20052022 Ver 1_Complete File_20051222

Permit Class
NEW
I]-Z. U i-?
(J 2
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
r
Permit Number
14-06
X11
17,200
???? O !\
6
for ST?Rh 4rJk,:?
X Major Development in an Area of Environmental Concern tvq,`?R??'1'eti
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 113 Airport Road, Edenton, NC 27932
Authorizing development in Hyde County at Drainage Canal connecting to Far Creek,
which runs parallel to SR 1100. Engelhard, as requested in the permittee's application dated 9/16/05. including
attached workplan drawings (2) dated as received 10/28/05.
This permit, issued on 1/17/06 , 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.
Drainay,e Canal Relocation and Shoreline Stabilization
1) A turbidity curtain shall be placed across the canal at the eastern end of the project area to prevent
sediment from entering Far Creek. The turbidity curtain shall be properly maintained and retained in the
water until construction is complete and all of the work area contained by the turbidity curtain has been
stabilized by vegetation or other means. The turbidity curtain shall be removed when turbidity within
the curtain reaches ambient levels.
2) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the area(s) as indicated on the workplan drawing(s), without permit modification.
(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
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
N.C. Department of Transportation Permit #14-06
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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 workplan drawing(s), without permit modification.
4) 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.
The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl or broken concrete.
5) The fill/riprap shall be placed in strict accordance with the attached workplan drawings. Any alteratior,
of the approved plans shall require additional authorization from the N.C. Division of Coastal
Management (DCM).
6) The proposed filter fabric associated with the riprap shall be in place prior to the placement of any
riprap.
7) All fill material shall be obtained from a high ground source. The fill material shall be clean and free
any pollutants except in trace quantities.
8) All excavated materials and debris shall be disposed of at an approved upland site or shall be recycled i
an environmentally appropriate manner provided appropriate authorizations from any relevant state,
federal, or local authorities are first obtained.
9) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
Sedimentation and Erosion Control
10) 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.
11) This project is in a High Quality Water- Zone and shall comply with the Design Standards in Sensitive
Watersheds, 15A NCAC 4B.0124.
12) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
N.C. Department of Transportation
ADDITIONAL CONDI'T'IONS
General
Permit #14-06
Page 3 of 3
15) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown
on the attached workplan drawing(s), a permit modification and/or additional authorization from DCM
shall be required. In addition, any changes in the approved plan may also require a permit modification
and/or additional authorization from DCM. The permittee shall contact a representative of DCM at 252-
264-3901 prior- to commencement of any such activity for this determination and any permit
modification.
16) 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.
17) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 12/22/05 (DWQ Project
No. 05-2022) under General Water Quality Certification No. 3400. Any violation of the Certification
approved by DWQ shall be considered a violation of this CAMA permit.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action 11) No.
200610154.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
IN REPLY REFER TO
Regulatory Division
Action ID No. 200610154
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
January 5, 2006
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City; North Carolina 28557-3421
Dear Mr. Huggett:
?q N
ip,,, T?O[?
?UAWg1FR??NC
Reference the application of the North Carolina Department of Transportation for a
Department of the Army permit to relocate an existing roadside canal and re-establish an eroding
road shoulder, off State Road 1100, adjacent to a man-made canal to Far Creek, near Engelhard,
Hyde County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
a. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
b. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
c. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
-2-
d. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
e. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
f. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
g. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
h. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
i. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
j. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
-3-
k. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. William Biddlecome, Washington Field
Office, Regulatory Division, telephone [phone], extension 26.
Sincerely,
/X&- P, S
William J. Biddlecome
Regulatory Project Manager
Copies Furnished:
Mr. John Hennessy
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
-4-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
+ p?pF W A7'FRQG
O '<
Michael F. tasiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 22, 2005 D
Hyde County
DWQ Project No. 20052022 On/j
APPROVAL of 401 Water Quality Certification with Additional Conditions O?U 9
Mr. Anthony Roper, P.E.
NCDOT, Division 1 ?,T?RMWgR?'?a
113 Airport Drive Suite 100 Nth
Edenton, NC 27932
Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Site Fill (e)_ Excavation ( )
Vegetated Wetlands 25-33
Non-vegetated Wetlands 1,140
High ground/bottom 950
The project shall be constructed in accordance with your application dated received October 28, 2005 for the
purpose of relocating a drainage canal along SR 1100 in Hyde County. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Number 3400. This certification
corresponds to General Permit 1980000291 issued by the Corps of Engineers. In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit issued by the US Army Corps of Engineers or the CAMA permit. This condition
supercedes Condition 13 of General Certification 3400 issued on March 2003.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 40] /Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
4.) All work shall be performed during low or normal flow conditions.
49;A
NCDENq:
