel Hill, NC. 222 pp. Rosgen, D. 1996. Applied River Geomorphology. Wildland Hydrology, Inc., Pagosa Springs, CO. 365 pp: Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh. 325 pp. U.S. Fish and Wildlife Service (USFWS). 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Department of the Interior, Fish and Wildlife Service. 8 pp. U.S. Geological Survey (USGS). 1974. Hydrologic Units Map, State of North Carolina. USGS. 1982. Nixonton, NC 7.5-minute series topographic map Weakley, A. S. 1993. Guide to the Flora of the Carolinas and Virginia. Working Draft of November 1993. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment, Health, and Natural Resources. 575 pp. Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. 20 FIGURES 1 ... .z 1 9 /9 ~ ~, 1140 j ~ 139-'' 1 6 1237 1217 ~ J --~_ 1132 2 .~ ~ •9 to ~-~.., 1136 1182 ~ .~. 0 1169 ° 1140 ~v - ~ i ~ B-4222 6 ~ ~ }~ ~ a -. ,182 ,_ y Nixonton ~.,. 1 22 1121 i >> •~ t.~ ~~.: 1100 Z W _+~ ~ '~-~ OW ~., 1 . /~ j ~ I rr^^ !~ 1~ ~ vJ ~~~ ~ ~ -. ~ ~s ,, _ _ _ ~~•~ ~ ~' 1118 PROJECT LOCATION PASOUOTANK COUNTY SCALE IN MILES 1 0 1 FIGURE t Korth Carolina Department of AREA LOCATION MAP Transportation BRIDGE N0. 24 Division of Highways ON SR 1140 Project Development f~' Envtronmental Analysis Branch OVER HALLS CREEK PASOUOTANK COUNTY. NORTH CAROLINA TIP PROJECT B-4222 ~~ ,. ~u ~. O SOUTH SIQ OF S 1140 L001(IG WEST 8-4222 PASQUOTANK COUNTY REPLACE BRIQGE NOo 24 ON SR 114Q OVER HALLS CREEK FIGURE 2 PROJECT PHOTOGRAPHS r~~a Yavx aaeev esveoaoa i-aa v...w w.. ..wm .--. vev A.a®aee.rvrr ovum v'v I~vvirmAevv 8•v10A 80 i j~I i B-4222 PASQUOTANK COUNTY FIGURE 3 REPLACE BRIDGE N0.24 ON SR 1140 OVER HALLS CREEK PROJECT PHOTOGRAPHS ,.Y.m%rr~,,.,~ra ,~,. ~. <.,nd ,.., _. >..... .x ~_..e, _. ~ x=, ~ ..., ,>.. ..„ ~..s w. sc .,..,#a _: a. ,. .`~a... ~a~&~~s.~ b,~.,. .,. ,..ss. ,z,. ~~ # ~~~ ~ ~ ~ o ~~ W ~~ ~ ~ ~~~~~ ~-~ ~~x~~ ~o~ G 0 H V1 ' Q 0 W Q = ~. Z W ~ . "° a V . - g ~_ W V ~ W ovc ml _oy S ~, il~~ ~~ ~ ~1 ~ ~ ~~ i . ~.:, I . II I I' I I E. 1 ~~ IIII~ I I ~~ ~~ ~~ -.I ,,~ ~.. ..... ~ ~ I ~~ I I I ~~ j I ~ a ~, , 1 1 \\ ( I ~I ~ ~r~1 I ~ I 1 I ~ I~ X31 ~ ' I ~ ~ ~- _ ~ a ~. _~~ W ai ~~i f ,~ o~' L :~ - - -~'~~ ~~` II II ~ II II r II II I; li t ~: ~ I IQ a / ~yg I f. ~< Ia ~: I~_J ~!y e,,, -iy ~~ D ~ ~, $ c ~~ ~~ .~~ :: ~ ~ ~ ~ ~ ~ ~ ~ ~i' ~ ~ ~ s o a~ ~~~ ~ a~~~'~ ~$b~~~ W ~Ao ~~ ~~~ a`~~~ ~aaaaa 4QO~t1..~ J ' N ~~. ~~~ ~ o~~~~ Tijy a a a a aQO~11~0: _ b~ /~ ~ 'L'I ~ N W at x I I m ~ / b` ! { c-r- al ~r - _ I 2 ~ '!!! s ~ , 1 ~,~_ ~ ~r ~ - J J ~ 1s al x ~ I ' ~ xl x / 1 i~ I 3~~ . y W ~. at x ~~10 y0$~ I+m s al x ~ I H ~ ~ _ ° ° ...~ ~ ~_, tll N ~~ 1, 1 ' ~~ al x _...~_._..._~ -._J!1 ~ I a^~y yos xl x ~ ~ at x Z '~'(~y-\ ~ ' ' ~ ' 1NIOd YJNH O \ Aiyo~ a - s ~ ~ ~ b i 'u x ~ / dl x I 3Akq 10S ~ ~ I V I I ' W - - __ a~ yos _ N '~~ -- II o ~:~~ , , _ -~l 1 :1468 1300 ~s •0 17 /,p0 : ~'• 144 1145 ~'• 'o ~ e 1 ~ nal 16 f 1143 2 ~ ~ ~~ _ ~ ~°F~`a n ~1_` 1140 1139.°j ~l /~ ~ ~. , i •~ /, 1 ,,"~•+•'~ 1136 !~> , '~ 1 1140 B-4222 ~~ o G '. Z ~ i 1267 • ' ' 1 114, \ ~- T I ~ 1169 1101 l2~ r 1217 I ~~$ 1. 1169 1 -~n-~,1~ PROJECT LOCATION F SCALE IN MILES ~~•- OFF-SITE DETOUR ROUTE ~ o ~ FIGURE 5 11 forth Carolina. Department of OFF -SITE DETOUR ROUT E Transportatcon Division of Highways 8 R I D G E N 0. 2 4 r Project Development f~' Enzrcronmental O N S R - 14 0 r Q Analysis Branch OVER HALLS CREEK PASOUOTANK COUNTY, NORTH CAROLINA TIP PROJECT B-4222 PFt4JECT ~CCATICSN s C 1 ~~'`~~'~ .~ North Carolina Department of °~; Transportation `~ ;j Z}ivision of Highways ~~. Q> Project .Development ~ Environmental ~,~' Analysis Branch M ~~~~~ ~ `00-YEAR ~-LOOD PLAN BRIC~GE NO. 2Q o~, ~ ~ a~O OuER HAL,.~ cR~~~c PASOUO~`AIvK COUh~TY. NORTH CAROLNA TIP PROJ~C" B-8222 SCALE IN M{LES 1 Q APPENDIX United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 276363726 August 10, 2001 ~\J Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh,lvTC ??699-1548 Deaz Mr. Gilmore: li {~. .~ AU6 i 5' 2001 D1Vk;",JM OF N!~'IWAYS r„_ _, Thank you for your June 21, 2001 request for information from the U.S. Fish and Wildlife Service (Service) on the potential environmental impacts of proposed bridge replacements in Hyde and Pasquotank Counties, North Carolina. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-667d) and Section 7 ofthe Endangered Species Act~(ESA) of 1973, as amended (16 U.S.C. 1531-1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Cazolina Department of Transportation (NCDOT) proposes to replace the following bridge structures: 1. B-3858 Bridge No. 6 on SR 1110 over Canal; and, 2. B-4222 Bridge No. 24 on SR 1140 over Halls Creek. i`he following recommendations are provided to assist you in your planning process and to facilitate a thorough and timely review of the project. Generally, the Service recommends that wetland impacts. be avoided and minimized to the maximum extent practical as outlined in Section 404 .(b)(1) of the Clean Water Act Amendments of 1977. In regazd to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed azeas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed,and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. The National Wetlands Inventory (NWI) maps of the Middletown and Nixonton 7.5 Minute Quadrangles show wetland resources in the specific work areas. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. Therefore, in addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action. 1. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the~National Wetlands Inventory. Wetland boundaries should be determined by using the 1987 Corers of Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps). 2. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The document presents a number of scenarios for replacing each bridge, ranging from in-place to relocation, with on-site and off-site detours. The Service recommends that each bridge be replaced on the existing alignment with an off-site detour. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that aze known to occur in Hyde and Pasquotank Counties. The Service recommends that habitat requirements for the listed species be compazed with the available habitats at the respective project sites. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be performed. Environmental documentation that includes survey methodologies, results, and NCDOT's recommendations based on those results, should be provided to this office for review and comment. FSC's aze those plant and animal species for which the Service remains concerned, but further biological reseazch and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regazding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, %~ , r. Gazland B. Pazdue Ecological Services Supervisor Enclosures cc: COE, Washington, NC (Michael F. Bell) NCDWQ, Raleigh, NC (John Hennessey) NCDNR, Creedmoor, NC (David Cox) FWS/R4:TMcCartney:T1VI:08/10/01:919/856-4520 extension 32:~2bdghyde.pas .~`"`~ ~``~ti v ~ 'pn i .,e +~~ j'~res w ~ rf~ J\ ~ ~ V~ ~~~ William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Cazolina. 27699-1548 Attention: Ms. Theresa EllerbY. Project Development En ineer Deaz Mr. Gilmore, ~~~ v~o JUG 1 ~ 2001 p`~ t?F ~r :YS ~a'`~ r~~.,~.~ n~~`~~SJ This responds to your June 21, 2001, request for the National Marine Fisheries Service's (NMFS) input on the proposed replacement of Bridges Nos. 6 (B-3858)and 24 (B-4222) by the North Carolina Department of Transportation (NCDOT) in Hyde and Pasquotank Counties, North Carolina. Bridge No. 6 cross a canal that flows into Wysocking Bay a tributary of the Pamlico Sound and Bridge No 24 crosses the Little Rivera tributary of the Albemarle Sound. These waters and wetlands provide habitat for anadromous fishery resources for which the NMFS is responsible. The NMFS recognizes the NCDOT's efforts to minimize losses of wetland and avoid impediments to upstream migration of anadromous fishes by replacing bridges with bridges. We also note the commitment to a seasonal restriction on work in waters that provide anadromous fish spawning and nursery habitat. Generally the spawning and nursery season for anadromous fishes in North Cazolina's coastal river is between February 1 and Mazch 31. For specific information on anadromous fish spawning and nursery sites within the project areas and appropriate seasonal restrictions, we recommend coordination with the North Cazolina Division of Marine Fisheries and/or the Wildlife Resources Commission. If detours are required during bridge construction to maintain traffic flow, off-site detours are preferable because they avoids and minimizes impacts to wetlands. If onsite detour are necessary, we recommend the use of a temporary bridge rather than temporary fill in wetlands. Our recent experience with temporary fills for construction access, indicates that subsidence of wetlands is likely, making onsite restoration of impacted wetlands difficult. If unavoidable losses of wetland are identified in the Categorical Exclusion for these projects, appropriate mitigation should be considered as a part of the project plans. In addition, demolition of the existing bridges, should follow the Bridge Demolition Guidelines developed by the NCDOT in cooperatively with the Corps of Engineers and the State and Federal resource agencies. Finally, these comments do not satisfy federal action agencies consultation responsibilities under Section 7 ofthe Endangered Species Act of 1973, as amended. Ifany activity(ies) "may effect" listed ~~ t ®Printed on Recycled Paper s4v, y~a ~Md`r UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 July 11, 2001 s• _~' species and habitats under NMFS purview, consultation should be initiated with the NMFS, Protected Resources Division at 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432. Please direct related comments or questions to the attention of the Beaufort Facility which can be reached at 101 Pivers Island Rd, Beaufort, North Carolina 28516, or at (252) 728-5090. Sincerely, / on ~~~ Ron Sechler Fishery Biologist Beaufort Facility cc: FWS, Raleigh, NC EPA, ATLA, GA NCDMF NCWRC F/SER4 F/SER45 ® ~ ~ ~•~-Ln tlarolina ~~'ii~ii~~ P~~s:~ur ces Commission Charles R Fullwood, Executive Director TO: Derrick Weaver Project Development Fngvneer, NCDOT FROM: David Cox, Highway Project Coor~tor Habitat Conservation Program ' ~~ DATE: March 18, 2002 SUBJECT: NCDOT Bridge Replacements in Hyde, Nash, Pasquotank, and Wayne counties of North Carolina. TIP Nos. B-3858, B-3681, B-4222, and B-4320. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 . U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: i. We generally prefer spanning structures. Spanning structures usually do not require wca~ within the s~.,am and do n.;t require stream chaanel rzalignme~lt. ihhe horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x 10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain Mailing Addresr. Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 2S 1 • Fax: (919) 715-7643 Bridge Memo 2 March 18, 2002 saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. Tn trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and tmut habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species maybe required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project: 9. In streams that aze used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12,1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. 11. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all haze soil within 15 days of ground disturbing activities to provide long-term erosion control. 13. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 14. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 16..During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. If corrugated metal pipe azches, reinforced concrete pipes, or concrete box culverts aze used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells aze required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This could be s~ Bridge Memo 3 March 18, 2002 accomplished by constructing a low sill on the upstream end of the other cells that will divert iow flows to another cell. This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, notched baffles should be placed in reinforced concrete box culverts at 15 foot intervals to allow for the collection of sediments in the culvert, to reduce flow velocities, and to provide resting places for fish and other aquatic organisms moving through the structure. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, min~*n»e the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the azea that is reclaimed was previously wetlands, NCDOT should restore the azea to wetlands. If successful, the site maybe used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3858 -Hyde County -Bridge No. 6 on SR 1110 over Lake Landing Canal (Grays .Ditch). Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in water work moratorium from February 15 to June 15. We aze not awaze of any threatened of endangered species in the project vicinity. Standazd comments apply. 2. B-3681- Nash County -Bridge No. 277 on SR 1555 over CSX Railroad. No Comment. 3. B-4222 - Pasquotank County -Bridge No. 24 on SR 1140 over Halls Creek. Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratoriwn from February 15 to June 15. We are not aware of any threatened of endangered species in the project vicinity. Standazd comments apply. 4. B-4320-Wayne County -Bridge No. 24 on NC 403 over the Northeast Cape Fear River. Due to the potential for anadromous fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from February 15 to June 15. We are not awaze of any threatened of endangered species in the project vicinity. Standard comments apply. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain t ~ s r~'~ ~ vV q~ L A e~ G or.~' North Carolina Department of Cultural Resources State Historic Preservation Office • David L. S. Brook, Administ<ator Michael F. Easley, Governor Lisbeth C. Evans, Secretary November 7, 2001 Division of Archives and History Jeffrey J. Crow, Director MEMORANDUM To: William D. G~more, Manager PEDA/NCDOT n From David Brook t~~ ~ ~ ~, f ~; Re: Historic Architectural Resources Survey Report, Replace Bridge #24 over Halls Creek, B-4222, Pasquotank Coumy, ER02-7978 We are in receipt of the above referenced report from Mary Pope Fun. The report meets our guidelines and those of the Secretary of the Interior. Having reviewed the report, we concur that the Halls Creek United Methodist Church is not eligible for listing is the National Register of I~istoric Places due to character altering changes since the 1950s. The above comments are offered in accordance with Section 106 of the National I~istoric i reservation Act and the regulations of the Advisory Council on Iistoric Preservation at 36 ~R 800. If you leave any questions concerning this matter, please contact Renee Gledhill- rarley at 919/733-4763. Thank you. r_c: Mary Pope Ftur Loatioa Mailing Address Tekpbone/Fu Administration 507 N. Bbimt St, Raleigh, NC 4617 Mail Servicx Center, Raleigh 27699.4617 (919) 733.4763.733-8653 Restoration 515 N. Blo~mt St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733.6547.715-4801 Snrvey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (919) 733-4763.715-4801 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary Division of Historical Resources David J. Olson, Duector February 25, 2003 I1~iEI~iORc1NDL~I TO: Greg Thorpe, Manager Project Development and Environmental analysis Branch Division of Highwa~-s FRONT: David Brook SUBJECT: Bridge No.24 on SR 114() over Halls Creek, B-4222, Pasquotank County, ER O1- 10078 This letter is in response to a telephone call received on February 21, 2003 requesting clarification regarding the status of this project- These aze ao known sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for listing is the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted is connection with this project Thank you for your cooperation and consideration: If you have questions concerning the above comments, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733- 4763. In all future communication concerning this project, please cite the above referenced tracking number. DB:bjs cc: Teresa Ellerby www.hpo.dcrstate.nc.us Location ~ Mailing ~ddt~ess 'relephone/Faa AD~LL~iIS'i'R~-TION 507 N. Blount St. Raleigh NC 4617 Mail Service Center. Raleigh NC 37699~6I7 (919) 733-4763 •733-8633 RESTOR.~TTON 5 i5 N. Blount St. Raleigh NC 4613 Mail Service Center. Raleigh NC 27699-4613 (919) 733=6547 •715-4801 North Carolina Departrnent of Environment and Natural Resources Division of Coastal Management 1Vrchael F. Easley, Governor Williartnn G. Ross Jr., Secretary Donna D. Moffitt, Director July 26, 2001 Mr. William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch State of North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: Request for Environmental Input for B-3858 and B-4222 Dear Mr. Gilmore, ~~~ NCDENR G~~V E D ~~ 2~~\ zz ~y , as ~ Q~y AR ~~ ~rC~ 'Li ~~EC7 DEV "~ I have reviewed the Department of Transportation's (DOT's) written request for comments dated 6/21/01 and visited the site for the projects referenced above. The proposed replacement of Bridge No. 24 on SR 1140 over Hall's Creek in Pasquotank County, B-4222, would be crossing and impacting Coastal Management Areas of Environmental Concern of Public Trust Waters and Coastal Shoreline. The only alternative presented is to replace the existing bridge with another bridge on the current alignment, with off site detour. A CAMA General Permit would cover the impacts associated «•ith this project provided no significant expansion occurs. Specific conditions of CAMA General Permit 7H .2300 state that the total area of public trust area, estuarine waters, and wetlands to be excavated or filled shall not exceed 2500 square feet except that the wetland component shall not exceed 500 square feet. The proposed replacement of Bridge No. 6 on SR 1110 over the canal in Hyde County, B-3858, would be crossing and impacting Coastal Management Areas of Environmental Concern of Public Trust Waters and Coastal Shoreline. The alternatives presented were; replacing the bridge on the existing alignment with an on site detour, and replacing the bridge to the south and using the existing bridge during construction. Both alternatives would require a CAMA Major Permit. During the permitting process, we may have additional comments on the project's environmental impacts, and may place conditions on the permit to minimize any environmental impacts. The information provided in this letter shall not preclude us from requesting additional information throughout the permitting process, and following normal permitting procedures. Please contact me at (252) 808-2808 or via a-mail at bill.arrinston(a,ncmail.net if you have any questions or concerns. Sincerely, l~1`'y Bill Arringto DOT Project Field Representative Morehead City District \ 151-B Hwy. 24, Hestron Plaza II Ivioretiead City, North Carolina 2857 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us Pint EQUAL OPPORTWTrY \ t1F-rlR\t aTI VE ACTION EMPLOYER - SO°.'e RECYCLED / 10°,~e POST CONSUMER P.~PER v t COMMISSIONERS Matt Wood, Citim~an Samud S. Ihvit, III, ViecC{nianan W.C. Witherspoon Horne G Priochatd, Ss Lloyd H GsifSn, III John Vfl. Kitchen, Sr. Brll T:trebtood 0~4~ aoh~ ~ ~~ m ~ ~~~ COUNTY OF PASQUOTANK Post Office Boz 39 Elizabeth City, North Cazolina 27907-0039 (252)335-0865 Fas (252)335-0866 January 7, 2002 Mr. Derrick Weaver, P.E. Project Development & Environmental Analysis Branch North Cazolina. Department of Transportation 1548 Mail Service Center Raleigh, North Cazolina 27699-1548 Deaz Mr. Weaver: COUNTY MANAGER Randy Keaton COUNTYATTORNEY Brenda Bland White CLERK TO THE BOARD Karen Jenou~gs I am writing on behalf of the Pasquotank County Boazd of Commissioners to express their support for Option A for the Hall's Creek Bridge Replacement Project. The Boazd of Commissioners believes that it is in the best interest of the citizens of our area and the State of North Cazoliua to pursue the least expensive option which will also eliminate the need to take any homes in the azea~ Although this option will close the road for a period of time, the Boazd of Commissioners believes that this will have a minimal disruption for the area. If you need any further information, please do not hesitate to contact me. Sincerely yo ~~ Randy Keaton County Manager RK/ksj p Rs~draPgDer ~~ ~~~ ~ ~~ NCDENR T~ho°9~~.~ °~~ ~ North Carolina Department of Environment and Natural Resource"~T'F.~ Hof Division of Coastal Management ~R~q~~ry Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Sedr ti ~~ ~ z 3 O MEMORANDUM TO: Nicki Thomason, DWQ Wetlands-401 Unit FROM: Lynn W. Mathis, Transportation Projects Coordinator SUBJECT: Application for CAMA Major Permit DATE: May 4, 2005 Attached is an application by the NC Department of Transportation ,which was received by me on April 14, 2005. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact me. LWM/ybc Attachment 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE: Bridge No. 24, over Halls Creek in Pasquotank County is located on SR 1140 (Halls Creek Road), less than'/z mile from the intersection of SR 1140 and SR 1136 (Four Forks Road). Photo Index - 2000: N/A 1995: 1631680 S11 & S121989 & 185: NIA State Plane Coordinates - X: 909 975 Y: 2 796 520 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -October 5, 2004 March 13, 2005 Was Applicant Present -Yes No 5. PROCESSING PROCEDURE: Application Received Complete -April 14, 2005 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Pasquotank County Land Classification From LUP -Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing -None Planned -None (F) Type of Structures: Existing -Bridge Planned -New Bridge (G) Estimated Annual Rate of Erosion: NIA Source -NIA 7. HABITAT DESCRIPTION: [AREA] ~xrnvoT~n FII I Fn OTHER (A) Vegetated Wetlands: Temporary Wetland Impacts - 872sf Permanent Non-coastal Impacts - 262sf 436sf (B) Non-Vegetated Wetlands: Shallow Bottom - 125sf (C) Other:High Ground within the R/W 26,200sf (approx.) (Statutorily Excluded as Development) (D) Total Area Disturbed: 27,895sf (0.64 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No t NCDOT TIP B-4222 April 29, 2005 Page 2 8. PROJECT SUMMARY: The NCDOT proposes to demolish a 68' x 22' bridge over Halls Creek in Pasquotank County and replace it with a 104' x 30' bridge. The site is located on SR 1140 (Halls Creek Road) and will require an off site detour for local traffic. PROJECT SETTING The project site is Bridge No. 24 crossing Halls Creek, a tributary of the Little River. Bridge No. 24 is commonly referred to as the Halls Creek Bridge, and is located on SR 1140 (Halls Creek Road), a minor arterial located southeast of Elizabeth City, in Pasquotank County. The bridge is approximately 900' west of an intersection at SR 1139 (Four Forks Road) and SR 1100 (Nixonton Road). Halls Creek is designated as "Inland" waters with a Water Classification of SC. While navigation under the bridge is not possible the waters adjacent to the bridge are considered as Public Trust Waters, and are subject to the 30' buffer. Constructed in 1952, Halls Creek Bridge is 68' x 22' and elevated approximately 1.5' above normal water level (NWL). Water depths along the bridge vary from two to nine feet with the deepest areas being along the centerline of the creek. No submerged aquatic vegetation was found within the project area. The March 1, 2005, narrative states that the existing bridge is an 8 span structure; however, based on staff review it appears that the bridge is actually a four span structure supported by nine bents (See Attached Photograph Marked Attachment A). The original bridge consisted of a reinforced concrete deck with an asphalt surface supported by timber joists and pilings; however, the end and interior bents were replaced with steel H-beams supported by steel pilings. The original wood pilings were cut off and left in place. Adjacent land uses include a residential mobile home park on the west side of the bridge, and a North Carolina Wildlife Resources Commission Wildlife Commission (NCWRC) boat ramp, a cemetery and a Ruritans Club on the east side. The wooded area on the southeast side of the bridge was identified as a cypress-gum swamp community, and on the northeast as a mixed hardwood community. The sufficiency rating for the bridge is a 9.1 out of a possible 100 and is considered inadequate. The replacement of the Halls Creek Bridge is considered a Federal "Categorical Exclusion" due to the limited scope of the project. Neither the U S Army Corps of Engineers, or the National Marine Fisheries Service considers Halls Creek to be an Essential Fish Habitat. The NCWRC has determined that Halls Creek is a potential spawning site for anadromous fish and is subject to an in water moratorium between February 15~ and June 15~ of each year. f 4 F NCDOT TIP B-4222 April 29, 2005 Page 3 PROJECT DESCRIPTION NCDOT proposes to replace Bridge No. 24, over Hall Creek on SR 1140, and enlarge the structure from 68' x 22' to 104' x 30'. Replacement of the bridge would necessitate closing SR 1140 for approximately four to six months during construction, and establishing an off-site detour. The lengthening of the bridge 36' would result in elevating it to a height of 2.7' above normal water level (NWL), from its current elevation of 1.5' above NWL. It would also include the removal and replacement of approximately 25' of bulkhead located on the southwestern corner, within DOT's right-of--way. The bulkhead would be reconstructed in place, with no shallow bottom fill, or loss of Public Trust Area. Along the northwestern corner of the bridge the shoreline has signs of erosion, and DOT proposes to riprap approximately 25' of shoreline, above normal water level, with 6 square yards of class 1 stone. A concrete flume is also proposed on the northwest corner of the bridge to assist with drainage along the shoulder. If widened as proposed an existing ditch on the northeast side of the bridge approach will have to be relocated. Approximately 24' of the ditch is submerged and considered shallow water habitat that would be filled. The ditch is nine feet wide at its confluence with Halls Creek, tapering to a width of one foot. NCDOT states that the area in the ditch is approximately 105 sf (0.0024ac.), while staff review indicates that the area is closer to 125 sf (0.0028ac.). Relocation of the ditch would involve filling the existing ditch, reestablishing a lateral "V" ditch northeast of its current location; however, DOT does not propose to excavate the new ditch below NWL. Approximately 436 sf (0.01 ac.) of non-coastal wetland fill is proposed along a ditch and low area on the southeastern corner of the bridge. The proposal includes relocating the ditch to accommodate the widening of the bridge, and reestablishing drainage with a lateral "V"ditch. No riprap or erosion control structures are proposed along the waterward side of the new ditches. A gentle sloping grade would be used in conjunction with vegetation to stabilize the adjacent shoreline. A total of approximately 872 sf (0.02ac.) of mechanized clearing in non-coastal wetlands is proposed on the eastern side of the bridge approach,, on both sides of the road. All high ground disturbances will be undertaken within the existing right-of--way (RIVU), and as such, are excluded from the definition of development. Approximately 1,200sf of high ground will be excavated where the bridge will be expanded from 68' to 104'. While not clearly stated it would appear from the drawings that the ground elevation under the bridge will be reduced to that of the adjacent grade on either side of the bridge, at NWL. The remaining high ground disturbance within the right-of-way is approximately 25,000sf. Three utilities (telephone, electric and water) cross Hall Creek and are to be relocated. Telephone and electric are currently aerial lines and the water line is buried. All utilities are to be directionally bored under Halls Creek with no anticipated resource impacts. NCDOT TIP B-4222 April 29, 2005 Page 4 In the narrative, under Bridge Demolition, the applicant states that the existing bridge is an eight span structure; however, based on a field inspection it appears that the bridge is four span structure with nine steel piling supported bents (See Attachment A). Steel "H" pilings with steel caps were placed under the bridge several years ago to give the bridge additional support. The current proposal includes dissembling the bridge in compliance with NCDOT's Best Management Practices for Construction and Maintenance Activities. All components of the bridge would be removed. Existing pilings in and around the bridge will be removed. The NC Wildlife Resources Commission (NCWRC) has requested an in-water moratorium between February 15~ and June 15~. There appears to be no submerged aquatic vegetation impacts associated with the proposed bridge replacement. NCDOT has requested mitigation through the Environmental Enhancement Program (EEP) and the request has been approved. However, the request to offset 0.036 acres of non-coastal wetland impacts does not include the 125 sf of shallow water bottom that would be fill if a permit were issued. The Division of Water Quality issued Stormwater Management Permit No. SW7040406 for the proposed bridge replacement. Approval from the US Coast Guard has also been received by NCDOT for the project. No protected populations were found within the project area; however, habitat was. Based on this finding the biological conclusion was "May Affect, Not Likely to Adversely Affect." This US Fish and Wildlife Service concurred with this finding and submitted written verification. ANTICIPATED IMPACTS • Temporary wetland impacts from mechanized clearing will be approximately 872sf (0.02 ac.). There will be a small amount of wetland vegetation cut or compressed during relocation of utility poles adjacent to the bridge, creating temporary disturbance that is not considered land disturbing activity. Immediate recovery is anticipated. • Approximately 436sf of temporary dewatering in order to install and pour the center bent for the new bridge. • There will be approximately 436sf of permanent wetland impacts associated fill with activities. • There will be approximately 262sf of non-coastal wetland impacts from associated excavation activities. • All high ground disturbances in the project area will be within the existing right-of-way, and will total approximately 26,200sf. • Reestablishment of utilities will be undertaken by directional boring and will result in the temporary disruption of service when moved, but has no resource impacts associated with the relocation. • Temporary turbidity will occur during demolition and construction; however, impacts will be minimal due to the required in-water moratorium between February 15~ and June 15~. NCDOT TIP B-4222 April 29, 2005 Page 5 • Elevating the proposed bridge 1.2' above the existing elevation will create a marginal navigable opening under the new bridge. • The project includes the removal of approximately 1,200sf of old fill under the existing bridge approach. By widening the opening under the proposed bridge upstream, back flow during severe rain events will be reduced. • Based on the drawing there will be no erosion control structure placed along the shoreline, under the bridge, once the old abutments have been removed. However, the application states that the work shall comply with the NCDOT BMP Manual. • The bridge has a sufficiency rating of 9.1 out of a possible 100, and is considered inadequate. The new bridge will provide a safer structure. • There should be no long-term negative impact resulting from the construction of this bridge. Submitted By: Lynn W. Mathis ' ~ • ~, , ; . ., , " ~ Davatopmeni Type FEE DCM X 143001 ti0i 4351000931825 8253 DWQ Y. ' 24300 1602 435100095 2341 1. Private, non-commerdal devetopment that does not Involve 5250 i 0096 (5250} 09° (SO) the Algng or excavatlon of any ' wetlands or open water areas P91~tc ~ eonunerdal development II. ' , that does not Mvoive the Oiling ar 5400 1009. (5400) OY° (SO) excavation of any wetlands or open water areas ~ . III. Far development that invatves the tllUnq and/or excavation of up to 1 sere of weiands and/or open water areas, determine >f A, B, C, or D below applies 111(A). For Private, non~commardal devefapmertt, if General water Quality 5258 i00% (S250) 0°k (SO) CerUtieatlon Na.3301 (sae attached) ' can be apptle~ lil(8): For pubtlc a' mmmerelal development, U General water Quality 5400 100°/. (5400} 09° (SO) CertlflcaUon Na3301 (see attached) can be applied: IU(C~ If Oenerai Water Quality CerUBeaUon Na 3301 {see attached) could be appUad, but DCM staff determined That addiUonaf rovfew and 5400 50% (S240) 40°a (5180 ) writlen DIM1rQ concurrence is needed beeeuae of concerns related to water quality or aquatlcUle: .~ lil{D). If General Water t]uallty Cartlflr,Uan No. 3301 (see attached} S40t) ~~ \ 60~°k (5240) / ~ ` _. 40X (5180) can not be apptled: ~.J ~...~''' IV. Far devehpmtint that involves the fllliny andJot axpvaUan of more 5475 60% (5285} 409° (5190) than one aae of wetlands and/or open water areas: ., ' ~~v e ,~„~, ,`... ~ ~ R r, '~~..,~ STATE OF NORTH CAROLINA DEPARTIVIENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Apri18, 2005 N. C. Dept. of Environment and Natural Resources Division of Coastal Management 1367 U. S. Highway 17 Elizabeth City, NC 27909 ATTENTION: Ms. Lynn Mathis NCDOT Coordinator Dear Madam: _. ... o °~ _ .9~ ~ ~ ~~ c>~9J, ~ °~'~ o `~O ~~ o Q LYNDO ~~ PETT SECR~Y ti ~L~bject: Addressing of Deficiencies in CAMA Major Development Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B-4222. In the previous application dated March 1, 2005, NCDOT failed to describe and quantify how the jurisdictional surface water would be impacted on the eastern approach of the project, on the north side. This area, defined as shallow water bottom, will be filled in order to accommodate wider approach shoulders leading up to a wider bridge structure. This area is approximately 105 square feet in size. At normal water level, the ditch is submerged extending back approximately 24 feet. Where it intersects with Halls Creek, the ditch is 9 feet wide tapering to a width of one foot. No other changes are anticipated from the March 1, 2005 application. Review/ Summary of Impacts to Waters of the United States The majority of the area surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1598 MAIL SERVICE CENTER WEBSITE: lh/yyW.DOH.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1598 r !• r There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. There will be 105 square feet (0.0024 acre) of fill in shallow water bottom on the eastern approach, north side. This fill is a result of widening the approach shoulders to lead up to a wider structure. An updated MP-5 form is also included in this package. Please contact Michael Turchy at maturchyC~dot.state.nc.us or 919 715-1468 for additional questions. Sincerely, ~--~~ - Gregory .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: File e. wR~~. ~~~ .n~~ ww STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVExNOR N. C. Dept. of Environment and Natural Resources Division of Coastal Management 1367 U. S. Highway 17 Elizabeth City, NC 27909 ATTENTION: Ms. Lynn Mathis NCDOT Coordinator Dear Madam: Subject: CAMA Major Development Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B-4222. The project involves the removal and replacement of Bridge Number 24 carrying SR 1140 over Halls Creek in Pasquotank County. Anew bridge approximately 104 feet long and clear width of 30 feet will be constructed to carry SR 1140 over the creek. SR 1140 will be detoured using SR 1141, SR 1144, SR 1139 and SR 1136 for a total detour length of 8.7 miles. The project is shown in the approved Categorical Exclusion and permit drawings. Water Resources March 1, 2005 LYNDO TIPPETT SECRECARY .._.. .