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone]
5.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
6.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
7.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
9.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone].
ASincerel ,
for Alan W. Klimek,
Attachment
cc: Wilmington District Corps of Engineers
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Officer, NCDOT
Wanda Gooden, DCM, 1367 US 17 S. Elizabeth City, NC 27909
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Rob Ridings, NCDWQ, Wetlands/401 Unit
Central Files
File Copy
40' W A T?9?G
CO
p '<
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Nom` Carolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http?//h2o.enr.!3tate.nc.us/ncwetlands
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) In 15A NCAC 213 .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B.0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
NCDENR
North Carolina De artment of Environment and Natural Resource*q? ra
p r ?p? r s /.
Division of Coastal Management `q?(,;
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Mec ry
October 26, 2005
MEMORANDUM: r0, C (? 2
TO: Nicole Thomson J ?J
Division of Water Quality, Transportation Permitting Unit
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: NC Department of Transportation
Project Location: Drainage canal along SR 1100, Engelhard, Hyde County
Proposed Project: Relocate canal to re-establish eroded road shoulder
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11'/ld%03, to,4 8?Mai1' Servici xCenter, t taleigh, NC 27699 ]638. If you have any
questions regarding the proposed project, please contact Wanda Gooden at [phone]. 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: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: North Carolina Department of Transportation (NCDOT)
2. LOCATION OF PROJECT SITE: Drainage canal along SR 1100, Engelhard, Hyde Co.
Photo Index - 2000: 114-1387 1995: 114-1228
State Plane Coordinates - X: 2893750 Y: 654800
20052022
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Date(s) of Site Visit - September 26, 2005
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - September 22, 2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PTA, CW
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DRFD FD FILLED
OTHER
(A) Vegetated Wetlands 25-33 sf
(B) Non-Vegetated Wetlands: 1,140 sf (EW &
SB*)
(C) Other 950 sf (high
ground/bottom
excavation)
*SB = Shallow Bottom
(D) Total Area Disturbed: 2,090 sf (includes 25-33 sf of coastal wetland vegetation)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC HQW Open: No
NCDOT
Engelhard Canal Relocation
September 28, 2005
Page 1 of 3
8. PROJECT SUMMARY: NCDOT is proposing to relocate a drainage canal to re-establish an eroded
road shoulder on SR 1100 in Engelhard (Hyde Co.) to ensure safe travel and road structure stability.
PROJECT SITE
The project site is a drainage canal located along SR 1100 in the town of Engelhard (Hyde County), NC.
SR 1100 leads to an industrial commercial fishing site that depends on commercial truck traffic along this
corridor. The canal is a man-made structure that was designed to drain water from residential areas in
Engelhard. The canal bank has eroded, causing a significant loss of road shoulder on its north side. The
current width of the road shoulder ranges between 6" to 12".
Located to the north of the canal on the other side of SR 1100 are residential structures; to the east is the
canal connection to the boat basin for Far Creek, as well as residential structures and a commercial
fishing site. To the south, directly adjacent to the canal, is a residential home, and to the west is Highway
264.
The canal connects to a boat basin that empties into Far Creek, nearly 700 feet away from the drainage.
Far Creek is a tributary of the Pamlico Sound and is classified as "SC HQW" by the Division of Water
Quality. The Division of Marine Fisheries considers it a Primary Nursery Area and the Division of
Coastal Management designates it as Estuarine Waters.
The project area is roughly 190, x 14'. Water depth is approximately 2.5' measured from the water
bottom to normal water level (NWL). A sparse, narrow fringe of coastal wetland vegetation, ranging
from about 6 to 8 inches wide at various locations over a 50-foot area, is present along the shoulder of
the road that will be filled. Species identified included Spartina alterniflora, Spartina patens, Distichlis
spicata and Scirpus spp. Sea oxeye, pine, other shrubs and various roadside grasses were also noted
along the canal banks.
PROJECT DESCRIPTION
NCDOT is proposing to re-establish approximately 5 feet of road shoulder by relocating the drainage
canal on SR 1100. The relocation plan involves widening the canal 5 feet to the south, then filling 5 feet
on the north side for a distance of 190 feet.
Specifically, on the north side of the canal, the proposal is to place three feet of clean fill dirt and two
feet of Class B riprap, for a distance of 190 feet, to create a 5-ft wide road shoulder (see Table 1). This
area on the north side includes roughly 25-33 square feet of coastal wetland vegetation. The clean fill dirt
will be placed between the edge of pavement and the riprap to establish a 3 ft. grassy shoulder and a 2 ft.
riprap shoulder. Five feet of shoreline will be excavated from the south side of the canal, bottom and high
ground, for a distance of 190 feet. Approximately 1-ft wide of Class B riprap will then be placed a
distance of 190' to stabilize the south bank (see Table 2).
An estimated 87.97 cubic yards of earthen ground will be excavated from below NWL. The quantity of
high ground excavation is estimated to be 35 cubic yards. Moving the canal will require NCDOT to take
NCDOT
Engelhard Canal Relocation
September 28, 2005
Page 2 of 3
out shrubs and pine located on the canal's south side.
NCDOT Best Management Practices (BMP) for soil and erosion control will be used. For example, a
turbidity curtain will be positioned directly down the drainage canal from the project and remain in place
during the construction period and until banks are stabilized. In addition, filter fabric will be placed under
and around riprap to prevent leaching of earthen fill material. Dredged material of insufficient quality to
use as fill will be transferred to a NCDOT maintenance yard.
TnhlP 1 nP-velonment on North Side of Canal/hitch
Description o Work Dimensions Total Area
Dirt Fill 190' x 3' 570 s q. ft.
Ri ra Fill 190' x 2' 380 s q. ft
Total Area Filled: 950 s q. ft.
TnhlP 7 TIPvPlnnment nn Routh Ririe of Canal/Ditch