-._ -~ P-- ~'.~ ~~ ~j ' - zit j .~> s+: ,.. ~,a K,, , , . y .1 .. The project is located within the 03010205 hydrologic unit of the Pasquotank River Basin. Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the project area and has a best usage classification of C Sw. ~`- MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-733-3141 FAX: 919-715-1501 WEBSITE.' WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC Impacts to Waters of the United States The majority of the area surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. Land Disturbing Activities Bridge No. 24, an 8 span structure, will be replaced with a bridge that only has two spans. In order to accommodate for the larger spans, a larger (taller) girder must be used, thus raising the grade of the bridge. There will be approximately 448 cubic yards of fill placed on high ground to raise the grade approaching the new structure. Also, 51.9 cubic yards of high ground excavation is necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. A timber bulkhead is located in the southwestern portion of the project area. If this bulkhead is in conflict with construction activities, it will be removed and then replaced once the project is complete. Only the portion of the bulkhead that is within the right of way and in conflict with construction activities will be removed, resulting in a maximum removaU replacement of 25'. It will be replaced at the existing location, parallel to Hall's Creek. As the northwestern bank of Hall's Creek in close proximity to a building, 6 square yards of class 1 stone will be used to ensure proper stabilization. No stabilization is necessary under the bridge, as the increased length of the bridge will allow for a lower gradient leading to the abutment of the bridge. ~ ~ Utility Relocation Impacts . ~~~~'~~ ~,nt o.~ Three utilities exist within the project area. On the north, aerial power spans Hall s Creek ~~'~~, tt~ and a water line is buried through Hall's Creek. On the south side of the project, Sprint ~ telephone lines run underground until reaching Hall's Creek where they span aerially. All of the utilities mentioned above will be directionally bored under Hall's Creek. Bridge Demolition Bridge Number 26 is composed of a reinforced concrete deck and railings on timber joists. The bridge has 8 spans and totals 68 feet in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. As stated in "NCDOT Best Management Practices for Construction and Maintenance Activities," because a CAMA permit is required, dropping of any component of a bridge into the water will not be permitted. All components from previous bridges must be removed. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. Avoidance and Minimization The construction of this project has minimized the extent of the built-upon area by using the existing alignment for the widening. Traffic will be maintained using an off site detour. Best management practices (BMP's) will be utilized to minimize water quality impacts. No portion of the project is located in the critical area of the watershed. In compliance with 15A NCAC 02B.0104(m) we have incorporated the use of BMP's in the design of the project. Mitigation Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is understood that the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the EEP transition period ending on June 30, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to jurisdictional waters under the federal Clean Water Act will be provided by the EEP. The offsetting mitigation will derive from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.036 acre of jurisdictional will be offset by compensatory mitigation provided by the EEP program. A letter dated October 26, 2004 from the EEP accepting this mitigation is attached to this application. Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to co-exist with human activities. Federal law (under the provisions of the Endangered Species Act (ESA) of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of ESA § §7 and 9, as amended. As of January 29, 2003, the USFWS lists one federally protected species, the bald eagle (Haliaeetus leucocephalus) for Pasquotank County. Surveys were conducted by NCDOT biologists in May of 2001 and February of 2004. No populations were identified. However, as habitat exists in the project area, the biological conclusion is May Affect, Not Likely to Adversely Affect. The US Fish and Wildlife service concurred with this biological conclusion in the attached letter dated March 11, 2004. Regulatory Approvals The department has obtained a state stormwater management permit (Permit No. SW7040406) for this project. A copy of this permit is included with this application. The department is also in receipt of an exemption of a United States Coast Guard permit, also included with this application. The NCDOT hereby requests that this project be authorized by the issuance of a Coastal Area Management Act Major Development Permit. Please debit the appropriate LAMA Major Development Permit Fee to work order number 33174.1.1. Attached to this cover letter are the completed MP forms along with the appropriate permit drawings, and certified mail "green cards" from the adjacent riparian landowner notifications. The NCDOT has also requested authorization from the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers under separate cover. If you have any questions, please contact Mr. Michael Turchy of my staff at maturchy@dot.state.nc.us or (919) 715-1468. A copy of this permit application will be posted on the DOT website at: http://www.ncdot. org/planning/pe/naturalunit/Permit. html. Sincerely, ! ~--=~ ~ Grego .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: W/attachment Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecome, USACE, Washington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. D. R. Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 Environmental Officer Ms. Beth Harmon, EEP W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Mark Staley, Roadside Environmental Ms. Theresa Ellerby, PDEA Project Planning Engineer _.~Y~V`~1t7d~v.~~V .IaauT~ug nu?uueld ~aafo~d ~'dQd `~q•Taii~ ~sa.zaT~Z •sy~ I~~uau,IUO.Ttnug aprsp~o~ `~fal~~S ~I~~Y~I '~Y~I u~TSaQ ~C~Mq~TH `.~ d `u~ii?Y~IaL~I a-~d lI^I dI.L pug ~uTUiuT~.I~o.Id `u~~inS .I~u.Ip •.Iy~ u~?saQ ~~mp~og `.g.d `~~auuag ~~f •-TL~I ~uaTZlt?a~~~~ o/~ ddb `uouu>?H u~a$ •sL~i 3a~T~~~ IT'~uauTLIO.IIAU$ j LIOISTATQ `SIIj?11(1 ~BI~ ~~ .TaauT~ug j uo?srntQ `•g•d `.Tauuo~ •g •Q •a~ u~TSaQ a.In~an.I~S `'d'd `?~~a~.Iad ~aa J 'zL~I sa?In~.Tp~H ~.~.d `~u~T{~ P?n~Q •-~Y~I ~IQ~N `~aa.I~S ax?Y~I •-~Y~I SdY~II~I `-Ta~aaS uo2l '-~Y~I S11A3SI1 `u~Psof ~J '~Y~I ~2I1Y1~IsI `uosj?m s?n~.IZ '~Y~I q~cal~2i `C~11c1Q `~issauuaH uqo f •-~Y~I uo~~u?T.~s~~ `~~VSIl `auzoaalPp?$ iI?$ •~Y~I Y~I~Q~I~I `uz~u~uT~~?-~$ ~u~~~ sY~I ~uauzga~~~~/~ :a~ T{au~.Ig s?s~j~u~ I~~uauzuo~?nug pug ~uauzdoianaQ ~aaCo.Id .IO~aa.T?Q ~uauza~zu~y~ I~~uauzuo.TTnug ~.Q.ud `adzoT~Z •f o~a.T~ ~~ ~-!~ 1 `~ia.Iaau?S • tuT~u•~tuua~?un1~.In~~u/ad/~u?uu~id/~.zo•~opau•mmm//:d~~T{ :~~ a~?sgam ZpQ aT~~ uo pa~sod aq jj?m uo?~~a?Idde ~?uuad s?q~ ~o ~doa ~ Z# Hdb21JOlOHd L# Hd`dZIJOlOHd s~~~ s~ ~~ ~ ~~~~~G~~ 'I ~i s 1 ~~ ~o~d .~~ So 1 c~-~-ad .~~.~15 =~ ~~ ~- ~a s c,. 1 ,4,~ Y L~ ~ Y5^- l !~ I ~/ ~l `~ ~° ~~ ~-~ ~- ,, i L ~ I ~°~ ,+q~ ~ t' 1 PHOTOGRAPH #4 Taken March 14, 2005, during a low water event. The ditch shown in Photograph #3 is the same ditch shown here with the water 8" below normal, PHOTOGRAPH #3 Taken October 20, 2004, at normal water level. PHOTOGRPH #5 Taken during a low water event on March 14, 2005. While taken at an angle, the actual distance to the water line is eight inches, not nine inches, PHOTOGRAPH #6 PHOTOGRAPH #7 PHOTOGRAPH #8 PHOTOGRAPH #9 PHOTOGRAPH #10 r \•. N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS SCALE .5 0 1 Mile `~ ~ ~ ~ SEE INSET BELdN ` \ M ~ \ ~~ 1 PASQUOTANg COUNTY PRAJECT: 8.2110401 (B-4222) PROPOSED REPLACEMENT OF BRIDGE No. 24 ON SR 1140 OVER rrH,, ALL'S CREEg SHEET ~ OFD 9/29/03 ~ ~ 1 ~\ ,•~: ~ I t}, ~ ~ _ _ ~ ; i . ~ ~ ~ ~ ~ I 1 y ' " ~ l ~~ _ l '~~.~ L I I 25 J ~ ~, . I : ~ ~ . ~ ~ I\ ,~ S ~./~ / / 4 \M1~~ i / 1 ; I I -uY. ~- I /~~ - _ ~- - ~ -~- / ! •""' .'\ /~ / ~ I ~~ _ ..~ / ~ '/~ I _ 1139 1 L~ -~ _ ~~~ r ~~` ~~~:/ ~ -~ ~~'' _~ _ '` SITE _ ~ c'" ~~` ~ ~. a •I ., 3.5 1136' ~ \ I I -w.- = .' -v. _'v' -uw = ~ ~ Is ~reelf.' , t ; • _r ~ : ( -~ -~- ~ _ ~'- r , _ ~- _ -~ \ ~ f ~ \ , ~ ,\ \ ~ -,,,4~-, s ~,~ 1 ~ _ ~ ` ~ ~ ~,~.` .. / 0.- X3.0 I ~ . ->te- 1 ~ ., \ \ ~ i l _ n - -.w. ~ G~ ~ - L' ~ I i ~ ,..~ ~ i~~ ~- II ~ 5 ~ y:,- -'~ _ ~ qi ~ ~ 1 I ,.. ~ `~."l~ ~~ ~-`-~.~ \ : ~ ~ (~ x3.0 ~~ C ~ -::r.~ ~ ~' ~2; ~ ~' ~ ~, • '" ~:~ o • 1140 -,- ~ , __ I ~ , ~- ` \. I G~~ '~ ~ ~`.. II \ ~ J : •Nixonton x1.5 ~ .~ ~ ~~- ~ , ~`.. 1 ) k. _ .I N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANR COUNTY PROJECT: 8.2110401 tB-4222) PROPOSED REPLACEMENT OF 1000 0 2000 BRIDGE No.24 ON SR 1140 OVER HALLS CREEK SHEET ~ OF ~ 9/ 29/ 03 LEGEND r --•WLB---- WETLAND BOUNDARY W~~' - -. ~ ~ ~; WETLAND -- WLB~ ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ®DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER * ~.* DENOTES MECHANIZED .` «" *'" ~ CLEARING E- E--- FLOW DIRECTION TZ~ TOP OF BANK -••-•WE•-••- EDGE OF WATER _- ~-- PROP. LIMIT OF CUT -- F-- PROP. LIMIT OF FILL -~- PROP, RIGHT OF WAY -- NG--- NATURAL GROUND - - P~- - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT - PDE- PERMANENT DRAINAGE EASEMENT -•EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY -•EPB-- EXIST. ENDANGERED PLANT BOUNDARY -..-~••-••-••- WATER SURFACE XXXXX BOULDER - - - COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) SINGLE TREE -~-~'~-r`• •~---~'-~ W 00 D S L I N E ^ DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN LIVE STAKES N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANK COUNTY PROJECT: 8.2110.401 (B-~222) PROPOSED REPLACEMENT OF BRIDGE No. 2.4 ON SR 110 OVER HALL'S CREEg SHEET ~ OF ~ 9I' 29/03 10-28-'04 14:37 FF30M-DENS EEP 9197152001 T-150 P06 U-329 `~.~, ~~ - St~~l7. PRa~rtaAn October 2b, 2004 Mr. 8i11 Biddlecame U. S. Army Carps of Engineers Washington Regulatory Field Office Pas# Office Bax 1000 VtTashington, North Carolina 278$9-1000 L7ear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: 84222, Bridge 24 over Hall's Creek, Pasquatank County Cataloging Unit 03010205 (Pasquotank), Narthem Cuter Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) proposes to provide preservation to compensate for the unavoidable OA3b acre of riverine wetland impacts of the subject project in the following manner: VV~etland Preservarion„~10:1) in same eca-re 'on ((}.3ti acre) Roanoke River -- Cashie Site, Bertie County The subject TIP project is listed in Exhibit 2 of the Memorandum ol'Agreement among the North Carolina Department of Environment arad Natural Resources, the North Carolina 13epartnrient ofTransportation, and the U. S. Army Corps of Engineers,'W"ilmington District dated July 22, 2003. The compensatory mitigation for the,project rzrill be provided in accordance with Section I~,. EEP Transition period, of the Agreement. If you have any questions or need additional information, please contact Ms, Beth Harman at (919) 71 ~-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Nature! Environment, NCDpT John Hennessy, Division of Water Quality, Wetlands/401 1.7nit File; 8-4222 ~~~ V"1' ~~~~r.w +4~."~ 4N ~aA :~N.~-'/rr~.4/~ ~a. ~ J. r~~L 1., ~1'MM'i. M'~v'.~ ~../L'V~' ~ il+~. ~.~,~4,~h~~ ~M,.- North Carolina Ecosystem Enhancement Program, ib5t Mail Service Center, Raleigh, NC 11699-1b52 / 919~7i5-447b / www nceep.net OCT-28-2D84 THU 14:08 TEL:9197336893 NAME:DWQ-WETLANDS P. 6 MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION October 22, 2004 .~~o, ~~ ~m~ ~12 .~~~. Mr. William D. Gilmore, P.E., Transition Manager Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: Q~c~~oe~~ OCT 2 6 2004 DENR -WATER QUALITY YMETW~DS AND STORMWATER BRANCH LYNDO TIPPETT SECRETARY Subject: Proposed replacement of Bridge No. 24 over Hall's Creek on SR 1140 in Pasquotank County, Division 1. Federal Project No. BRZ-1140(2), State Project No. 8.2110401, T.I.P. No. B-4222. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA} signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation proposes to remove and replace Bridge Number 24 carrying SR 1140 over Hall's Creek in Pasquotank County. Anew bridge approximately 104 feet long will be constructed to carry SR 1140 over the floodplain and creek. The bridge will be replaced using an off site detour. RESOURCES UNDER THE. JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible. We propose to provide compensatory mitigation for the jurisdictional wetland impacts by using the EEP program. We estimate that there will be impacts to 0.036 acre of Cypress-Gum Swamp Forest (Blackwater Subtype) wetlands, and no impacts to jurisdictional perennial streams or riparian buffers. The project is located in the Northern Outer Coastal Plain Physiographic Province within the 03010205 hydrologic unit of the Pasquotank River Basin. Please send the letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. The current let date for the project is April 19, 2005. If you have any. questions or need additional information please contact Michael Turchy at maturchy~,dot.state.nc.us or (919) 715 - 1468. Sincerely, ~- „~Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch cc: w/attachment John Hennessy, NCDWQ Nicole Thompson, NCDWQ Bill Biddlecome, ACOE Cathy Brittingham, NCDCM Lynn Mathis, NCDCM Bruce Ellis, NCDOT Omar S. Sultan, NCDOT, Program Management Smith, Laurie P. CFA, NCDOT, Program Management United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 August 10, 2001 Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Gilmore: osvya3 ~ 0.5 `Z c~u~n~ M 5 ~0! Thank you for your June 21, 2001 request for information from the U.S. Fish and Wildlife Service (Service) on the potential environmental impacts of proposed bridge replacements. in Hyde and Pasquotank Counties, North Carolina. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) . (16 U.S.C. 661-667d) and Section 7 ofthe Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to replace the. following bridge structures: 1. B-3858 Bridge No. 6 on SR 1110 over Canal; and, 2. B-4222 Bridge No. 24 on SR 1140 over Halls Creek. The following recommendations are provided to assist you in your planning process and to facilitate a thorough and timely review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. The National Wetlands Inventory (NWI) maps of the Middletown and Nixontc~.7.5 Minute Quadrangles show wetland resources in the specific work areas. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. Therefore, in addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory. Wetland boundaries should be determined by using the 1987 Corps of Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps). 2. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The document presents a number of scenarios for replacing each bridge, ranging from in-place to relocation, with on-site and off-site detours. The Service recommends that each bridge be. replaced on the existing alignment with an off-site detour. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that are known to occur in Hyde and Pasquotank Counties. The Service recommends that habitat requirements for the listed species be compared with the available habitats at the respective project sites. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be performed. Environmental documentation that includes survey methodologies, results, and NCDOT's recommendations based on those results, should be provided to this office for review and comment. FSC's are those plant and animal species for which the Service remains concerned, but further biological research and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, i V " ~-z-~-~`~' r. Garland B. Pardue Ecological Services Supervisor Enclosures cc: COE, Washington, NC (Michael F. Bell) NCDWQ, Raleigh, NC (John Hennessey) / NCDNR, Creedmoor, NC (David Cox) FWS/R4:TMcCartney:TM:08/10/01:919/856-4520 extension 32:~2bdghyde.pas COiI~IMON NAME SCIENTIFIC NAME STATUS Conferva pondweed Spiked medusa Potamogeton confervoides FSC Sandhills pyxie-moss Pteroglossaspis ecriStata FSC Awned meadowbeaut Pyxidanthera barbulata var. brevifolia FSC y Michaux's sumac Rhexia aristosa FSC Alabama beaksed e g Rhus michauxii Rhynchospora crinipes Endangered American chaffseed Spring-flowerin oldenrod g g Schwalbea americana FSC Endangered Pickering's dawnflower Solidago verna Stylisma pickeringii var. pickeringii FSC FSC Carolina aspholdel Roughleaf yellow-eyed grass Tofieldia glabra X FSC yris scabrifolia FSC HYDE COUNTY Vertebrates American alligator Red wolf Alligator mississippiensis T(S/A) Loggerhead sea turtle Canis rufus Caretta caretta EXP Piping plover Green sea turtle Charadrius melodus Threatened Threatened Leatherback sea turtle. Chelonia mydas Dermochelys coriacea Threatened* Hawksbill sea turtle Peregrine falcon Eretomochelys imbricata Endangered Endan eyed g Bald eagle Falco peregrinus anatum Endangered Black rail Haliaeetus leucocephalus Threatened Kemp's ridley sea turtle Laterallus jamaicensis Lepidochelys kempii FSC Red-cockaded woodpecker Picoides borealis Endangered Manatee Trichechus manatus Endangered Endangered Vascular Plants Sensitive jointvetch Seabeach amaranth Aeschynomene virginica Threatened Dune blue curls Amaranthus pumilus Threatened Trichostema sp. 1 FSC* II~EDELL COUNTY Vertebrates Bog turtle Alleghany woodrat Clemmys muhlenbergii T(S/A)' Neotoma magister FSC Vascular Plants Tall larkspur Heller's trefoil Delphinium exaltatum FSC* Lotus helleri FSC January 1 S, 1999 _ . Page 14 of 49 J ~' ~` µ~4 ww STATE OF NORTH CAROLINA DEPARTMEN~C OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Mr. William D. Gilmore, P.E., Transition Manager Ecosystem Enhancement Program October 22, 2004 LYNDO TIPPETT SECRETARY Q~c~~ae~~ OCT 2 2 2004 1652 Mail Service Center DENR - WATER QUALITY Raleigh, NC 27699-1652 Wr~wros~osTORMw~T~R Dear Sir: Subject: Proposed replacement of Bridge No. 24 over Hall's Creek on SR 1140 in Pasquotank County, Division 1. Federal Project No. BRZ-1140(2), State Project No. 8.2110401, T.I.P. No. B-4222. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation proposes to remove and replace Bridge Number 24 carrying SR 1140 over Hall's Creek in Pasquotank County. Anew bridge approximately 104 feet long will be constructed to carry SR 1140 over the floodplain and creek. The bridge will be replaced using an off site detour. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible. We propose to provide compensatory mitigation for the jurisdictional wetland impacts by using the EEP program. We estimate that there will be impacts to 0.036 acre of Cypress-Gum Swamp Forest (Blackwater Subtype) wetlands, and no impacts to jurisdictional perennial streams or riparian buffers. The project is located in the Northern Outer .Coastal Plain Physiographic Province within the 03010205 hydrologic unit of the Pasquotank River Basin. Flease send the letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. The current let date for the project is April 19, 2005. a If you have any questions or need additional information please contact Michael Turchy at maturchySa~dot.state.nc.us or (919) 715 - 1468. Sincerely, ~- „~Gregory J. Thorpe, Ph.D.,. Environmental Management Director Project Development & Environmental Analysis Branch cc: w/attachment John Hennessy, NCDWQ Nicole Thompson, NCDWQ Bill Biddlecome, ACOE Cathy Brittingham, NCDCM Lynn Mathis, NCDCM Bruce Ellis, NCDOT Omar S. Sultan, NCDOT, Program Management Smith, Laurie P. CPA, NCDOT, Program Management ~e f a gn\64222_ds_permpsh.dgn ~~ i rr i i N N D D + + ~~ ~N -i -.~ 00 V1 N --~ -i D D W W t t O O ~~ ~ z ~ i N m n r v ~ •. > IT7 ~ -+ --I 0 o'~D ~~r a my $ °<D ~ 3 O R~ s ~ n 2 ~~ o rt ~$= H V ~ O ~ - r 7 0 ±i G Q , ~~ A_ ~ C n ~ ,~ rt~v m O m O ~ D ~ _ o~r a~ ~ c "=W X o v 0 N 5 o b i rt ', r N a 6~ r -t r R s R1 TI tR R R R . rn ~ ~ r O v m m -n z z v r=v 0 0 ~" r m c->m zm mo z rN ~t/~ zO -r m -+ a~ ~m AN ccmi, ~m rx n an z~ A ~x za v~ am a v< Nr r,~ z cnn my -i m o z ~~ v z as -a ~ m ~ N a Q ~~ ~ ~ ~~ ~ ^ r_ _ \ ~ \ ~~~ :J'~ 1 t ooQpO. mm lO oooo~ - - I ~mi~ / ~~ I ° >r I , ,D~ ~ I I ~~ I 1 ~ o ° t '• i / ~, ~N ~~ _ ~q ~~ ~~ ~ x ^ 1 o ~ nrn C y ~~ ~ rnv, ~~ v ~ ~ a ~~ s . ~ ~ ~. o ~ c m ti Q m •v O rn i 0 v .~ 0 z 0 7 g c~ D m N m :n ~~ ,~ Q ~` ~' O ~~s~c I - - ' '~ ~ ~ y~ 1~,t~r~ I pNS ~i~ f~ y Q ~\ s Z A ~ r ~, ~- w ds+~fr. gm S m~ ~m } v-y m I yr x ~a ~ ~ Gil N . o ~,~, \~ \\ \ ~!_~~ ~~ i ~; ~~ oao ~~~ ~~ .~ ~~- ~~ M:~I 00 O ~' Ja =.~~'~ 0 q ~.' .._,, ~ o r•. ~ ro ~~r' ~~13 r~ f_..~ ~;,;,.. o IAI~I •3;Q: 4tZd~~.des~gn ~L 4v22_ds_parmpsh.ugn Z ~ 1~ y Z 0 Z Z7 O m~ i i r r i i vi cn -1 -i nD + + m ~ ~n ut -1 ~ O O V1 (/1 -i --I D D W W t t rr ~ O O zr ~~ r ~o cc°c n ~ m _ n n r r ~ : ITI Y t ~~ 0 o~D nf~'[- N?e m ~ D ~ ; a u ~m O ~ g "' ~ 40 ~ ~~ _ * I~ o° a to -i D 0 s r ti D m O ~ c ~ O y ~ -y J O G r ~ o ~ n n ~ ~ o~~ K, m '~D m o m ' n ° r ~ ~ o ~I ~ I o ~ x 7 ..5~ ~ ~ ~ ~ a o z o+ c na r J ~ q 10 4 T ~1 -F s ~ « m .~, ~ `~ .tn ~ m ~` o 0 m m p ~ z rn ~ ~ ~Q~! z -I ~i 1 [b/~ `{ In yfgmi m r x -~~ a n ~ zn ~ v< p cn a N ~ ~ ~ Z ~m ~> 0 A 3 m ~ t4 T 4 ` O ~a a a m ~~ ~ a ~ n ~ 3 0 0 9 ~ ~ J 7 ~~Y~ I II II II II 11 i I ~~ ~w~cn~`*° ° ~~ m ~O ~ ~ F m r L I~ri ° z o 1 1 ~ N N m l n c vi 1 Z~l rn ~-I~O~~~ ~r A3*~q II 11 II II III z j~~~W~+l F~ ~j ~ ~ LQ~ N~ 1 1 N ~ m ~rn ~~ C b y Z ~~ O r i rn Z O ~'' n ~,.~ ' X17 1 ,. , a t ~ r 6 '7 ~-1 1 ... !~ N G? I..s N G7 0 CJ~ ~ 1 i 1 1 1 1 I 1 "~~ _ : ~~ I _/ 1 I I 1 I 1 _ 1 1 I ~~ Ir ~ c~~i 1 ~ 2 2 I ~ min i j ,.-~..._~ ~ m ~ (~ ~ O I ~ r~n.3 gyp I ~ ~ o ~ / I-~; 2 Rl ~ X_ ~. I I I ~ ~ I' 111 1 ~ ~ ~~ I ~ ~ I C 1 t, I 1 I 1 I e ' I I i iC ~ a I ~ I 15 Y~ 1 ' I ~y 7 d r 1 /, I ~~_ I ~ I ~___ ) ~ r ~.... ~ ._ .. _ _ a ~ S ~n ~ b~ i _ ~` ` ~ c ~ ~ ; ~ / ~~ 1 ~ ~ ___ II .. .. .. .. .. ` `` I _i , O yT m 00 1 .. '' 1 0 O '{ ~ z ~ o ~` a ~ \ ~~ ~~~~ ~ et a# lei rs:: ; ~+„ ,~ rF Ya. ~7 L w S N (D 0 l I I ''~j OI 1 ___- 1 ~_ \~ 1 / 1 ~~ 1 I 1 i~ 1 I ~/ 1 i, ~a tf~~ ~~~•.~ y.n C1 II j c 4~ h V~ N m 0 0 ~• SSSSSSSSSSSSESES~GNSSSSSSSEES3SSSSS . LL 1 _ « ~.l.. ~i"i-t _i".-~ - L.I-;-~ , ' .Y - , t .- 1-`t r:.t-i- - , '' t ~ . . _ _Y? ~. J ..f ~ ~ 1 T ]]] j it ' r . ' _ ._ _ ~ _ . .-~ -`-- -- --i' _ - - t_... _ _ ., , ... ` , ., ' . : ~ _ ' } _i. _ : , I~ t - ._. 1• . ~ i- F . J ~iL. LL L` L~ _L .. _ ~ ~ . .! s _ _ - - _ . _ . . y..{..1- . J. . _ _ ~ :, ,~ _ . , , : , ~ _. - _ : _ : . _ _ _ _ .~ ". _ ~. ai r ' _ - , ~ f- F ~ - ~ ' j ~ f .. - _ . j... .. _ . _ . .. _ .. -' - -,.... _ .. ...}_ .~~... _F.a `F .;_} _ . :;_} . r-r~ - ~ -; ;'=i--:: _ _ -~- ~-~ f ~+ - _ ~ _L.c.. _ _ - ~!- ~ _ ~~;_ _ ~ te r. _ -w , -t- -1"'fY { '- .. _.. ~_ .. }.. _ . . f ' ' . 1 -f :: .'i"..a . 4y.}-+. '..~ ~. ' _*';-~ ~ _4..«.F -i _f- j :~ _{"t-'i 1 ~1~ .{_ '~ ~ t- . _ _ .:'1 _ _ -1 .. ~' ' _ _ f _ _ -t ' ..... . t .. ... _ ~:: . _ ~ _ .. ~. _ ' .: .. ~..~_:_ ~..}-:.+. _ .:-ti_ ~ t_ ..• ~' ' b .: ~~ ~.. _ L.{-'3-1' ~ ~ i- ' i.. ~'_j(' r _f~ ~' r~ _ ' _ .: _ 't- . ~. ~ - f _ _ ~ : • _ ' , .: ::: ~ _ _ ;' 1 , '- : : .. , ? , ` , - - - ,. ,. . , , : ' '+ +. t, . , } ~ p .! -'. '!' - - - - "f - t-I -~. _ _F:i.±i -~ _ ..i..4' _ , e - -H- . ' , _ , .. ~- Y: ,~ r~1 _ ' ~ ~ - _L, ' ~ , _ _ +}-Fl . f - - _t ' _ '^-.~-r :': ,-t-I-I ,-;-< , : rt _ ..!_ ' i- -1~-r -`t-! - ~ 1 , '-~-'~A , ~ - -i-} - - ,-!- w mi ' gy - ' . .... .. -. ..L ~_ .. _ _ .3-~ ~Z -LLB.}. ~ w _L,F -3 ~ ri-4 . .{-{- , - -1-1-IJ _ L j-, _ ~ t , . .1_l~ _ -j l . p 1 _ _ i _ L _ 1 - - - '.i-L,- ~ ' ~ - ,~{ . ' ''~ -t't'I-f -F':'- , ~i. ''~ t . t-i. . « " . "i 3 : ' i_i { -L -i °:-F '-~- +'}-7 --~- ~ L-t ~ I~ ` ' ~v ~ LL : ~i-a- ~ +' r r ~_ r r . - -LL - fi ~' L _ 1., -f't ~ - ~ - : ~ -:-!-}-«. ~ t r' i , ~ r T -t- ~ ~ - » -t . - - _ _r L _'1'i-r` t ; _ - ' -.J-J - Y - - ~-f'V . _ _ i..«7- _ -f : ` , ^ _ ND .. , _ _ ... _ F : L y - . _E. - (- _ -L -_ _ _ : ' . ~ Yy: -n . ':: :: j _ , ,- j , ' , _ - _ - . ~~ ~ ~ ' r, _ ~- T ' ~ _ _`- - ~ ~ ~ ~' "~' ~ ~~' N ~ _ I ~ 1 1 I , 1 ' ~ =} ~y +~ i-f- ~ t t : , ' _ 1 f - --l- - ~; ~ l n ; - - t~,r - - _ _ ..L . i-t. 1 - _ _ ~' „ ~ .; _ ' - t .. ! :~. ~ -{ ~ rt ~ ? ~ ~ i -T- + '.. .. ... .... . _ -' .. -: .. -: 1?.;--,.y.. ire-i~- -rs-1-i -#ti-k~- _ "` : - f I ~ - .i_._{'!. i L -l-i- ' ~ - . .u ~ t L._ k ' ` ~ -t ~~,. ' - :. ' .:: ' ' v 2 t . .. .. _._ _ ... _!. _ ._ . .. . i- - _ .. - _ . _._ _~.1. . -}- ~ _ . . .~ . . . . _ .., .... .. _..:-i.i--t.:.{_._ ~.i..l-. . _r...1_:...... : t' -F;-t.., _ -o--i-. a...}.i..r.._ ~ .. , r .1.;.' ~._t:.. -.-i-:~ _ T i ,.1 ' _ v T ~' ,1 ~ ;n _ -l i..{ i-i- _} ' J-i~.i !_! ~'1_' ~ _ ~ - .~ i --i " ' f-' ± i~_t_ _ _ IJ.! .51. y--r-c i-a: ; ~ _ -~ ~ _ _ -~T- ' ' _ _ }}~~ _ - __ 4 ~y 1 _ ~.~-1. 1 ~ Cy 1 ' 'f - '~C1_ _ _ 7 ~_ _ -t ! _ .. "7 ,..1 -1- _ r.. ' .... . .~- .._ . ~ _ ` _ _ _ _ .. t .. _ { _ . ..L : ...F: i ,;~ .:_ r _t..-t . : y . ,+~-,- : i-?-f -}', , ~' -2'{ -r .: » ,-'-rte'..-}- , r ° . ~' ! ' , -F~-f-;- _ - -r : ~ - ~ - - ~_r.~ •-~S}- ~_1 ' f-r.: : ~-r '- ° "i- _ ~ _d_i- ..t_1 1-r- _i ' - !,~`W F_ - .tt... °'r1_ ~ _ ^ .: T_ "!- .';-r_. _ (A _ ~•. _ : rt _ ~ p - ~I ~ J .. !'I _ .. L~ ..{ . }- ...~ .:.~-~-r ... - - _ .: ~ . {.. _ _ _ _ _ ~ .'!. _f_ ~~ '~- r ... _ $ _ _ ... :.. d_ . ~. _ - - _ - :. _ .1. i_. ~ -t -f_ -i-i-f-!- ..t_r.t. ..r~ _ yy i.--s-i- ~ : f ~ : !+;~ _ ~+ ~Tt ~ ..« +-«.r+ -I 7 - 'r - '-•F=-}' t '-}-F- ..i_~.!.; :' 7..«{- ., ',- _F. ..i_~. -_r _i_ ..f _ r-' .d-' _ .~~_ _ _ -'j_}_ _ ~.ra_ }- r - !. .f j ~. .. ~ ~~ ~ 7-r~ - - ~• - ~ ° ~.7',~_ _ q N m - ~ . _ .T_i }_ _ _L~ ~ .': _ ` _ _ L.. . _ _ _ _ ~ t : ' .. - - - - ~ ~ ~ - ' .. ..j... L ..+f.y_L ..f..i-i-' - .~~~~1_ ~ - ~_t 12 - a.7.'. -}-. ~. ~- ~ ,-+l h VI - - - - - - i r I- - , : 000 ~ + ' + ~-f- ~ } _ „ ~ ;; - _ ~ ;, ::.: , - _ .. - r _.. J : ' --• - , - .: r _ : , T :. .: r. 0 O ~ _ i ~ _ Z ~ r rn : , _ ' 'r a. i 7 .. f ~ _ ~ -~_i..i.. _ _ .. _ _ _ _ _ _ t L.~ 9 a ~ i Lr 1. ' r~ ~ i ..~ . ~ r. - "!_r. _ r ~ _ _ ..L ~ - _ ~ ~ -, . .: .: . • , . , ' ~ , i - .. _ .. _ .. _ . . . . ... ... _ . . _ - _ .. ... " .. -:_ .. - T, f ..t-t. _~.. ...} ~ ~~ ~~ ~f ~~ ~f U ~~ ~~ ~f ~ -t"h ' Y' _: '' '~' ~.. ~ 'r'-^ ' >'~'~. ~ .T'-Y' y' -f , _ {"Y- . ..{- - ~ {-t" _,_ .. - _I_{-' « - -t ... _ _ , k.. _ _1-{-1 _ _ . ,- - J- . _ ~: _ .'t-r. - -,.L -e_ : - _ _ _ ~~ _ - _ _ _ _ _ - ~ _r. - _ , ..- I Y_• .` . . .. ..__ .. _.. _ _ _ .., !! - yj .. .. _ _ _ _ . _... . . ~ '. VX ...~ .. ... .y _ ^ _ -} ~ V ~ ^ N .1 - _ . r ri.. ~Y i- - :~. _ J-Z. -i ' ~- _ . L _ .jam }-,.: _ - i l. .. h - - _ •_ ,._ - { _ i _ ~ ~ - - - - - - -I ;~ ~ , : - - -#- - .-k µ~ - :r - .,..:: ~ ' , : , _.. , :..: ., :.. ., : :. , :: ` , t , j~ - - - - ~ - - ~ - - ~_ i .i.-{ `.i _:-:-+J_ -rY -:-3. ~ t r , , , ~! (Y J~J_}, - _ _ '-I- 1.1 : ' Imo' . 1 ..Y _ ~ . . ..}.. -. __ . _ ..1.... .. { .....jj ... . { ...{.. 1 . _ .. ~. - .. { _ . i. - .. ... ~. ~ _ .7 .. ~ .~.... .. _a_~ i.. . . . - _ ... _ .. - ... .......r..I.. _t.t.a.l.. ' ;- _:.. :: T : Y t ~ ...-.._..j.......:: , -• •.. .. .~..a- -3..L. ..a.w..-.__ t- ..;.....a.Y. ;...-,_ ' .~..!- ..~ _: . ..a -.. r . .a ~-i ! : .'-Ft_', - »±.:L rt : . ~-..»'f {y- - - .1-3 i~. _ .r : t-;. _~ y _ .} i),~r l..i.. ' ..L -~-s..4 ~q.»- i - ~3, d_ t. ~ ' ..j..}.. ..}-:'-t .: f .s•l.s. - _ _ {L ~ '~- . -!"~ ' '-}: r.~..L . y_L _q..• ~ .{ '~.. ,~ _t t.r< :'~~ {_ : !-1-.':`f'r .}_t .~.. " .~_ r' F.1..~. `_ ..a S-I-L.-. !.I..#. ..t _ }}~~-f~ }- +i ro_r. . >-ri.{.... ~_t. _t-L f-.. t _ i.. 1_ - . ~ .. { - + 4.... i ..L. j-~i- ~ 1.-1-f-` ~ - _i -t-L ....1 '~.. 1 }- ~ T~ i {~~3_ _ .t..! .S +..r . }:~ f 4 ~ -~ r ~ :. _t f..l..yL - i L .. _ i.: _ _ -t-} t _ F ~~ . .. _ ~ ~ . } t- . -~ i. ~ -' ~ .. '''~ F. 1 `i'h -L- 4L! ; • - _ .. i.i_ ~ - ~•.1.~. + !^i~ ..F ' - - :i - -; - - r f ~~ : : r y.~ ,: ~~ ~~ - -«li:: -Pa.f ~~_ - r r..: ,_~ ...:-Li : „ -i-;-+-f_ - ` TI ."}_"' . '-!"": r '-? ~ TI : Y ._a *_S '~- } T . i_}_ •-• -f..li- : ' -t- - _ i- "i-i.. - . ' t - ~'}^' - . _{' _ _ . 41-1- -i- _ _ . . . . _ .L{ .. _ _ -a . .. . ~ ~ .. .i .. _ }: _ _ _ . _ _}_ . _ :_F : ~.y~y '"7-t' '3y, t ~ . ,. ..~ ,.}-; ° ' }. . _ , „rt , _ , ~ - - L ~_ . ....~ ... r. - - - - - - -}~^-Fa_ _ -I'.. _ _Y~Ti_ ..{- • ' r } ~` 1 LF? - - i~l -r Y ~r. ~ '_F. -i ~_}_ .. , };. _ ~ _ - . 1.. _ ~: ~': :' .: ~~ ~ : : I ~ . ~ _ _ - _ _ } ~ _ + t - _ _ ,. _ '"' ' ~ _ _ ~. ~a_~ ' _ _ _ _ _ _ _ 't. . . ... _ _ .1_ _ .1. . y..} ~-~- ;_{i-1 _ _ .. . . - - ~-a ' t i t '+' _ _ _ _ -LL 4 -y «. f} - _ y _ _ _ ..+.. ... .... ... . _ .. ' . + - __ . +~ ~`- Tom" _ ~ • r c , ~'' , ..i.~-. - 'f.;_ -?-~- 1- ' - jam',.. _ ~ i E: » r ~ _i ~ -E - - - - - - - - - -L, 1.. ~ .+;.; i.t-[. r ~_.t ~ t~ : ' r. T rt~' F he r =!- +. : « ! ' ~ -{ -,-} ;- Y ~ . ? , ' ~ ~ .. _ ' .: ..:. „ ' , o -ti: , ; ¢ ' ~ - - r , --;.{-,. _~;-rte _ ; , ~.. :~~- , -«{-~ I- ; :: ~,+ . ` - '-' ' ' .:-{'. } ''}"I" i -1- -ti'!- -h~'~-} y' ~- - j- t ,_ _tj" ,:. f~. + ..~_ .i-rF ~ ;- - , - - . -~-2- - ~-r - -~ j .i- _ ~ .}, T t~1 p ll 1' .. i 3 ,3' c .. m _ .. t . _ _ _ i.. _t-._._ .; , + Y '. , ; __ . _I. ..._ f' -~ : t L ~,. . ._ S L L .:~ _ : ~ ~ ,~ t~t. i .~~., . ~ 1 tt Y ~.. -r k : ~ Y 1 =c.:l.. -;:t!~... 1 ~-} + ~1 ;-f a .t. ii I-~- ~- ° i . ~r -~ ~ _ - r ~:: •~; ' ~ ~*' • t ~ ': _ f - • +'~ ~« ~ - : , +-•' }-r.l.~. : ~ yt1~~~. - - _ :=k t ~z j" 'i - - -'-~..;. t _ ... ~::i_}.. : w "" rte, Iii ~' . ..L,........-.. { {..... --I_a_.. : ~ ...].. _Y . :. , -... _ L :: : ~ ~ _ _ . ~ . . »_~. . : _ _b.. 1 ~ _i_b . .a..:-;. _ " t.. _ _ _ _ _ ... ' ,-. ~ o ' ' • ~ _ ' .. _ - * ~ _ .~ j y ~ . a... ' .., . . . . z . _ .}. - ~., a. _}-:- ..:~-fa.. r...~_.-. -}-._ -t.....r : 4 " '' - _ _. t «y-.•- ; _ ~-t-: :: :: -~, ", ' ~YFT ,: _ - . ti- r _ = ti_f. : I'-i;- ..1-F -'~_rZ- ~ '-ri-f_ ~ ttY r .: _ - _ ' .'-t» -~.-.1 _}-r'7_ _ , t-~ -_{ . +!-r+~ -t-~-+--'' _ ~ ~ T. f'r't'. n~-r _ r ' , _ ~ _ _ ° _f-{' s - _ '~'i' -r ~"t ~ ..Y +4' - _ -t ~ - - ~-~r- - - - k' ' B "'P .,. i i , s ~ T~ :} '- -i h '..• : , j_~ : ~: ~ , ,_ _ , w- . ~. f-' i-rl-': _ ~=i' . y_ -"}~ - ? _ , r~ y ~ S . J ~. t - - ~ Y ' z ~t $ . _ ... . i;..~ _. ..r..t_c.s _E- y_r..l..{. _..... ,_ -~-f..• .+-p-~ .~..:_, : { ..I.l :-''{'» : , .. ~.. ~ ..f..f {._: _:_3 i-t... i..Yti.. ~ " F f }. 7 -t~~Y _ +j r i_. ~ r~ ' .1 +-r'1_r t. -}^ -f-i_}- r}±+- ~"'_I' ~.. 1_ _ _ ' _ ~ _ '~ _ ~ 7 _ ~1_ _ - _ ~ r. -~- . _ _ _ _ _ ~-} .. A b 3 Z a ..1.. . ,..,....:....,_._t+. ..t. .. :: ...... _,_q.. ..-, -` ,-3-,-.~ -t :_` : r.r... .-..1_ .... , ... ~~..1-r t _ ~_r ..L.~ - -~' - - i-- t - - - r f ~ Z ' z ~~ ~ ~ ~ x ~ i ! I i ~ i p Form I1CM-MP-1 APPLICATIO (To be completed by all applicants) ~'1M1,~V ;_ . ~, ~q`. ~~~`" . . ~ ~; ~ 9y~~,~'9~tc ~~ 2li ~~ ~~ b. City, town, community or landmark °~' 1. APPLICANT Nixonton a. Landowner: Name N. C. Department of Transportation Address 1548 Mail Service Center City Rale~h State NC Zip 27699-1548 Day Phone 919-733-3141 Fax 919-733-9794 b. Authorized Agent: Name Phil Harris. PE Address Same as above City Zip Day Phone Fax c. Project name (if any) B-4222 replacement of Bridge No.24 over Hall's Creek on SR 1140 NOTE: Permit will be issued in name of landowner(s), and/or project name. c. Street address or secondary road number SR 1140 d. Is proposed work within city limits or planning jurisdiction? _ Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay)Hall's Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Remove existing bridge and construct new bridge in same location. An adiacent timber bulkhead may need to be replaced if it is in conflict with construction activities. If the bulkhead is removed, a new bulkhead will be replaced parallel to Halls Creek near the existing structure. State b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Public Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Proposed bridge will be constructed using a "top down" construction method The roadway approaches will be upgraded to current design standards 2. LOCATION OF PROPOSED PROJECT a. County:Pasquotank Revised 03/95 1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL ~~ d. Soil type(s) and texture(s) of tract Dorovan: Typic Medisaprists, Augusta: Aeric Ochraauults, Wahee: Aeric Ochraquults e. Vegetation on tract black gum, bald cypress, red maple, sweetgum, giant cane, blackberry. Ja on nese honeysuckle, maintained residential yazds. f. Man-made features now on tract bridge, residences g. What is the CAMA Land Use Plan land classification Of the site? (Consult the local larui use plan.) X Conservation Transitional Developed Community Rural _ Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional azchaeological assessment been done for the tract? X Yes No If yes, by whom? NCDOT k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of dischazges to waters of the state. (For example, surface runoff, sanitary wastewater, industriaUcommercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. Private wells 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are prefer ed and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or Iocation map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. Revised 03/95 Form DCM-MP-1 t •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name See attached list Address Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $400 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 'L~s' This is the ~ day of , 3~_. Print Name + ~ 5 • ~~ ~~_~ Signature 1'~-~-I'ri.~~ ~~ Landowner or ~thorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-S BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public X Private b. Type of bridge (construction material) Concrete Cored Slab Bridge c. Water body to be crossed by bridge Hall's Creek d. Water depth at the proposed crossing at MLW or 10.7 e. Will proposed bridge replace an existing bridge? X Yes No If yes, (1) Length of existing bridge 68'-0" (2) Width of existing bridge 22' -0" (3) Navigation clearance underneath existing bridge None {1.5') (4) Will all, or a part of, the existing bridge be removed? (Explain) All components of the existing bridge will be removed f. Will proposed bridge replace an existing culvert(s)? Yes X No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) <~ g. Length of proposed bridge 104'-0" h. Width of proposed bridge 30'-0" i. Height of proposed bridge above wetlands 2.7' j. Will the proposed bridge affect existing water flow? Yes X No If yes, explain k. Navigation clearance underneath proposed bridge 2.5 feet 1. Will the proposed bridge affect navigation by reducing or increasing the .existing navigable opening? X Yes No If yes, explain Navigation will be improved by a larger horizontal opening. The number of bents will be reduced from 7 to 1. m. Will the proposed bridge cross wetlands containing no navigable waters? Yes X No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. ti Revised 03/95 Form DCM-MP-S 2. CULVERTS N/A a. Water body in which culvert is to be placed b. Number of culverts proposed c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No ff yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert g. Width of proposed culvert h. Height of the top of the proposed culvert above the MHW or NWL i. Will the proposed culvert affect existing water flow? Yes No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: Coastal Wetlands SAVs X Other Wetlands If yes, (1) Length of area to be excavated 43' (2) Width of area to be excavated T (3) Amount of material to be excavated in cubic yards 22.3 cubic yards- this is the roadside ditch located in the wetland. Will the placement of the proposed bridge or culvert require any highground excavation? X -Yes No ff yes, (1) Length of area to be excavated 100' (2) Width of azea to be excavated 7' (3) Amount of material to be excavated in cubic yards 51.9 cubic yards- this is the roadside ditch located in the upland area. d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal azea Unknown- contractor descrition (2) Dimensions of spoil disposal area j. Wi11 the proposed culvert affect existing navigation potential? Yes No If yes, explain Unknown (3) Do you claim title to the disposal azea? Yes X No If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (2) Width of area to be filled ~22' ~ (3) Purpose of fill Fill used to raise the grade of the bridge. (4) Will the disposal area be available for future maintenance? Yes X No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes X No If yes, give dimension if different from No. 2 above. -_ __ e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? X Yes No ff yes, (1) Length of area to be filled 40 feet (2) Width of area to be filled 7 feet ~4,~ Purpose of fill temporary cofferdam to construct bent for new structure 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No ff yes, explain in detail EEP will be nrovidine comnensatory mitigation for the 0.036 acres of wetland. see attached EEP acceptance letter. b. Will the proposed project require the relocation of any existing utility lines? X Yes _ No If yes, explain in detail Power, Water, and Telephone lines will be moved. They all will be re-installed using directional boring resulting in no jurisdictional impacts. c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail e(2). Will the placement of the proposed bridge or culvert result in any fill (other than excavated material .described in Item d. above) to be placed below MHW or NWL? X Yes No If yes, (1) Length of area to be filled 24 feet (2) Width of area to be filled 9 feet- t_pering to 1-foot Purpose of fill widen approach shoulders leading up to a wider bridge structure. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands SAVs X Other Wetlands ff yes, (1) Length of area to be filled 150' (2) Width of area to be filled 4' (3) Purpose of fill Widen shoulders to approach wider structure. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No ff yes, (1) Length of area to be filled --550' d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? NCDOT High Quality Waters Erosion Control Methods will be used f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Heavy hi~hway construction equipment g. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes,. explain steps that will be taken to lessen environmental impacts. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes, explain in detail 6 square yards of Class 1 stone will be used for stabilization on the north west bank of Hall's Creek. An existins timber bulkhead is located on the south west quadrant of the project. if Revised 03/95 Form DCM-MP-S ~ this timber bulkhead is found to be in conflict with construction activities, this structure will be replaced in the approximate location, parallel to Hall's Creek. ~,~C - -r~P 3,y~~2 Applicant or Project Name Signatike Date L.. Revised 03/95 RECEIVE[ OCT 28 X2'044 October 26, 2004 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: B-4222, Bridge 24 over Hall's Creek, Pasquotank County ,, ,., .. i The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland mitigation for the subject project. Based on the information supplied by you in a letter dated October 22, 2004, the impacts are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain Eco- Region, and are as follows: Riverine Wetland: 0.036 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The wetland mitigation for the subject project will be provided in accordance with this agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Bill Biddlecome, USACE-Washington John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-715-0476 / www.nceep.net ONISI4N OF MI6NWAYS PDEA-0FFiCE OF NATUAIIi. ENVIAONf~E~f PROGRAM October 26, 2004 Mr. Bill Biddlecome U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: <' B-4222, Bridge 24 over Hall's Creek, Pasquotank County Cataloging Unit 03010205 (Pasquotank), Northern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) proposes to provide preservation to compensate for the unavoidable 0.036 acre of riverine wetland impacts of the subject project in the following manner: Wetland Preservation (10:11 in same eco-re ikon (0.36 acre) Roanoke River - Cashie Site, Bertie County The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory mitigation for the project will be provided in accordance with Section IX, EEP Transition Period, of the Agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, !.-~~~.! William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 _ _~ , ©~~ '! ~-.''rM~uY•v.~~'-i.~.•1..> ~-~f /i.LvLg-~v.~,r'}~y:ro,.. xy:S'w"t.~ r': i.-A~•a.y .;i:~ I~~~s~l..Y .~ ..~i.-;~~L% N~.~ENR North Carolina Ecosystem En/hancement Program,1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net U.S. Department of Homeland Security United States Coast Guard Commander United States Coast Guard Fifth Coast Guard District Mr. Gregory J. Thorpe Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Thorpe: IP~~422,L ,~'' 431 Crawford Street Portsmouth, Va. 23704-5004 /~~ Staff Symbol: Oan-b / ~ ~ Phone: (757) 398-6587 Fax: (757) 3 8-6334 Email: tknowles@lantd5.uscg.mil 06 ApG E l ~~~ APR ~ 3. 2C~?3 This is in response to your letter of March 14, 2003, to construct a bridge across Halls Creek, in Pasquotank County, North Carolina. Since this stream at this site is subject to tidal influence, it is considered legally navigable for Bridge Administration purposes. This stream at the crossing site also meets the criteria for advanced approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways are those that are navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways. Your letter and attachments confirmed such conditions exist at this site. Therefore, an individual permit will not be required for this project. The fact that a Coast Guard permit is not required does not relieve you of the responsibility for compliance with the requirements of any other Federal, State, or local agency who may have jurisdiction over any aspect of-the project. If you have any questions regarding this matter, please contact Mr. Terrance Knowles, at the phone number or address shown above. . Sincerely, /' WAVERLY GR ORY, JR. Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District L~ -._. _ - ~_~-. `-y °F `"AT~,~~ RECEI VED r o ~ QPR 26 2004 pp;~~~~~IGNYYAYS . N~It, EN1~ Mr. Gregory Thorpe, PH.D. Departrnent of Transportation 1548 Mail Service Center Raleigh; NC 27699-1548 Michael F. Easley, Govenor William G. Ross, Jr. Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Coleen H. Sullins, Deputy Director Division of Water Quality April 22, 2004 Subject: Permit No. SW7040406 .General Stormwater Permit Hall's Creek Bridge Replacement Pasquotank County Dear Mr. Thorpe: ~~ '~ ~`+. 4yy/ j ~ s~ .~~ ~r;~~ , .,- ~k'Y., ~ ~ ANAL .; The Washington Regional Office received the completed Stormwater Application for the subject project on April 6, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title i5A NCAC 2H.1000. We are forwazding Permit No. SW7040406 dated Apri122, 2004 to the Department of Transportation. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If. any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Cazolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 276 1 1-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer .. .. . ....... .. i .. „_ Page 2 ..,, ... ,»..,. .~~ ,~~~"`~ Mr. Gregory J. Thorpe . ~ ~~ °r ., ~ ~ , a Apri122, 2004 ~. ;: , ~.: If you have any questions or need additional information concerning this matter, please contact y~~ 1VIr. Robert Tankard at (252). 946-6481, extension 233. Sincerely, /c ~~~ ~- Jim ulligan Water C1uality Supervisor Washington Regional Office cc: Pasquotank County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7040406 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE S'I'ORMWATER MAI~TAGEMENT PERMIT _., , GENERAL PERNIIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations . PERMISSION IS HEREBY GRANTED TO Department of Transportation FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the .Division of Water Quality and considered a part of this permit for the Ha11's Creek Bridge located on NCSR 1140 in Pasquotank County, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STi ANDARDS 0.06 acres of new impervious areas are proposed. 2. Approved plans and specifications for projects covered by this .permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the .conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143- 215.1 et.al: ~ . 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon azea. e. Further subdivision of the project area f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 4 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum ,requirements. The' permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person .except after notice to and approval by the Director. The Director may require modification or revocation and, reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this requesf will be considered on its merits, and may or may not be approved. . 8, The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,~regulations, or ordinances which maybe imposed by other government agericies (local, state and federal) which have jurisdiction. Permit issued this the 22nd day of April, 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CONINIISSION ~,-Alan ~fiJ. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7040406 943 Washington Square Mall, Washington, North Carolina 27859 Telephone 252-94G-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 38726 Raleigh, North Carolina 27686~3?26 March 11, 2004 Lindsey Riddick North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear. Mr. Riddick: This letter is in response to your letter of February 24, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department: of Transportation (NCDOT) that the replacement of Bridge No. 24 on 5R 1140 over Halls Creek in ~~ Coim~Tlp Nn. 8-4222) ma affect but is not likely to adversely affect the federally threatened bald eagle (Haliaeetus leucocephalus): 'These commen are provi "e accordance with section 7 of the Endangered Species Act (E5A) of .1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, eagle surveys were conducted at the project site irl May 2001 and February 2004. In a telephone conversation between Mr. Gary Jordan of my staff and Tyler Stanton of NCDOT on March 10, 2004, Mr. Stanton stated that the eagle surveys were limited to a relatively small area that was defined as the project area in the Categorical Exclusion (CE). This defined proj ect area is too limited'to -adequately survey for eagles. When an eagle nest survey is required due to the presence of large water bodies, the surveys should extend, at a .minimum, 0.5 mile from the project limits, and preferably out to 1.0 mile. Your letter includes ~..IH the staterilent "...Due to the lack of trees suitable for ri„~~u-~g:.." ~Hov~ever, both aerial a~:d ground level photographs in the CE reveal suitably sized trees for eagle nesting within 0.5 mile of the project site. The project site is already disturbed, and the project involves replacing an existing bridge with a new bridge on the same alignment. It appears that little, if any, additional tree clearing will occur at the project site. It also appears that the site experiences significant human activity. Given these facts, the Service concurs with your conclusion that the' proposed bridge replacement may affect; but is not likely to adversely affect the bald eagle. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. For future letters requesting concurrence, the Service requests that additional information be .provided. Your letter for this project, for example, should have included the extent of the surveys, whether or not eagles were actually observed, and your rationale for stating that no trees suitable fvr nesting were present. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856- 4520 (Ext. 32). Sincerely, ~~~~~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC ~ ~`~~~23 e~~~ ~- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 4, 2005 MEMORANDUM: 0 ~~~~~ n U TO: Mr. John R. Dorney ~~~ ~ ?(lp5 Environmental Biological Supervisor WAT~ic ~uAUI~ Division of Water Quality M~n~ANDSTORAfWATER6ggN~y FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Bridge No. 24, over Halls Creek, on SR 1140 (Halls Creek Road) Proposed Project: Demolish existing bridge and replace with a 104'x30' bridge Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 25, 2005, to Cathy Brittingham at 1638 Mail Service Center, Raleigh, NC 27699- 1638. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: vrww.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight +~ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE: Bridge No. 24, over Halls Creek in Pasquotank County is located on SR 1140 (Halls Creek Road), less than %2 mile from the intersection of SR 1140 and SR 1136 (Four Forks Road). Photo Index - 2000: N/A 1995: 1631680 S11 & S121989 & 185: N/A State Plane Coordinates - X: 909 975 Y: 2 796 520 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -October 5, 2004 March 13, 2005 Was Applicant Present -Yes No 5. PROCESSING PROCEDURE: Application Received Complete -April 14, 2005 Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Pasquotank County Land Classification From LUP -Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing -None Planned -None (F) Type of Structures: Existing -Bridge Planned -New Bridge (G) Estimated Annual Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] FxravaTl=n FII I Fn OTHER (A) Vegetated Wetlands: Temporary Wetland Impacts - 872sf Permanent Non-coastal Impacts - 262sf 436sf (B) Non-Vegetated Wetlands: Shallow Bottom - 125sf (C) Other:High Ground within the R/W 26,200sf (approx.) (Statutorily Excluded as Development) (D) Total Area Disturbed: 27,895sf (0.64 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No M- NCDOT T1P B-4222 April 29, 2005 Page 2 8. PROJECT SUMMARY: The NCDOT proposes to demolish a 68' x 22' bridge over Halls Creek in Pasquotank County and replace it with a 104' x 30' bridge. The site is located on SR 1140 (Halls Creek Road) and will require an off site detour for local traffic. PROJECT SETTING The project site is Bridge No. 24 crossing Halls Creek, a tributary of the Little River. Bridge No. 24 is commonly referred to as the Halls Creek Bridge, and is located on SR 1140 (Halls Creek Road), a minor arterial located southeast of Elizabeth City, in Pasquotank County. The bridge is approximately 900' west of an intersection at SR 1139 (Four Forks Road) and SR 1100 (Nixonton Road). Halls Creek is designated as "Inland" waters with a Water Classification of SC. While navigation under the bridge is not possible the waters adjacent to the bridge are considered as Public Trust Waters, and are subject to the 30' buffer. Constructed in 1952, Halls Creek Bridge is 68' x 22' and elevated approximately 1.5' above normal water level (NWL). Water depths along the bridge vary from two to nine feet with the deepest areas being along the centerline of the creek. No submerged aquatic vegetation was found within the project area. The March 1, 2005, narrative states that the existing bridge is an 8 span structure; however, based on staff review it appears that the bridge is actually a four span structure supported by nine bents (See Attached Photograph Marked Attachment A). The original bridge consisted of a reinforced concrete deck with an asphalt surface supported by timber joists and pilings; however, the end and interior bents were replaced with steel H-beams supported by steel pilings. The original wood pilings were cut off and left in place. Adjacent land uses include a residential mobile home park on the west side of the bridge, and a North Carolina Wildlife Resources Commission Wildlife Commission (NCWRC) boat ramp, a cemetery and a Ruritans Club on the east side. The wooded area on the southeast side of the bridge was identified as a cypress-gum swamp community, and on the northeast as a mixed hardwood community. The sufficiency rating for the bridge is a 9.1 out of replacement of the Halls Creek Bridge is considered scope of the project. a possible 100 and is considered inadequate. The a Federal "Categorical Exclusion" due to the limited Neither the U S Army Corps of Engineers, or the National Marine Fisheries Service considers Halls Creek to be an Essential Fish Habitat. The NCWRC has determined that Halls Creek is a potential spawning site for anadromous fish and is subject to an in water moratorium between February 15th and June 15th of each year. NCDOT TIP B-4222 April 29, 2005 Page 3 PROJECT DESCRIPTION NCDOT proposes to replace Bridge No. 24, over Hall Creek on SR 1140, and enlarge the structure from 68' x 22' to 104' x 30'. Replacement of the bridge would necessitate closing SR 1140 for approximately four to six months during construction, and establishing an off-site detour. The lengthening of the bridge 36' would result in elevating it to a height of 2.7' above normal water level (NWL), from its current elevation of 1.5' above NWL. It would also include the removal and replacement of approximately 25' of bulkhead