Description of Work
Dimensions Total Area
Excavated/Filled
Excavation 190' x 5' 950 s q. ft.
Ri ra Fill 190' x 1' 190 s q. ft
ANTICIPATED IMPACTS
Based on the review of the application and the site, the following impacts are anticipated with this
proposed development:
Width of the canal will be reduced by approximately 1.0'
Approximately 950 sq. ft. of bottom and high ground will be excavated to create new water
bottom
Approximately 1,140 sq. ft. of dirt and riprap fill will be placed in Estuarine Water and Shallow
Bottom
A marginal fringe (approximately 25-33 sq. ft.) of coastal wetland vegetation will be destroyed
Temporary turbidity in the canal, associated with excavation and filling, is expected during in-
water work
Average depth of the canal will remain at 2.5 ft. at completion of the project
Widening of the shoulder will protect the road and allow large trucks to safely travel to and from
the commercial seafood businesses located along SR 1100
Submitted by: Wanda S. Gooden/
Date: September 28, 2005
Revised: October 25, 2005
NCDOT
Engelhard Canal Relocation
September 28, 2005
Page 3 of 3
N
STATE OF NORTH CAROLINA

SEP 2 2 2005
COAFTAI.. AAANA? 'MEN-
?" i/ r'?1J e.. e n n ..alry- E .I
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
September 15, 2005
Wanda Gooden
1367 U.S. 17 South
Elizabeth City, NC 27909
Dear Mrs. Gooden,
The NCDOT is requesting a major permit for the relocation of a drainage ditch
located in Hyde County. This drainage ditch is a man-made feature that was constructed
many years ago to drain water from homesites in Englehard. Over the years the ditch bank
has eroded away and caused the loss of road shoulder on SR 1100. This road provides
access to an industrial commercial fishing site that depends on commercial truck traffic.
The current road shoulder ranges in width from 6 inches to 1 foot, which is inadequate for
safe travel and a stable road structure. In order to restore safe travel NCDOT is proposing
to re-establish the eroded shoulder by moving the canal south approximately 5 feet from
its current alignment for a distance of 190 feet. The south side of the canal is vegetated
with shrubs and a few 10-30 year old pine trees. These will have to be removed in order
to move the south bank back 5 feet. The north bank that is adjacent to SR 1100 is
vegetated with roadside grasses. The banks of the relocated canal will be stabilized with
class "B" rip-rap as shown in the provided drawing. This canal is connected to a boat
basin that empties into Far Creek approximately 700 feet down the drainage. Far Creek is
classified as SC HQW by the DWQ and considered a primary nursery area by the DMF.
Far Creek has been significantly impacted by shoreline stabilization, dredging and boat
traffic from the commercial fishing industry. The waters within the project area are
considered "Estuarine Waters" by the Division of Coastal Management and therefore
require permits for any proposed development. Included with this request are the MP-1
and MP-2 forms along with a location map, aerial photograph, adjacent landowner
notices and drawings depicting the proposed work. The WBS element charge number for
this project is 1.204811. Thanks for you efforts in this matter, if any additional
information is needed please contact me at 252-482-7977.
113 Airport Dr., Suite 100, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
Sincerely,
Anthony Roper, P.E.
Division Engineer, Division One
Clay Willis
Environmental Officer, Division One
CC: Bill Biddlecome, USACOE
Garcy Ward, DWQ
Rob Ridings, DWQ
Travis Wilson, WRC
Sara Winslow, NCDMF
113 Airport Dr., Suite 100, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
SR 1100 shoulder stabilization
Englehard, Hyde County
M
•, f
:? • Project Loca{ioFl
it
•?? • • t _• _ _ .!'4, -?..,,' ? '' a ?,•rtr'?
Ell .rah
win
W" a ?8 M r • ? h r• 'n? ? ,
It 1 f ?r ,
IV 4p
41
At-
• rr ?
1
IN
0 750 1,500 3,000 Feet
i
?• . t
l?
}z
'' =?

N
II
Form DCM-MP-1
APPLICATION
44? i'et;a a +V?13' : ssa i? ?J iimrn41?G1
SEP 2 2 2005
coasTAL MANAGMk4et4T
IT,
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
b. City, town, community or landmark
Enelehard
c. Street address or secondary road number
SR 1100 Big Trout Marina) in Hyde County
Name N. C. Department of Transportation
Address 113 Airport Road
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Clay Willis Environmental Officer
Address 113 Airport Road
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax [phone]
Project name (if any) SR 1100 shoreline
stabilization
NOTE: Permit will he issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Hyde
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Far Creek
approximately 700 feet down from the project
area.
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.
Relocate existing canal to widen shoulder for safer
travel and stabilize both banks with class "B" rip-
rap
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance
c. Will the project be for public, private or conunercial
use? public
d. 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. The purpose of this project is to relocate
an existing canal to reestablish a safe and stable
shoulder on SR 1100. The proposed canal will be
the same length and width as the existing canal.
Methods of construction will involve using and
excavator to widen the canal 5 ft. to the south and
then fill 5 ft. on the north side for a distance of 190
ft. Then the banks will be stabilized using class
Revised 03/95
Form DCM-MP-1
"b" rip-rap as shown in the provided drawings.
Earthen fill will be placed between the rip-rap
and the edge of pavement to establish a 3 ft.
grassed shoulder, which will leave 2 ft. of rip-rap
shoulder. This is illustrated in the permit
drawings. NCDOT Best Management Practices
for soil and erosion control will be used, including
a turbidity curtain placed directly down the
drainage canal from the Droiect.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.10 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or NWL
3.0 feet
d. Soil type(s) and texture(s) of tract
Ud (Udorthents)
e. Vegetation on tract Various roadside grasses such
as fescue and panic grass.
f. Man-made features now on tract SR 1100
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
JV A- Conservation Transitional
Developed _ Community
Rural X 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
(Aiiach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom9
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) X Other
If yes, has a delineation been conducted? No
(Attach documentation, ifavailable)
m. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runoff
from SR 1100 and adiacent maintained lawns.
o. Describe existing drinking water supply source.
None
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 preferred and
only high quality copies will be accepted. Blue-line
Form DCM-MP-1
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 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.
*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 Anna Mae Gibbs
Address P.O. Box 39
Englehard. NC. 27824
Phone
Name
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.
N
A check for $250 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.
40 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.
This is the 16th day of, September 2005.
Print Name Clay Willis
Signature . `
Revised 03/95
Form DCM-MP-1
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
- 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.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
Channel
(MLW) or (NWL)
Canal
?/ t=X GWII TZ
Boat
Basin (fill for
stabilization)
Boat
Ramp
Rock
Groin
Rock
Breakwater
Other
(Excluding
shoreline
stabilization)

190 ft. 10 OR. 2.5 ft. 2.5 ft.

-!.5oft
Iq?'ft•
,.?5 ft__.
5-F4. _
. 2'54't
0 ?T, _
o-Er.
ZSfT

1. EXCAVATION -
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 87.97 cubic yards
Type of material to be excavated earthen ground
L?TJ3,rt>nn
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. High ground excavation in cubic yards 35
2. DISPOSAL OF EXCAVATED
MATERIAL -NONE
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? ` Yes _ No N/A
If yes, where?
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? N/A
Yes No
If yes,
(1) Amount of material to be placed in the water
35 cubic yards
(2) Dimensions of fill area 190 ft. long X 2 ft.
wide X 2-3 ft. deep
(3) Purpose of fill to recreate shoulder area
behind rip-rap
f. Does the disposal include any area in the water?
Yes No N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead X Riprap
b. Length 190 feet
c. Average distance waterward of MHW or NWL
5 feet
d. Maximum distance waterward of MHW or NWL
5. GENERAL
8 feet
e. Shoreline erosion during preceding 12 months
Approximately 2 to 3 feet of shoulder/canal bank
has been lost
(Source of information) Personal observation
f. Type of bulkhead or riprap material
Class B rip rap
a. How will excavated or fill material be kept on site
and erosion controlled? Filter fabric will be placed
under rip-rap and wrapped around the top to
keep earthen fill material from leaching through
the rip-rap. A turbidity curtain will be placed in
the canal directly down from the proiect area as
shown in the permit drawing.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 52 cubic -yards
(2) Bulkhead backfill
h. Type of fill material Class B rip rap
i. Source of fill material NCDOT approved quarry
4. OTHER FILL ACTIVITIES -
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Backhoe, Dump trucks, Excavator
c. 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.
Clav Willis. NCDOT Environmental Officer
Applicant or P oject Name
4AI
Signat e
Date
Revised 03/95
i
N
L
a
e ' A0 ,
O
O -
O
O
b?Q
O
O

i ! ob
i
I
1 tE
f is
I
i
i
i

j
j
i? 11
4

'
} 4
5

I
.
uf ? - .
SR 1100 looking west

ttt
? i

? i
i

r?r^?
[s V/
T
Cd
0.5r^
V•
O
O
O ?
T?
V i
O
VJ
CCS
W -
W
O

5 } I .i 1 ? I
_
i
!r
1
{ t r
r
2 0 ? ,
Z S 0 ?- ? N

C
a a
7
t ti
V
j:! ? 7- F.cir n
CAAA -> FIovJ }o pcrT ?'?tMn

v 0 t v
d

-?
q ^
2
•
? W tL v
?
M
0 N O
i 1 y _
?
o ?
?

J Cw

a
c
r
t

? ="5 u
a.. ? N
•\ L
a
S
u

d
J
c
J ?
1
?
??
0 0
d1 S
Y
o d o

?1
c c 1 q
o G 1''t? S

G
? .i
J
t
1r Y
-O•V
W

4i
Nj
i
V ?
y
?\ 11
l
N ?
J

J
V
u
y ?
7