located on the southwestern corner, within DOT's right-of--way. The bulkhead would be reconstructed in place, with no shallow bottom fill, or loss of Public Trust Area. Along the northwestern corner of the bridge the shoreline has signs of erosion, and DOT proposes to riprap approximately 25' of shoreline, above normal water level, with 6 square yards of class 1 stone. A concrete flume is also proposed on the northwest corner of the bridge to assist with drainage along the shoulder. If widened as proposed an existing ditch on the northeast side of the bridge approach will have to be relocated. Approximately 24' of the ditch is submerged and considered shallow water habitat that would be filled. The ditch is nine feet wide at its confluence with Halls Creek, tapering to a width of one foot. NCDOT states that the area in the ditch is approximately 105 sf (0.0024ac.), while staff review indicates that the area is closer to 125 sf (0.0028ac.). Relocation of the ditch would involve filling the existing ditch, reestablishing a lateral "V" ditch northeast of its current location; however, DOT does not propose to excavate the new ditch below NWL. Approximately 436 sf (0.01 ac.) of non-coastal wetland fill is proposed along a ditch and low area on the southeastern corner of the bridge. The proposal includes relocating the ditch to accommodate the widening of the bridge, and reestablishing drainage with a lateral "V"ditch. No riprap or erosion control structures are proposed along the waterward side of the new ditches. A gentle sloping grade would be used in conjunction with vegetation to stabilize the adjacent shoreline. A total of approximately 872 sf (0.02ac.) of mechanized clearing in non-coastal wetlands is proposed on the eastern side of the bridge approach, on both sides of the road. All high ground disturbances will be undertaken within the existing right-of-way (R/W), and as such, are excluded from the definition of development. Approximately 1,200sf of high ground will be excavated where the bridge will be expanded from 68' to 104'. While not clearly stated it would appear from the drawings that the ground elevation under the bridge will be reduced to that of the adjacent grade on either side of the bridge, at NWL. The remaining high ground disturbance within the right-of-way is approximately 25,000sf. Three utilities (telephone, electric and water) cross Hall Creek and are to be relocated. Telephone and electric are currently aerial lines and the water line is buried. All utilities are to be directionally bored under Halls Creek with no anticipated resource impacts. NCDOT TIP B-4222 April 29, 2005 Page 4 In the narrative, under Bridge Demolition, the applicant states that the existing bridge is an eight span structure; however, based on a field inspection it appears that the bridge is four span structure with nine steel piling supported bents (See Attachment A). Steel "H" pilings with steel caps were placed under the bridge several years ago to give the bridge additional support. The current proposal includes dissembling the bridge in compliance with NCDOT's Best Management Practices for Construction and Maintenance Activities. All components of the bridge would be removed. Existing pilings in and around the bridge will be removed. The NC Wildlife Resources Commission (NCWRC) has requested an in-water moratorium between February 15~ and June 15~. There appears to be no submerged aquatic vegetation impacts associated with the proposed bridge replacement. NCDOT has requested mitigation through the Environmental Enhancement Program (EEP) and the request has been approved. However, the request to offset 0.036 acres of non-coastal wetland impacts does not include the 125 sf of shallow water bottom that would be fill if a permit were issued. The Division of Water Quality issued Stormwater Management Permit No. SW7040406 for the proposed bridge replacement. Approval from the US Coast Guard has also been received by NCDOT for the project. No protected populations were found within the project area; however, habitat was. Based on this finding the biological conclusion was "May Affect, Not Likely to Adversely Affect." This US Fish and Wildlife Service concurred with this finding and submitted written verification. ANTICIPATED IMPACTS • Temporary wetland impacts from mechanized clearing will be approximately 872sf (0.02 ac.). There will be a small amount of wetland vegetation cut or compressed during relocation of utility poles adjacent to the bridge, creating temporary disturbance that is not considered land disturbing activity. Immediate recovery is anticipated. • Approximately 436sf of temporary dewatering in order to install and pour the center bent for the new bridge. • There will be approximately 436sf of permanent wetland impacts associated fill with activities. • There will be approximately 262sf of non-coastal wetland impacts from associated excavation activities. • All high ground disturbances in the project area will be within the existing right-of-way, and will total approximately 26,200sf. • Reestablishment of utilities will be undertaken by directional boring and will result in the temporary disruption of service when moved, but has no resource impacts associated with the relocation. • Temporary turbidity will occur during demolition and construction; however, impacts will be minimal due to the required in-water moratorium between February 15~ and June 15~. NCDOT TIP B-4222 April 29, 2005 Page 5 • Elevating the proposed bridge 1.2' above the existing elevation will create a marginal navigable opening under the new bridge. • The project includes the removal of approximately 1,200sf of old fill under the existing bridge approach. By widening the opening under the proposed bridge upstream, back flow during severe rain events will be reduced. • Based on the drawing there will be no erosion control structure placed along the shoreline, under the bridge, once the old abutments have been removed. However, the application states that the work shall comply with the NCDOT BMP Manual. • The bridge has a sufficiency rating of 9.1 out of a possible 100, and is considered inadequate. The new bridge will provide a safer structure. • There should be no long-term negative impact resulting from the construction of this bridge. Submitted By: Lynn W. Mathis f , . ~ ~~l i . .. , "' Development Type FEE DCM % 143001601 4351000931825 8253 OWQ Y° 243001602 435100095 2341 1. Actuate, non-corttmsrdal development that does not involve 5250 100% (S250j 0% (SOj the fdOng or excavation of any • ' wetlands or open water areas: PykOc ar commerdat deveopment It. , that does not Mvolve the 80tng or X00 100. {S400j Oda (SO) exeavadon of any wetlands or open . water aroas: . Ill. For development that involves the ' RI{ing andlor excavation of up to 1 acre of wetlands andlor open water areas, determine 1l a 8, C, or D below applies: Itl(j~1}, For Private, non~cammaretal development, if Genarai water Quality 5250 100%(5250) 0°~ (~) Certlfieatlon Nc.3301 (see attached) ' can be appdad: Itl(8)• For ouhtlc or eommerdal development, If Gener~i water Quality 5400 1pp°/. {5400) 0% (SO) Certlticetion No.3301 (sea attached) can be appdad: Ili{C). if General Water Quadty Certlticatlon Na. 3301 {see attached) could be applied, but DCM staff determined that additlonal rovtew and 5400 80% S240 ( ) 40% (S180j writlen DWQ wneurtance )s needed because of concema rotated to water quality or equatle die: .\ 111{D). If General Water Cualily Cartldcatton No. 3301 (see attached) 5400 60% {S{5240} ~ ~ .. 40°k (Sif30) can not be appdad: ~.....~/ IV. Far davelopm~nt that Involves the fildng and/or ezeavatlan of more 5475 60% {5285} 40°/a (S190j than one sae of wetlands andlor open water access , ~a. ~~~ . ~ ~ t r _ :':.. ~~ ~.@~~. STATE OF NORTH CAROLINA DEPARTMF~IT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY Apri18, 2005 N. C. Dept. of Environment and Natural Resources Division of Coastal Management 1367 U. S. Highway 17 Elizabeth City, NC 27909 ATTENTION: Ms. Lynn Mathis NCDOT Coordinator Dear Madam: subject: Addressing of Deficiencies in CAMA Major Development Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B-4222. In the previous application dated March 1, 2005, NCDOT failed to describe and quantify how the jurisdictional surface water would be impacted on the eastern approach of the project, on the north side. This area, defined as shallow water bottom, will be filled in order to accommodate wider approach shoulders leading up to a wider bridge structure. This area is approximately 105 square feet in size. At normal water level, the ditch is submerged extending back approximately 24 feet. Where it intersects with Halls Creek, the ditch is 9 feet wide tapering to a width of one foot. No other changes are anticipated from the March 1, 2005 application. Review/ Summary of Impacts to Waters of the United States The majority of the area surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1598 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATENC.US RALEIGH NC RALEIGH NC 27699-1598 ~=~ There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. There will be 105 square feet (0.0024 acre) of fill in shallow water bottom on the eastern approach, north side. This fill is a result of widening the approach shoulders to lead up to a wider structure. An updated MP-5 form is also included in this package. Please contact Michael Turchy at maturchy@dot.state.nc.us or 919 715-1468 for additional questions. Sincerely, ---..~ ~ Gregory .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: File T'. MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPAR'1~1/IF.NT OF TRANSPORTATION N. C. Dept. of Environment and Natural Resources Division of Coastal Management 1367 U. S. Highway 17 Elizabeth City, NC 27909 ~aSfA7Fa A M.'°"+. ~Q Pry, M~~ March 1, 2005 LYNDO TIPPETT SECRETARY ,. ~.. ~., >__ ,, ~, ..:, - ,. ~~ ~~ ~' :' 2D ^~ . r, ~., - ATTENTION: Ms. Lynn Mathis NCDOT Coordinator Dear Madam: Subject: CAMA Major Development Permit Application for the Replacement of Bridge No. 24 over Halls Creek on SR 1140, Pasquotank County, Federal Aid Project No. BRZ-1140(2); State Project No. 8.2110401; TIP No. B-4222. The project involves the removal and replacement of Bridge Number 24 carrying SR 1140 over Halls Creek in Pasquotank County. Anew bridge approximately 104 feet long and clear width of 30 feet will be constructed to carry SR 1140 over the creek. SR 1140 will be detoured using SR 1141, SR 1144, SR 1139 and SR 1136 for a total detour length of 8.7 miles. The project is shown in the approved Categorical Exclusion and permit drawings. Water Resources The project is located within the 03010205 hydrologic unit of the Pasquotank River Basin. Halls Creek originates north of SR 1144 in Pasquotank County and flows south to its confluence with Little River southeast of the project area and has a best usage classification of C Sw. ~- MAILING ADDRESS: NC DEPARTMENT OP TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1596 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-733-3141 FAX: 919-715-1501 WEBSlTE: WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC Impacts to Waters of the United States The majority of the area surrounding the current SR 1140 and bridge No. 24 is comprised of a residential community with wetlands adjacent to the project. Outlined below are the proposed land and water disturbing activities: There will be 0.01 acres of fill in wetlands due to the proposed activity. This fill is a result of widening the approach shoulders to lead up to a wider bridge. There will be 0.006 acres of wetland excavation necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. There will be 0.02 acres of mechanized clearing in wetlands to accommodate for construction activities, providing the unobstructed movement of heavy equipment. There is also 0.01 acres of temporary dewatering of Hall's Creek due to the need for a temporary cofferdam to construct the bent supporting the new structure. Land Disturbing Activities Bridge No. 24, an 8 span structure, will be replaced with a bridge that only has two spans. In order to accommodate for the larger spans, a larger (taller) girder must be used, thus raising the grade of the bridge. There will be approximately 448 cubic yards of fill placed on high ground to raise the grade approaching the new structure. Also, 51.9 cubic yards of high ground excavation is necessary to create the new roadside ditches that are being pushed outward as a result of the wider approach shoulders. A timber bulkhead is located in the southwestern portion of the project area. If this bulkhead is in conflict with construction activities, it will be removed and then replaced once the project is complete. Only the portion of the bulkhead that is within the right of way and in conflict with construction activities will be removed, resulting in a maximum removaU replacement of 25'. It will be replaced at the existing location, parallel to Hall's Creek. As the northwestern bank of Hall's Creek in close proximity to a building, 6 square yards of class 1 stone will be used to ensure proper stabilization. No stabilization is necessary under the bridge, as the increased length of the bridge will allow for a lower gradient leading to the abutment of the bridge. ~ ~ Utility Relocation Impacts . ~~~~'~~ ~n~ o ~ Three utilities exist within the project area. On the north, aerial power spans Hall s Creek ~~`~~, t~ti and a water line is buried through Hall's Creek. On the south side of the project, Sprint ~ telephone lines run underground until reaching Hall's Creek where they span aerially. All of the utilities mentioned above will be directionally bored under Hall's Creek. Bridge Demolition Bridge Number 26 is composed of a reinforced concrete deck and railings on timber joists. The bridge has 8 spans and totals 68 feet in length. The original end and interior bents of the substructure were constructed of timber piles and caps and have been replaced with steel H-piles and steel caps. The original timber piles are still in place. As stated in "NCDOT Best Management Practices for Construction and Maintenance Activities," because a CAMA permit is required, dropping of any component of a bridge into the water will not be permitted. All components from previous bridges must be removed. The North Carolina Wildlife Resources Commission (NCWRC) requests a moratorium on in-water work between February 15 and June 15. Because a moratorium applies, this project falls under Case 2 (allowing no in-water work during moratorium periods) of the Best Management Practices for Bridge Demolition and Removal. Avoidance and Minimization The construction of this project has minimized the extent of the built-upon area by using the existing alignment for the widening. Traffic will be maintained using an off site detour. Best management practices (BMP's) will be utilized to minimize water quality impacts. No portion of the project is located in the critical area of the watershed. In compliance with 15A NCAC 02B.0104(m) we have incorporated the use of BMP's in the design of the project. Mitigation Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is understood that the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the EEP transition period ending on June 30, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to jurisdictional waters under the federal Clean Water Act will be provided by the EEP. The offsetting mitigation will derive from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.036 acre of jurisdictional will be offset by compensatory mitigation provided by the EEP program. A letter dated October 26, 2004 from the EEP accepting this mitigation is attached to this application. Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to co-exist with human activities. Federal law (under the provisions of the Endangered Species Act (ESA) of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of ESA §§7 and 9, as amended. As of January 29, 2003, the USFWS lists one federally protected species, the bald eagle (Haliaeetus leucocephalus) for Pasquotank County. Surveys were conducted by NCDOT biologists in May of 2001 and February of 2004. No populations were identified. However, as habitat exists in the project area, the biological conclusion is May Affect, Not Likely to Adversely Affect. The US Fish and Wildlife service concurred with this biological conclusion in the attached letter dated March 11, 2004. Regulatory Approvals The department has obtained a state stormwater management permit (Permit No. SW7040406) for this project. A copy of this permit is included with this application. The department is also in receipt of an exemption of a United States Coast Guard permit, also included with this application. The NCDOT hereby requests that this project be authorized by the issuance of a Coastal Area Management Act Major Development Permit. Please debit the appropriate CAMA Major Development Permit Fee to work order number 33174.1.1. Attached to this cover letter are the completed MP forms along with the appropriate permit drawings, and certified mail "green cards" from the adjacent riparian landowner notifications. The NCDOT has also requested authorization from the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers under separate cover. If you have any questions, please contact Mr. Michael Turchy of my staff at maturchyC~dot.state.nc.us or (919) 715-1468. A copy of this permit application will be posted on the DOT website at: http://www.ncdot.org/planning/pe/naturalunit/Permit.html. Sincerely, d' ~ Grego .Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc: W/attachment Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecome, USACE, Washington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. D. R. Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 Environmental Officer Ms. Beth Harmon, EEP W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Mark Staley, Roadside Environmental Ms. Theresa Ellerby, PDEA Project Planning Engineer A~~AC#~#~M~ f~ ~. ~J ,~. .._- ~ ~ ~.~ ~-__ l}~U,S C2.~-~-~ ~3rZ,~ r~ ~E ST~~~ Pin L ~5 ~~ P~o~G i s ~T~ ~~a~.~~~ ~ ~z ~s t~~~s PHOTOGRAPH #1 PHOTOGRAPH #2 PHOTOGRAPH #3 Taken October 20, 2004, at normal water level. PHOTOGRAPH #4 Taken March 14, 2005, during a low water event, The ditch shown in Photograph #3 is the same ditch shown here with the water 8" below normal. PHOTOGRPH #5 Taken during a low water event on March 14, 2005. While taken at an angle, the actual distance to the water line is eight inches, not nine inches. PHOTOGRAPH #6 PHOTOGRAPH #7 PHOTOGRAPH #8 PHOTOGRAPH #9 PHOTOGRAPH #10 ~Q / ~ O ~ ~• 0 ~ ~ ~6 1143 o~ rZ .r'~ ~~ 1141 .' l ~ ~ • -~ 1 140 'Py~~ -. ~•ti ~ ~ ~• ~~ ` \ • ~,, 2 17 f 1223 h / 2 ~• 1219 1145 .~ 1, ~ 1144 rn 1142 1227 /~ , / 1139 W ~;~ 1139: 1; ~'f~ 123 ; 0~ i ~ 1136 .'T \••~ 1183 1101 '9 .3 .l 1169 ~~ 1169 . ,` \ N / 0 .\ f % 'N PROJECT ~-~~~~..-••~ : ~ W ~ ~ .,~ -4222 ~~ Nixonton ~ .\ ~ I 1 100 • ;~• ,• ~~~ L_~ • ~• END PROJECT \'~ ~, SCALE ~ .5 0 1 Mile N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANK COUNTY PRAJECT: 8.2110~f01 (B-222) PROPOSED REPLACEMENT OF BRIDGE Ne.2~ ON SR 1140 OVER HALL'S CREEK SHEET ~ OF ~, 9/29/03 J~. ~ .y .i`= ~ \~~' 't--~~.•1 I x3.0 . ii/ 1 i `~ I 1 . ,~ . ,:- ~ ~ .~, - a , . ~ ,: , , ::~ I 1~ \ j / ~~.~~ n' ~j~ r y~ =ice' ,' _ ( -..._ 3:0 I~ ~ ! I 25 a 3 ~; ~ 2 I I I j /F,~r~. ,-- l ;• r ~ ~~ w~ ~.. l s . I I I ~ 1, ~ ~ ~ 1 , ~ - I I 1 - ~"°-_~~ - S _ KW ~ ~'~ ~ / ~ ~ .! '~~ ( _ 1139 ~ ~~ ~ -~. ~ ! J 1 ~"~~- ~~ , SITE t ~ ~---- e ~ •I .: ~. 3.5 • 113 .,~ -~,_ -rt - ~. r ~ 6 ~~ 1 ~ _ _ .s,_ ~ r - i ~ ~ } r ~, l~ xs.o ~ ~ ~- - - ., ~, - - ~ ~ / `w ~ . -~ - r'r= y ~ ~ { ~~ -'~ '• ~ it ~ 1 i ~ 7~. - "' . ~ ~ ~- \ s ~ i ~~ , I I ~ .~ ; ~.,~ -~- f ~ ~z ~,...~ x3.~ 1 1 I `~ -Yl- ~ ~ ' i' I _ , _ ,, I "w" ~ ( ~ \ I '"" xz 5 '~Ni t '~-~ ~ ~ ~C ~ ' I . xon on ~~ ~ .I `-- 1 ~ o ,~ _ _ . ~--- -.. ._ ...- .. N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANK COUNTY PROJECT:8.2110~01 8-~12R2) PROPOSED REPLACEMENT OF 1000 0 2000 BRIDGE No.2~1 ON SR 110 OVER HALLS CREEK SHEET OF ~ 9/29/03 LEGEND --•WLB---- WETLAND BOUNDARY W1.g'`-• ~ ~ ~; WETLAND -- WLB~ ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER *~,** ~,~ # DENOTES MECHANIZED CLEARING E- ~- FLOW DIRECTION T~~ TOP OF BANK -••-•WE•-••- EDGE OF WATER _- ~-- PROP. LIMIT OF CUT -- F-- PROP. LIMIT OF FILL -~ PROP. RIGHT OF WAY -- NG---NATURAL GROUND - - P~- - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT -•EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY --EPB-- EXIST. ENDANGERED PLANT BOUNDARY _.._ 0.._.._.._ WATER SURFACE DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS PASQUOTANR COUNTY PROJECT: 8.211001 (B-~(222) PROPOSED REPLACEMENT OF BRIDGE Nv.2~ ON SR 110 OVER HALL'S CREEg SHEET OFD 9/29/03 XXXXX LIVE STAKES BOULDER - - - COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER I----~ PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) (~,~ SINGLE TREE -~~`~-r^.~-~r'•~-~`-`L~ WOODS L I N E Z. ~ ~~ Z i i ~N~~ Gm~3i o <"' O '^~'^ , V` xJ ~~ N W H N W Q O °~° B ~ L`Qw ~°~ ~ o_o • F `„ N {~ ion N O Q ~~ 1, ~ i ;~ ~, ~ ~ o ~ z f :. ,` pa .. .. '~ ~ \ ~ .. 1 ~ , O I ~ n •• ~ -• ~ ~~ •• i ~.,"------P ~ 1 1 ~J 1 ~ ~ , I ` f Q % JW .+ X JW 1 I WyOj ~ '~O~~~OOOO O w u° 777 I O aw N N W ~~ NN ~m 3 ••. N p LL O X.~1'^ V ... u ~`~~V (/ ~ J r ~ • W !L i c~a f .OW • ~ i °oCQ . W 3 O J (O ~~ V J I t!~ Z d ~ -.~ h ~' ~ 1 i ~ ~ ~~k---...~ ~ . Z (~ O N v W . I m F ~ W ~ to ~ ~ ~ ~ ~ ~_ to ~ ~ Y 3 ~ ~ ti, E ~ ~ ~ A ~ 4• ~ in ~ ~ ~ ~ I ~ I wa I ~~ O N ~-tY ~ F Q Q 2 ~ 03 o w ~ W Z r N WQ -~ln >0 Q S~ ~ J QZ = ~ IiZ X J W~ WUI ~J WF ~Q H WI- W W OZ F-W tn3 tnJ Z- 03 W W(~ W J Z ~"' Z - f- ~ I W O O -- ti. ~ Z W Z W ~ ~ a ! L~ W 3 y y xs l~ W ~~~ LL LL C3 O Q O 1 N o v m C xp 7 ~ ~a ~ ~ -J O~ w ~>+ ~ O U wJ0 ii Oaz r" ~ ~ m c ~ ,,, J Y- _ ~ O o ~ 0 T F ~•- J O Q r v1 J _p • ~ O I _ LLN N ~~ 2 ~ F € O _ O ~ _2 ~~~ ~ Q>o drc Jam a w ~° ~°_ ~~ u ~ V a i I J j a u I w a N ~~ V u6p•ysdw~ed-sp- J Q' tP N t t M M N F-- N Vl O O F F ~ to N ~ + + ~H N N 1 J J I 1 ! ~Y X31; Z Z ~ N ~ Sri a 0 0 r ,~ T t~ ~ ~~ 1~ /1 I i~ I / ~ 1 I ~ 1 I ~~ 1 t i 1 \ _ _/ 1 O m N S ~ ttiY 11- L 1 !5 ~:. 11' E "'!q7 ~. 7 :~ ~~ a ~ aS -' ~ 0 ~ \ 1 I 'k \ 1 \ 1 ~ I \ I ~ I \ I I ~~ I W _ A c .~ ~ ~x r I 1 I ~ 1 ~ ~ '` ~ h 1 1 I I 1 1 I 1 1 I ~ r 1 y~ I I ~ ~^~. W X I I ~ I ~ I ~ ~~ _^ I 1 ~ ~ ~ I~ ~ ~1 U ~ I • ~ ~~y. -~cJ 1 W ~ -' 1 ~ ~ to 2 1 U 2 i 2 ~ 1 W W !1 I 1 ~1 m 1 1 - / 1 I 1 1 __ r, 1 I _ _-1 1 (~ I ~ _--,. ~~-- I , __ 1 I 1 1 1 1 ': ~~ ~~~ ' ~T , 1.C7 0 Q c.l i--{ L~°J dd i (y, a <1,. 1 ~„ ,. 1 v:.~ G ~ ~, s.t ,` IN ~~ 1 0~$ ~~ Nb~~oigRm g~ ti o `"'g~' II II 11 II 11 Ilu~ I~Q~J1~~ a~~ 1 to ~ 1 1w- N 1 O Z 1 Z - \ J 4 ~\ Z Z W O 4 1 0 l~ ~~ I W ~ ~ j ~N ~~ N m `h' o o ~ ~~ V a & ~m ~ C ~ w E 2 '~ m ~~ o = >, F~ .^ ~~ W LNG U N Q W O 2 O z w 0 ~. `~~. ~n+ ~ • s y Z O Z Q N JN >O 4. Z U Q Q X J V1J WH w H W F-- w vi 3 Z3 F--Z w o- o z 0 M~IOC~q~1[~~ w\ \ U ~ tVNV\•I~~ \. w ~ II 11 II II II 1 ~Q~JF~~ m ~ W ~~ 2 ~ Z ~~ ~s ~~ ~~ r + 4 LL L d a t O ~~ ~J L 1 I I d O Q C ~ r I 1 u o i JON ~>« ~ a u wJo paz r ~ n 4 U u ~C t 4 ~ ~ ~~ ~ ~ ~ ~ ~ O d F-- J tD Lf'1 O Q F- N J +- w o -I o =u i LL N U H ~ t1 0 ca O F- C ~ i ~ _ E[¢ ~ Qom n¢d JaN w0 ~ ~ Q ~ J ~l ` ~' Z V a a v -a w n. ~ ~c ~ o o~ z 1- F- J ~ O O N to t + M M Q Q F- F-- ln N OO F-- 1~-- to to ti ~ + + as H F- v~ vi 1 J J I 1 u6p•ysdw~ad-sP 7. i .'. h9~! X61 Z ~ ~ x ~w zz ! i I w ~_ ~u ~. Co ..] L a It I ...{..i -_: !-' -(-. } -r -. _._L_L _i-} . ' _ T- _, - f-f - 't-r -rt , } -; ~ '.~._; °-- ~ y+- _ `~ " - - t-i « -i-t ~ + .{:t + :" -f- ~ . ~' '.i_~ '.t_r, , :, ' f.i.. ~i_}y .~ a _ '~ '' ~ i.i. ~ -{- . ~ _ ii-'- «}. .+.l~r +., ~_ -r ' ~_. ;rt-~ :-: - ' - `-P ,-!.. ~,-..,- :- i_}_«. ~..rs. _ , ~ .- ~ - ;-F-~ .i ~...»_ • : -r-mot.,- ~-!-1-i' ,~ "-!-...:. iT ~. - ` .i ;.: ' ~~t.- . -;' . :t . '_- * B -. '..C : _,_~ _ _ _ .:. .: _ _ .:. :. ~[ ~_t : . i- ~ ~ _ ~~. ~_!-. t..:i : _ ~ :}:. :~- i• yry _ -i- . . ; ..~ -~ _ . } ;~ I- a...Ct!- F - - ~ : ..i..i . }_f~~ LL t_ }~_,.. . _ t-}..~. ,-i-} ~: '_L_L,- .1.' : -•-1.L j_l. .. :~ ~::.e... . S_ _ ~....1.'_ ' i_' . ~ .a.;..~ T • - _ -i::. • j ' _ .~ _ }'~ ~.. -} - _ .. '~~.. .. .- : ''- - : .Li- ~ = .' .,...t ...' -!•3..}. , ..1~ .3-.- ~~. -L ..}_ ~ , :'} _ ~ _ * }..i , '1'•-~-i'. .}_ L'i''. . "'~ .'/'r. t _.. . 'e_t-ia_ ; :T'r' : '}"S --t-F'. - ~ T..I......:- ..i..i..~..i.. .i.. _ .t. . '_r'I'y- .. x i. z ~ gg _ _•_ - i- ' ; u _ }. r _ .. , -T -• : ~ : _ . , _ _ _ - ` i'*-x . ~;~ ~: rr • ~ .rT ; . ~ .~ r - :: ` '- i--,. 1 _; N Z Zy U ' -r 6 ~, _ . .... . ~.. '.. _ ... ' _•..._ ~ _ . ~ . _ } -i _ ' , ' ~ ~ -t- ' ..i -i-~ { 1 ~ -s-f _F.. _ = . _} .f-+.t. _t_L. t ..' _i" -I~-i_:. _Lt. k ~ ~_ ~ ~+ . - "1.-3- _}• -' ~ ~ r .4-!.1 rFi _ ~_ ~ ~ ....t_ ~l ~ -'- L . { ~-}_ . ' .i1' ' _ ~ . L ~ _ -}- -}- ~" ~ _ _t'4i. _t_«;.._ }_ -1....t..~ . - - i..t'.i' - _t`t°: ;- v _ O ~ ~' _ ~{ ~ 1 o ~ "a z ...... ..}.; .. ~ -t' ~ . _ E- . - ~ ~ ..i:~. •~' Y . _ .~. ~ . :~~ f .: -_~ .' • f t~~. ~ S i -.. } ~ .~-t• ~ ~y-: µ - ~ T -r ~ ...}_ . - -«r ~ i- ~_L ..} . -~ -~ - I s ' {- -:T -!~i --u .c. ' ~ ~~ ~ - ~, F _ -{-} - ~• _~ i. ~ L -t~~.: _. 1 s ~ t.~... j _ ~ T_~:. ~;=c:rf :. _ t' ~ ~ e ' Lui ^c rl ~ < ~ S ~ - _ _ ' , - ; Y!'; r -tiff- _ - - - !-j' .h'-f - ' i' ::'}-F -'- ', ~ ~ ~ -r -F _ . . .,-i. r._._ _f-~- - _I_;..}. ~ -~-1. _ - _ _ `' , . .r-r.i-(_ ri'?" ' - _ ~ E $ $ 4- O ^O ` W , Q~ - ' ' . '1 -' : I-~E - ~ . ~-{- - - : `J ;.:~., ~ E :. .6» J _ : + i_ ~ , f- ~ ~ :..L'.r - ~ L L1 ~ ~ ~ _ - . ~ f ~f. : }' ~ Tii-, Y' : !--t ~ i~-fi - . ~-r :-}-t-!- ~ Y-r ~ ~il + n T'-i' ~ ~ S-f '-1'Yt i @ 7_ - - - r• _ _ _ , .i ~ N ' 4 ~ }_ _ rte:. _:..i- -J-_i-e' `-;..; ~ . : , . _ L1- ~ - . _ . _ _,. } t _ - . .. . _ _ I . " . _ . r . ~_ - . rt {~7 ' - : _S. ._ _ : : .. ; , = :: "r .-[-r-r •-:r ~ ~,'-' 4 {' :~ ~ f-~_+ . ~ if J: i ~ [ + : F- ' -C ~ _~r .x..T.f..{ t: .: ~r + Y.. _ ~ : ' f. _ . : .. , « -r S' _.. _~- -F L , - - ' ~ -' 2 -+.~` .. _ _ :. }_ t1~ : 1 -r ^ ~`~... .: ..3.11..i_ . i •. ; .iy.»-f. _ .i.. _ .. - _ } _ _ _ _ r - -l.r.... .. ..... . . ' - ' .... _}. L -{- .~. i' '{_ ' _ }- . . ~~.. ' E_ .~. .y ... _ ' :: . _} ' i- ..f _}_ _!-;- .. i ;•}.. ~ _^'f' . ' 'i_ - _}- :J. °_«. ..» «3 ' r: a' t -{ L~.. ' ~ tt . ~ f- ~.'~'' -~ '!'f-i. .,-.•_~ L _ i . - .. .. _ , _ _ . ..L. _ . ' ' ' . _} _ .. ~ ~ _ -4.. ti....,.. ._ ~. _' ~ . ~ ~- i..t.~.. : , _ ~ r . Y_!-~ : } •• ' _ _ 'c-, }-•~.. _t..}..x , Sa a ~ . : .t ~~ }..a .i a_ . :rt-' L _ ~ - _+ L ~ t _ .p , _ ~ i- .~~ _: ..,..t. _ _i' L-Y-}.. .a.a.y ' ,. , -: -t } ' 'i , ~ •~r `'1'ri.. _ -It _ .» .LI:. i-t' ~ ~ , ~ . _ i «;-. .:_ ,-i..- T F..t.. • _ ..y-~- _ ..,_ . ~~ _}..L. ..}_ .5..'. , .. I -hat- L.....:.. »_t• j ' .t ' _ .l.2 i '..L«'- -1_ ~.I i_` r i'+ _~L . L~ _ . t ~_' r .~ _ ~ i.. I_!. .. . "fit , _ L _ _ . - _ I. ' . _ ! _ _ ._ r. _ ~1_;. ~~ ; r: . . =i .. _ .. _ * _ - { ! . _ . -. -r 'L" !- _ , . r-( - : -1-+ - - {- _.}_ .» : : ..} t w._ -• -t .;..t.a -~-~-t -T't-i ...} _ ..~' - - _ _,_ _ ~ .. .t _t-.-r ''} . _"1' 1.~ , _ -' ! } -'~ - r - }-i ~ .. t.~ _ -; _ ES • _ -I..t i _ ~"y- ~' r • '_ y-r~_: ~.-i_i_ ~ yy-- r!'-?'$_ L._ .. .. L~ s _ } _ _} _P-1_ _ ' _ i- ` ~ _} - _ }~ ` .~ ..~._.. ~F - ~ , T. ~ ~ a ,-: ~ r -t r, , Tt'T , r 'i . ~ , .. , ' r, ~ ~ _'T T ~ ~ -Y-r L T ~_ : T }'! - !' e'1Y-r ~ , r '-!"i- - ":..i-,~ ~ i_} :_L7 LL: r i :"._ .~ T _ - ,. _ r.~ _ :.~. ::.. _ j _ .` , ~ { ~ y, Y t . ~. E z~ , " ::1 - ~ '''~ F~S,~ f .-f -i-i- -i-iy-'t- ` i-}-} S ~ ~-~ _ -1--f . ~ }-1-` -~-~.' ' :-4' ~,y_;ti. f-i- ~~ , t t--i-}- ~~i. ' f-}-1. .iL~,C~ . }. 1_ .+. yr _r.E _1 .. -: _ .+, ..L {:. ~ _ ~ . ~ -t-i-r _ ....;- - - - _ ' ~ _ : :~ , :. ~ 4» . - ..,.. , ... _ ~ N j ' : v _ _ ' :.+- _ ~ _ ~ ;i~; r ~ - i-f- _: - -+' , t - i ,-ti-t - ' i-i- ' ~ ,, ~ ~. 11 11 11 11 II II 11 11 II ~F,' ~'_ ~.: _ • _ _ - ' * - , - - , - r • t `-t y_,.q • ;-t• _' rx . T~ ., . _ y r :_r- ~I :.Lf'` ' krr-' -t' - - - - . J ..j _ 1~ .l• _ _ _ _ .- .- _ _ 4 .. _ _ .. - ~~ .. ~ _ _ _ Y -1'~" _ .l, _ . 'T ,;'4..7.t_t_ _ _ ..} '}'Y- . ~ _ ~..a- .. ~ t:i}- _ t'~' . _ _ _ _ - - - _ - . .. - _ - ` _ ^' }-Y - - _ _ _ • __ _ , . : , ; , , . . ~ _ - r ~ t _ , _ _ _ L _ _ _ ~ .. - _L ... . - r. _ - i "° r ~ : . , : , _ ~ ' ~ - _i- L ; ~~ {"i- ~ .-}- .. ~'~.:. - -_ ° '} .... ~ , T_' T ~ -{_'.~ . ~{~ Y~ ~, .. _ ~_ ... . J ~I }..{ . f i _-- .. _ . _ . - _ i - .. _ . .~. _ ?':{: _ ~:. ~ .. , _ .. : - ,s~.i: ' { _ ~- ~. - -~ -Tr.. _ _,_,. . ~ Y _ -~ -'- ; -#-i- ~ t -r-r F-'-; _ ~ i -'.„•~, -}~- ~ O Q ~ ~ V : ~µ,' • _!- _ - _ - _ - _ - _ a W Q O W - ~ + - - -_ .. : ~ a=a , .. ~ a ' , - , • -,- t ~ • ..~._ +, - , - " • ' t ~. :. _ • • ^ f~ ILl y 01 ~ « . .t- - rF - + i-..t-rf , !-1.. _ : i'.. . : " . r'i_ _ T: i ::.~ ' j} ~t~ r t r } - .."f'}' .Li- rl.L' ~ ~' : rr i.. •-: ~' t- • ~ }»»*'~~t' ~ .~ ~~ - t - 't-N-r' t i T _t_ ~~ h}.q..}. r.. ~::r; ~_ . _ ~ -( _ _ _ _ _ _ _ _ r. _ . : , : , . , N N ~ F' f - . - -E-r . ` - L L i +`r~i- -` ~ ~ _ - -` ,-i- -•~y~: i --i-i~ ~ fi _ ~ ° y• _ -} F3~ -r =!~ « t ~ ~-i- -,Y-,`ir -~- ...i _ ' _ _ - _ - - . ~ , O Vf - -•->-.. .{_ - ` r` '... ..}_ ~{ ~_ i'.1.. ' -}-, '{_ .. _ -i : ': , -' { r..}.. 4 -i- «.j..i .. _. _f.. _}..i_:.~..} ~ 1 _y_ .: :-i . -z.'. .. ~ .. : ..!~..;•» - ! .'.. I '..1 ~... ...}_~~_ ..i..i..}..t_ ..j..:.t..:. .y_l..i_I.. _~i.l..'. _ ...._ ~ ~ _ _ _ _ ..~. ... :.. , : y T' +F}. ' ' .' .. ...y .. +. ... __'}. { .. . .+.._r- .. ~ T e.}. .ti ..,.t_ t.. _ ;'y .a_ _ _!..} _ } : '_° + - i .. F .;. '_ + ,. _ r 1-i 4 .._r~_. r r -i- ~.I...... i _ ~-+ -f' . t ...i.:.. .. .. _;..i..t.. . ~ i- ....t..t:.~. ..i_ - - - ( ~ :: ~. .:::: ~. ::i:::: ::::.:~ :.. _ _j~: , , , v W T ., - -•;-t-?-' . r;;_ s.. ' ,- - ?-;-« -~ -, .t +.~ rt -. ~ ~-!-; : .~T , _~ ,~ ~ _:,.. , : r .t-.~.:. , YF ., ::. • • r , M /~ L ~ W ~ m r :. .: „ -:. - i . . - i ~ a-i- ~ _t : . _ r ~ :_}_~_ y-a . _r ~i '. T' _«_ r'' . ~ .'r .. T ' } Y -~- ._:_iJ ( T _ _ ' ~. ~ - ' °T i-{-i_ .} _ rr _ l .: y.... T'1_i _; ; - ...i _-i'L -}•1- . 1-+ _ :' ~ r ' ;-r _t_fi , . .. ' t"P_1_ _ . ~ r. t"il'r_ _ K %~S :"i_i_i- _ ., _ _ 'I'r ~i-i-:- _ _ __ i « _ _ _ _ __ _ ~ _ _ ..,_ :. - ~ O ~-I~ *" -:- r. ~± - . i ` : Ltt ~t-t'1" i .t _ _ _ _}' ~'! _ .!-!_: ~ ;,,i.. ~ ~ -L _ ~'F' _ _f_(.l i.. " 1~ ~ '_1.. j ,: O ._rt~ ' _ -i..~_;• _ - _ ,t- . _ , ,. :. _, I- ~ .}_ .~. ate- . , _ a .,_ - i- , : ~' ~ - _ 4 ~ i ~ ~ ~ ~ ~- ~ ` • ~'tr ri ~ } - ~3 ~ '- ! ` ~ -j-:~~ F.;-I- - - ~ ~ « i -^3- ` :~- yyi~ ~ -1 -~ t .: - -!-F ' r; k }-1-;- ` ... +a- . ~ !-F+ - t +-} : ~-^~ k,-i ~ -_ Y' '!- _ ~~}--rrrj--?~tL~r -F 'T -t r ~ - i ~ ~ _t f Y - - : ' - - : 't'T l .. -~ ' -t-t- t` ~ , , v 1' __ :ITT _ `~_« r, ~ -t e : - ~ ~ f : 'tT • _ r „ .: , a , : ~ l _ }- ~ _ ~ - ~ _ -:-!- '~" ' _ J i..: ^'_. 4 . .y i. . ' 44l- L. _ _ ,_ ~' ..: - -r-j ~ - ' ~ L T^, ,_ -r - ' - ~; 1; =,+ _ _ _ r j : : E " . i '1_~ • } i ...t... ~~~'~ -} - _ -~, " t' _}- , ~ . ~ ~ ' r - y - i.. F'}' ~y ..r, }- h,_,iN _; ;~ - . _.% ' ~ .»' - .}~ ~ .#_l. , ,rt ::.t »': F y`- _i_~~ y~.; ~ - _ _ L i 'i_{ ..i _l _ _ _,- ..~ _ !. _~; , _ _ _ t ~ . rt.... H-i-~ .. _ _ .. .... .i.. i1 . .i-' : .. _ _i~_i_ i .. i-L ,- L..i..l' _'.~.. '" _ _ i~ _ . ~ _ '~ __ ~rt ~ ~ ~ . ~ .~.. .. 'i_~ ' . "t i .. , :: i_ _ v_r'r _r -r : ' _'1_'_I ' a-.Fj•. ; : .t_~..... _}.ir-Y .}....}_! 2_!__~- . i r .1_ ' ; ~:. .. _ ~ - 'Tt ' r .r. • ~.. _: _ _ _ .T _ .. _f.i.. ~_ .. ;.;_t . .C_{- _i t. t:~ • ' i {- _l~'~'1 2 fi -i 3_ ~ r "- ~ ~ ±„ - y. ~ ,•,- '~ i~f rr ...r - _L~ .r,_~ ,_ .:.~ .. . .ter -. 7=t_''. _i;..{. _ =Ct°Sw ri_i= . ~ . .. - : - ' - _ - - ... r . ..{_ " -;_ : `: ' : , ' , , - _ T r .. ,: , 9 ~ : : ` , J.T S _ , ,T , - t_ _ F _ r ~,Si ~ - . . , ~ v _ .._ }. j-,t - 1 ~ ' k ~ _ ~~ _L... .. ~' I.. } ~ Q .} y. i.+= '~'_ l- '- __ 't«_ ... - - ' . - _ -.1 ' _ _ ~ :; j'~, ' } _ _ -!-f•.~i~- ~E i 'i'.+i-}.3 : T•i~_ _ _ _ {- _ _ _ ~: _ ..~ ~... . 't-!i_ - + _,_ _ . ia .. _ ~-F• " - S_ . _ d _ _ _ _F _ - !.'~ . _ - . ~ -i_ i . j_~ i ~• + ,- _ _i-f r~ ~. ~ .,.. _.. _ - - ..y _ ... ..i. .i..T ((~~ ' _I,' _ - _ . ... _ - _ .. _ .. . . t : 1 - 7 ~ • - • r-'- f 1-F - } ` - - - ' - - - . - - d; - - _ ~ m _~' .'i _ `,'{ : „Lye• ' ~ = ;r {~ y i ~ .; - i,- : -^r'r ti a.~... _ _ _ ~ -+ -}- II t ~ f Ft' rr':-" r':- - r t _ _ _ ~ _ ~. : , . ~ : , . t 1 .~.a- ; 1~tiLl .:.C:1.:~ _ - . .. _ _ a r _ ~ t ' j - -t ` -H-t- ~ 1 f• ~ 4 ` _~t _ - - - - -' - _ _ t , ': - - ~ - !' .. .. _ _ ' ... .. _ ., :- .. _ ..}. } _t {-F .L.- r {-L, -. ~ _ ~ _}_ . ~ - a i - -i-~ i- - - - - -~ -~- ~i ` ~ - - _ _ u ;'_I-;:~ i f-s ; -+_t::E~_ , , - - :)= f = _ ` ~ i- t _. - ~ . - ~ , , ce , ! i _ . _ .,, , .. ~ • - , .1- - - " _ 1 :, , ~ ' ' ' , ' , ` ~ t ti ~ , y . ~ - } 7 ~ ... t .r . . . _:- .. .. _ }_ . ± ;' - ' ~" - - •. ` : _ T _ _`~' e : _ ' ' i' - , : . 1_ _•,- ... ~.i. _r ,'w :_ '1':_ T r _t'. -' ,' f' 'W ~ } _ ~- .~ ti° - i W - ~ t'~_~„ .}"ice ''_i'.•.. -i _ r~ ,. .. " , -H-i", ~ _i _ _ -{- - V}. t - - „ .... _ _ -~~ _ ' ~ ~.t. y-~-'~ - -t_ + - ! ~. ~ -i - - L. ' -hf' i. :.l..l ?-~- ~; J }'; _ _ ' _ , :-~'i~? _ I,TFI - t :_i~ _ _ _ T -- , ,. , , r : _ . . ~ _ , , : y ' : ' . : : L' - -~ ~ : : - .: ' ` ~ r ~ LL r } ' ,rt i _ ~_ J -Y. +-f-r ' rT} '•~'`'• { . ' _ _ _ • _ _ ..r .. x _t.. , - Y- . i . .. : - _ . _. _i. .. -i.; -{- .ty - ._ . . }. _ _ . .J_ 't-F i_ .. J_1_i_ . _ ~...i..„ . .S_. _ _1- . •- a - ~ - _ _ i , .. w ' ~. 1 _ T• .. } r~ ~ - ..._ _«r ? . _ _ - ... _ _ . _ _ _ _. . f ~ ,~ T . - ~ ' -1 - ' 1_ _ _ . .~- . ~ . - - '_ - L ' _ ~ ' _ ~ , - i , - - ~ i '+' • r :. ~' .}_ ?~ 1 _ - ' ' :- } ~ ~ ' - . _ _ -t.F - _ _ 1 - a- .1 - - 1..L ~ - t.;- .i..a._S. 7°.~:,_ .i.» _ , '~'!..i~: _ _ .1 ~J'1:ti:~ .. _~_.i_:.. : 1 . r' _.. _ . _ , . ~ _ : _ _ _ . _ . ..i . • T • _ { 'i : t - , , r• ~-«.: ' r~ r -5-~'•- ~ -r - _ _ ~ '4~r-1- 1 . t -LF -j- j - -3 - _ - - :_ 1 ~ •- 1 _ : _ , : _ : _ . : • ~ ; 1 . `' E .-,- T is , • + ' +- (+r ..... _ --x ... _ .. ' 1' Y .. ~{ Y . .. _ __.. ... .._. t _ T1. . _ , _ ..:.. , 1 : _ . ..1~- .. y _ - a-:{-[ T'1 ~_ 'i, ' _ 1 "r _ 1 'T } 'r1 _ _}_S'!'' _yTt _ .i _a- 1. } ~.... a- _ }' ~~t~-` .1„~' i i : - { "rr` y_s_i..}. '~' :1- _y_L, 1 , - ' ' _,-r1 -!'T i . - _ ' i Y Lr.1_a_ '•-'"- _ _t_!. _l. ~ . i- -i..t'1- t_p..~i . _r ~«. - . ...}_ _ .i _ .. _ ' ~_ .t. T. ... .t-~ - i_ . - - -L ,-r ~-F ': y ~. , C ' ; 'y...~ ~..+ -!a4 7 . ~ T ~ _ .~..~-I" . .i ' Y' ~ ~-!Y_ ';-':'.!-* - -1 , ' _ _ _ - t ~- -- 'r~ ~ - ~ ~ 1 '; - ~'; t ,-. ~F-urn. -i- i- - !'--,: -a.1_ .•_.s-~ _ ~'1~ _ i.'s:~ r r* _~7 -T_ I-- ! ' - -- -- - rt y.... ~ - - r- - - - ! _ _ : ,. ~i-, 'r t-~ ' _i'E ': f - , t-~-~ : i ` * i~ ~_f' s-!-i" ' a "}'• _ -;-}' y- "~- ?" :r.4'~'~! r _ ~ 1'i - r arvarvaaa~ waas ssssssssssssssssN~aisss~w!is~~s~ss~ss ~ Form IJCM-MP-1 s ~ ~ --T ~- L ATI N +~~~ . PPLI A r~'~~y~ 20C~ ~~~ ,,, (To be completed by all applicants) ~:'~'~~ '~arP r.7 ~ .. }; ; ~,.. 1. APPLICANT a. Landowner: Name N. C. Department of Transportation Address 1548 Mail Service Center City Raleigh _ State NC Zip 27699-1548 Day Phone 919-733-3141 Fax 919-733-9794 b. Authorized Agent: Name Phil Harris. PE Address Same as above City State Zip Day Phone Fax c. Project name (if any) B-4222 replacement of Bridge No.24 over Hall's Creek on SR 1140 NOTE: Permit will be issued in name of lcutdowiie~{s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County:Pasquotank b. City, town, community or landmark Nixonton c. Street address or secondary road number SR 1140 d. Is proposed work within city limits or planning jurisdiction? _ Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay)Hall's Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Remove existing bridge and construct new bridge in same location. An adiacent timber bulkhead may need to be replaced if it is in conflict with construction activities. If the bulkhead is removed, a new bulkhead will be replaced parallel to Halls Creek near the existing structure. b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Public Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please- attach additional pages. Proposed bridge will be constructed .using a "top down" construction method The roadway approaches will be upgraded to current design standards Revised 03/95 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract Dorovan: Typic Medisaprists, Augusta: Aeric Ochraquults, Wahee: Aeric Ochraquults e. Vegetation on tract black gum, bald cypress, red maple, sweet, um, giant cane, blackben-~ Japonese honeysuckle, maintained residential yazds. f. Man-made features now on tract bridge, residences g. What is the CAMA Land Use Plan land classification Of the Slte? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? NCDOT k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of dischazges to waters of the state. (For example, surface runoff, sanitary wastewater, industriaUcommercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. Private wells 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawer to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings aze preferred and only high quality copies will be accepted.. Blue-line prints or other larger plats aze acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. Revised 03/95 Form DCM-MP-1 •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon .signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone See attached list • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $400 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 'Lops' This is the ~,G day of i~l' i~, ~_. Print Name ~ i ~ • ~-~vv 'S 'fir Signature 1'~^-Y ~~ Landowner or tthorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-S BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public X Private Will the proposed bridge affect existing water flow? Yes X No If yes, explain b. Type of bridge (construction material) Concrete Cored Slab Bridge c. Water body to be crossed by bridge Hall's Creek d. Water depth at the proposed crossing at MLW or 10.7 e. Will proposed bridge replace an existing bridge? X Yes No If yes, (1) Length of existing bridge 68'-0" (2) Width of existing bridge 22' -0" (3) Navigation clearance underneath existing bridge None {~~ 5'~ (4) Will all, or a part of, the existing bridge be removed? (Explain) All components of the existing bridge will be removed f. Will proposed bridge replace an existing culvert(s)? Yes X No k. Navigation clearance underneath proposed bridge 2.5 feet 1. Will the proposed bridge affect navigation by reducing or increasing. the existing navigable opening? X Yes No If yes, explain Navigation will be improved by a larger horizontal opening. The number of bents will be reduced from 7 to 1. m. Will the proposed bridge cross wetlands containing no navigable waters? Yes X No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) „ ~; ,~, .~; ~ ~-~ - ~, g. Length of proposed bridge 104'-0" h. Width of proposed bridge 30'-0" i. Height of proposed bridge above wetlands 2.7' Revised 03/95 ' Form DCM-MP-5 3. EXCAVATION AND FILL 2. CULVERTS N/A a. Will the placement of the proposed bridge or culvert a. Water body in which culvert is to be placed require any excavation below the MHW or NWL? Yes X No ff yes, b. Number of culverts proposed (1) Length of azea to be excavated c. Type of culvert (construction material, style) (2) Width of area to be excavated d. Will proposed culvert replace an existing bridge? (3) Depth of area to be excavated Yes No If yes, (4) Amount of material to be excavated in cubic (1) Length of existing bridge yards (2) Width of existing bridge (3) Navigation clearance underneath existing b. Will the placement of the proposed bridge or culvert bridge require any excavation within: (4) Will all, or a part of, the existing bridge be Coastal Wetlands SAVs X Other removed? (Explain) Wetlands If yes, e. Will proposed culvert replace an existing culvert? (1) Length of area to be excavated Yes No 43' If yes, (2) Width of area to be excavated (1) Length of existing culvert ~' (2) Width of existing culvert (3) Amount of material to be excavated in cubic (3) Height of the top of the existing culvert above yards 22.3 cubic vards- this is the roadside ditch the MHW or NWL located in the wetland. (4) Will all, or a part of, the existing culvert be removed? (Explain) c. Will the placement of the proposed bridge or culvert require any highground excavation? X Yes No If yes, £ Length of proposed culvert (1) Length of azea to be excavated 100' (2) Width of azea to be excavated 7' g. Width of proposed culvert (3) Amount of material to be excavated in cubic yards 51.9 cubic vards- this is the roadside h. Height of the top of the proposed culvert above the ditch located in the uuland area. MHW or NWL d. If the placement of the bridge or culvert involves any i. Will the proposed culvert affect existing water flow? excavation, please complete the following: Yes No (1) Location of the spoil disposal area If yes, explain Unknown- contractor descrition j. Will the proposed culvert affect existing navigation potential? Yes No If yes, explain (2) Dimensions of spoil disposal area Unknown (3) Do you claim title to the disposal azea? Yes X No If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (4) Will the disposal area be available for future maintenance? Yes X No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MI-iW or NWL? Yes X No If yes, give dimension if different from No. 2 above. e. WiII the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? X Yes No If yes, (1) Length of area to be filled 40 feet (2) Width of area to be filled 7 feet Purpose of fill temporary cofferdam to construct bent for new structure e(2). Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? X Yes No If yes, (1) Length of area to be filled 24 feet (2) Width of area to be filled 9 feet- tanering~ to 1-foot Purpose of fill widen approach shoulders leading to a wider bridge structure. f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands SAVs X Other (2) Width of area to be filled ~22' (3) Purpose of fill Fill used to raise the grade of the bridge. 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No If yes, explain in detail EEP will be providing compensatory mitigation for the 0.036 acres of wetland, see attached EEP acceptance letter. b. Will the proposed project require the relocation of any existing utility lines? X Yes _ No ff yes, explain in detail Power, Water, and Telephone lines will be moved. They all will be re-installed usine directional boring resulting in no jurisdictional impacts. c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail d. Will the proposed project require any work channels? Yes X No ff yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? NCDOT High Quality Waters Erosion Control Methods will be used f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Heave highway construction equipment Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Wetlands If yes, g• (1) Length of area to be filled 150' (2) Width of area to be filled 4' (3) Purpose of fill Widen shoulders to approach wider structure. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No If yes, (1) Length of area to be filled 550' h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes, explain in detail 6 square yards of Class 1 stone will be used for stabilization on the north west bank of Hall's Creek. An existing timber bulkhead is located on the south west quadrant of the project. If Revised 03/95 Form DCM-MP-S this timber bulkhead is found to be in cont7ict with construction activities. this structure will be replaced in the approximate location, parallel to Hall's Creek. ~~'C -'f~P 3-H~~1 Applicant or Project Name ` Signat~ke !'~' Dat •~ z `, Revised 03/95 RECEIVEf~ OCT 28 X004 OIUIS{ON OF HIGHWAYS PDEA-0FFICE OF NATURAL. ENVIAONYE~T October 26, 2004 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: B-4222, Bridge 24 over Hall's Creek, Pasquotank County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland mitigation for the subject project. Based on the information supplied by you in a letter dated October 22, 2004, the impacts are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain Eco- Region, and are as follows: Riverine Wetland: 0.036 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Azmy Corps of Engineers, Wilmington District dated July 22, 2003. The wetland mitigation for the subject project will be provided in accordance with this agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, /f William D. Gilmore, P.E. Transition Manager cc: Bill Biddlecome, USACE-Washington John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 ~,~/Stdl~'U.2l~... il/r~+~~~%~... ~V'D~"P,C.~"fJ,2~ 4'~G~Y S~a~~ eENR North Carolina Ecosystem Enhancement Program, I6S2 Mail Service Center, Raleigh, NC 21699-1652 / 919-715-0476 / www.nceep.net cY J ~.L11 a PROGRAM October 26, 2004 Mr. Bill Biddlecome U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: B-4222, Bridge 24 over Hall's Creek, Pasquotank County Cataloging Unit 03010205 (Pasquotank), Northern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) proposes to provide preservation to compensate for the unavoidable 0.036 acre of riverine wetland impacts of the subject project in the following manner: Wetland Preservation (10:1) in same eco-re ig'on (0.36 acre) Roanoke River - Cashie Site, Bertie County The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory mitigation for the project will be provided in accordance with Section IX, EEP Transition Period, of the Agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, , William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4222 North Carolina Ecosystem Enhancement Program,1652 Mail Ser~~ice Center, Raleigh, NC 27649-1652 / 919-715-0416 / www.nceep.net U.S. Department of Homeland Security United States Coast Guard Commander United States Coast Guard Fifth Coast Guard District Mr. Gregory J. Thorpe Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Thorpe: I~ ~422(~ W 431 Crawford Street Portsmouth, Va. 23704-5004 /~/ Staff Symbol: Oan-b ~ ~ Phone: (757) 398-6587 Fax: (757) 398-6334 ~ Email: tknowles@lantd5.uscg.mil 107 ApG E l APR ~ 3. 2~~3 °" ,~ This is in response to your letter of March 14, 2003, to construct a bridge across Halls Creek, in Pasquotank County, North Carolina. Since this stream at this site is subject to tidal influence, it is considered legally navigable for Bridge Administration purposes. This stream at the crossing site also meets the criteria for advanced approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways are those that are navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways. Your letter and attachments confirmed such conditions exist at this site. Therefore, an individual permit will not be required for this project. The fact that a Coast Guard permit is not required does not relieve you of the responsibility for compliance with the requirements of any other Federal, State, or local agency who may have jurisdiction over any aspect of the project. If you have any questions regarding this matter, please contact Mr. Terrance Knowles, at the phone number or address shown above. Sincerely, ~ . WAVERLY G ORY, JR. Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District ,.. - - - - - ~U ~ ~? ~ r >_ .~ D '~ R~CEI APR 26 2004 p p~, a, F~~ ~~ t l! G N WA Y S - 1~iiit EMV~ Mr. Gregory Thorpe, PH.D. Department of Transportation 1548 Mail Service Center Raleigh; NC 27699-1548 Subject: Permit No. SW7040406 _ .General Stormwater Permit Hall's Creek.Bridge Replacement Pasquotank County Dear Mr. Thorpe: Michael F. Easley, Govenor William G. Ross, Jr. Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Coleen H. Sullins, Deputy Director Division of Water Quality Apri122, 2004 ~~~ a~. P~ €~~ ,~. .i ~. ,~ 7F~ELOPM'~ss ~L ANAIY$ The Washington Regional Office received the completed Stormwater Application for the subject project on April 6, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwazding Permit No. SW7040406 dated April 22, 2004 to the Department of Transportation. This permit shall be effective from the date of issuance until rescinded and-shall be subject to the conditions and limitations as specified therein. If. any parts, requirements, or limitations contained in this permit .are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty {30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter. 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Af'f'irmative Action Employer Paget Y - .. ..,,~.~.,,.f.'.M~.. ~ ~ ., f Ivlr. Gregory J. Thorpe , . " 4. ` ~' '' . ~~~ ° r ..: ~~ . ~ °; Apri122, 2004 ~. . t;,, v.;;'. . ~;~':' . t., .. •~ '~., If you have any gkestions or need additional information concerning this matter, please contact ,:' Mr. Robert Tankard at (252).946-6481, extension 233. Sincerely, /c ~-- . ~- Jim ulligan Water CZuality Supervisor Washington Regional Office cc: Pasquotank County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer '' State Stormwater Management Systems Permit No. SW7040406 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT . ,_,- GENERAL PERMTr In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Department of Transportation FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the Hall's Creek Bridge located on NCSR 1140 in Pasquotank County, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. 0.06 acres of new impervious areas are proposed. 2. Approved plans and specifications for projects covered by this .permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: r t a. That minimum amount necessary to direct runoff beneath ari impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLL4NCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS '1. Failure to abide by the .conditions and limitations contained in this permit may subject the Permittee to ari enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified, revoked .or terminated for cause. .The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Cazolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143- 215.1 et.al: 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition, the Director may determine that- other revisions to the project should require a modification to the permit. 4 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. .6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. ~ Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum ,requirements. The permittee shall provide .copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person .except after notice to and approval by the Director. The Director may require modification or revocation and, reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and .other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. . 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which maybe imposed by other government agericies (local, state and federal) which have jurisdiction. Permit issued.this the 22°d day of April, 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT, CONIlVIISSION -Alan .Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7040406 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-94G-6481 FAX 252-946-4215 An Equal Opportunity Affirmative Action Employer United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, Noah Carolina 27686.3726 March 11, 2004 Lindsey Riddick North Carolina Department of Transportation Project Development and Environmental Analysis i~48 Mail Service Center Raleigh, North Carolina 27699-1548 Deaaz Mr. Riddick: This letter is in response to your letter of February 24, 2004 which provided~aeDU•S~enanof Wildlife Service (Service) with the biological conclusion of the North Caro ep Transportation (NCDOT) that the replacement o ~ budgs ~~ likely to a.dver s ly affec~the reek in ma affec federally threatened bald eagle (Haliaeetus leucocephalus):These cominen are prove e accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, eaonversation between MrtGary Jthordan of my s aff May 2001 and February 2004• In a telephone c and Tyler Stanton of NCDOT on March 10, 2004, Mr. Sianton stated that the eagle surveys were limited to a relatively small area that was defined as the protect area in the Categorical Exclusion (CE). This defined project area is too limited to adequately survey a survel s should extend, at a nest survey is required due to the presence of large water bodies, th Y .minimum, 0.5 mile from the project Limits, and preferably out to 1.0 mile. Your letter includes the staterient "...Due to the lack of tro~s saitablc fbr ii:,sting: • •'~ eav levnestin~wicthin 0 5 mile ground level photographs in the CE reveal suitably sized trees for g g of the project site. The project site is already disturbed, and the project involves replacing ~ tree clearindgwilli~ a new bridge on the same ahgnment. It appears that little, if any, addition g occur at the project site. It also appears that the site experiences significant human activity. Given these facts, the Service concurs wi"th your conclusion that the proposed bridge replacement may affect; but is not likely to adversely affect the bald eagle. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. For future letters requesting concurrence, the Service requests that additional information be .provided. Your letter for this project, for example, should have included the extent of the surveys, whether or not eagles were actually observed, and your rationale for stating that no trees suitable for nesting were present. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856- 4520 (Ext. 32). Sincerely, ~~~~~ ~~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Bill Biddlecome, USAGE, Washington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC