NCDOT 87-80 Scotts Creek

Pci n,i Nunnt21 Permit Class
87-8U NEW
-- - - - -- STATI? 01• NORTH CAROLINA
Depailm(utl of Natural RusourCcs and Community Developme it
and
AfRFcFi QED
Coastal Resources Commission
. Grtitit AUCfor 3:.}
1R rl :'1
IM Major Development in an Area of Environmental
Concern pursuant to NCGS I I IA-118
® Excavation and/or filling pursuant to NCGS 11 ; 229
Issued to ._____ - __ -Deportment of Transportation, Division of Highways /
P. 0. Sox 25201, Raleigh, NC 27611
Scotts Creek
awhnnringdevelopntentin--Craven --_--._ _ ---(:u.at._'_---._._.—.._____._---------�--_—.—_.--
as requested in lite pernitlee's application dated 5/12/80; including attached
p I it s, shet-Cs 1-3 of 3 dated 5/80 subject to the conditions set forth below
(1) 111;11 In order to protect aquatic :;l,ocles duriny, signifleant periods In their
I1te cycles, no excavation or filling; is permitted between the dates of April
and October 31 of any given year.
(2) Thar In order to minimize the effects of siltation on water quality:
a) the new and existing; channels must be dredged and fiLled behind earthen
pings placed upstream and downs(ream of oath disturbed (•hannel aop.ment;
h) +t 24-hour period of time mu:;t he nlloaa•d to elapse prior to the removal
of the plugs ['or 11ty new or existing eroek segments;
t-) runoif from the construction area must not visibly increase Lite amount
of suspended sediments 1n the wntels ,rf Scotts Creek. NOTV: Enforcement
porsonnol will determine an increase as significant If the measured level
of suspended sediments is Increased by 25 National. Turbidity Units.
I !,,,• the .ItIachod she•L for Add illrnaI CondIttons j
It- 1'lll AUOVL CONDIIIONS AND TflE PLANS AND SPLiI IFICA1lONS SUBMITTED AS PART OF THE APPLICATION
(WIII:RINO'FIN CONFLICTWITII I IILCON DITIONSIARE NOT FOLLOWED PRECISELY, TIIE PERMITTLI; IS SUBJECT
TO A FINE. IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. 113A426 AND G. S. 113-229 (K) AND (L).
lhu permit nursl be ac,rssible. on site. lu Departnm•nl
personnel when lilt pugecl Is Inspected
'Pill. prnnrl action nnav be objected to by file perwillre
of othn qualified parouns within twenty (211) days of the
issmnr date. A valid appal Icgmu•. Irsuhniun lnior to wnik
mtliauon ,n :ontinu:nit, as the rase nrav be Signing lids
mono and pioceedmg with the ,sod. buds the applicant
fo , onq,lnuiee ,•. ilb :dl pe111111 ronddwln
An} mmnl.n.mte wotk ur pinirrr m-alificatlrn uol
r ovrn•d Ilene amdet Iequlrei fill 11:ol Ilet)11 raeml:d api WVA.
All w,-nk nu•.t a`aw %hen Ihr prmal espnn..
I'cunn cspn-­s un
Ue C''tllher 11, 1483
Signed by the :mthorily of the Secretary
L. Walton Jones. Deputy Secretary
Signed by the :mthodly (it the Chairman
(it the Coastal Ittu,un:es ('ununissiun
r
Kenneth 1). Slewalt• DilcOul
Office of ('ouslal Management
71 19.80
Signature of Pelinittee

1)U'1'-Dlvlslon of IIL);hways
August 7, 1980
Permit No. 87-80
Page 2 of 2
d) the project nctivtty must be conducted consistently with all provisions
of Lhu NC Sedimentation Pollution Control Act of 1973.
NOTE: A 401 Water Quality Certification is required for this project. Processing
has been initiated and proposed Certification will be acted upon on or after
September 10, 1980.
NOTE: In issuing this permit, the State of North Carolina agrees that your project
is consistent with the approved North Carolina Coastal Management Program.
17. Wniton Jones, De 6ty Secretory
Department of Nnturnl Resouroca 6
Community Development
Kenne�ewart, Director
Office of Coastal Management
Signature of Permlttee

N' North Carolina Department of Natural
MW Resources &Community Development
James B. Hunt, Jr., Governor Howard N. Lee, Secretary
-Estuarine Management Section
Dear Mr. Nelson:
The attached— c`ow o
. C. Dept. of Tran
t s Name
June 18, 1980
application submitted by:
tion
Scotts Creek Craven
Location of Project County
X for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development
permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
July 2, 1980
Orig. in Mhd. 1W., ck. Sincerely,
to be sent directly to JP.
PN att. Copies to fld. ofc.
this date. v�
Joittt R. Parker, Jr.
Permit Coordinator
PKP:sp:321
Post Office Box 27687 Raleigh, North Carolina 27611 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

X (A) This agency interposes no objection to the proposed wotk.^'
rk
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e),1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that.there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A 'and/or B
and/or C are hereby detailed.
See attached
(E) Comments are submitted that do not directly relate
to item B and/or C but are:relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
Preston Pate
signed
ate

Field Services, OCM
PO Box 769
Morehead City, NC 28558
June 18, 1980
MEMORANDUM TO - John Parker
From Preston Pate
Subject App. for State permit - NC DOT - 5-12-80
Location - Craven County on Scotts Creek
Investigative process - App. rec. Morehead 5-20-80; on site visit made 6-10-80.
Environmental setting - Scotts Creek is a small tributary of Neuse River located
on the southern side of Neuse River and slightly east of the confluence of Trent
and Neuse Rivers. The lower end of Scotts Creek is presently used for a large pulp-
wood loading facility. The creek extends inland under US Hwy. 70 by way of large
culverts. The upper portion of the creek courses through an area which includes
both farmland and residential development. The portion of Scotts Creek within the
area of project influence has obviously been altered by past excavation. It is
now actually a 10' wide and reasonably straight ditch which, on the time of my
on-site,visit,had water depths of approximately 1'. Spoil material from past exca-
vation has been placed on the southern side of the creek, and appears to have ef-
fectively isolated the creek from the adjacent wetlands. The adjacent wetlands
have characteristics typical of southern flood plains. They are vegetated primarily
with cypress, black gum, red maple, etc. Soil types are deep organics and there is
very little understory vegetation, although scattered patches of lizzard tail are
apparent.
Project proposal - N. C. Dept. of Transportation proposes to construct a connector
roadway between US 70 and SR 1167 in the vicinity of Simmons Knott Airport near New-
bern. The project is being proposed to provide a quicker and more efficient access
route from Hwy. 70 to the airport. The selected right-of-way will cross a portion
of Scotts Creek and the adjacent wetlands. Construction methods will require the
relocation of approximately 450 lin.ft. of Scotts Creek. The existing channel dimen-
sions will be duplicated in a parallel channel dug about 50' north of the existing
location. Flow under the proposed new roadway will be by way of two 54" diameter
culverts. Further construction methods will require excavation of unsuitable ma-
terials within the Scotts Creek flood plain along an area given as 700' long and
85' wide. Suitable fill material will be placed in the mucked -out area to provide
a base for highway construction.
Environmental impact - The portion of this project which requires the relocation
of Scotts Creek will probably have little long term impact on aquatic resources of
that area. The channelized nature of the existing stream appears to offer little
habitat diversity, and is probably a relatively unproductive area. There will be
significant increases in turbidity levels in Scotts Creek during project activity.
This has the potential for having adverse effect on more productive downstream
areas if the excavation and associated land disturbing activity continues for an
extended period. These effects could be mitigated with proper timing of the pro-
ject and designed to isolate the area of construction from the flow of Scotts Creek.
The actual roadway itself will consume approximately95500 sq.ft. of the Scotts
Creek flood plain. This includes an area immediately adjacent to the existing chan-
nel which has been previously filled from the original excavation and an adjacent

Ma
area of cypress -gum swamp. There will be a loss associated with this of valu-
able wildlife habitat, and consumption of greater than one acre of the Scotts
Creek flood plain. The project documents do not describe any provisions be-
ing made for lateral exchange between the creek and the adjacent wetlands (flood
plain).. The potential for increase. in the effects of floods on the downstream
areas of Scotts Creek is, therefore, increased.
CAMA REVIEW - The project area has been classified on the Craven County land use
plan as being partially transitional and partially rural.- Use of areas with
these classifications for road construction appears to be compatible with those
acceptable uses specified in the land use plan. The land use plan also identi-
fies as one of six major goals an adequate system of transportation throughout
Craven County, with access to development property. An objective of this goal
is to review annually the transportation needs within Craven County, and work
closely with the NC DOT to establish priorities.for improvements. One can ss-
sume that since this project is being proposed to benefit access to a county and
city supported airport that it also is supported by those same local governmental
bodies. In this respect the project is consistent with the goals and objectives
of the Craven County land use plan.
Preston Pate

Re: App. for State permit - NC DOT 5-12-80
Turbidity associated with rerouting Scotts Creek, and other associated land dis-
turbing activities, is an issue which should be addressed through conditions to
the permit.
One condition should require that the project be timed during periods of least sig-
nificant biological activity to be consistent with 7H.0208(a)(2g). The period of
least biological activity should extend from November 1 until March 31. To comply
with 7H.0208(a)(2)(e) which states that development shall not measurably increase
siltation, the project should be designed in such a manner to provide for the re-
routing of Scotts Creek and filling of the existing channel to be isolated from
the flow of Scotts Creek. This could best be accomplished by placing earthen plugs
at the upstream and downstream limits of the project activity.
Preston Pate

r �
� Mr
MAY a S 1930
STATE CIF NORTH CAROLINA
DEPAP-i BAENT OF TRANSPORTATION COASTAL RESOURCES COMA.
RALEIGH 27611
s0,HUNT, JF.. May 12,
C OVE MOR CC HIGMVA` S
WMARY
y.;tlt }`lyiti
District Engineer i . l list.
U. S..C'orps of Engineers i D""f S'_ _ 1
P. 0. sox 1890
ili1r.Ii.n�aor., N. C. 28402. - _
--'
Attention: Regulatory Functionz Branch
Subject: Application for Section 404 and State Permits -
Proposed Fill in Wetlands on Proposed SR 1167,
Crossing Floodplain & Scott'3 Creek, Project;
6.2221501 - Craven County
Dear Sip:
Tr. fort' Carolina De?arty nt of `franspor =a` ion -Dig isi.
of Hign A i s mazes application f.,r a Section 404 and State
Permits is required for the above proposed work.
At'n7hed are three copies cf the permit t_c_:ilication and
three cap -es each oI' sheets 1 through 3 Of drawings depi.ctint
pr".pose:; ^!Grk.
An.'liCation is being evade, 'y copy of this lette.', for ..=rmit-
requireu from the Nortt Urolir,a Department tuna'_ Resoup-^es
and Cot:: ,unity Development. When received, you Brill be furni_ :ed
a copy.
Yu:? expeditious har. ling qf Lhis request gill be ^caiate:
.. an?f ....,litiG:78_ 1nfnrma_.!on _. needed, please: contact,this ffin..
Yo..'s ve2y truly,
C. . dyorton,
::EV , - not. °'._nqor of Techrina' Sery i c
'c: n Krkcer, UOD - .. !Ln zu; i n of A! Pl_cation & , __no..,
Q. E. 'alai l r•

' APPLICA110N
FOR
PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WAT
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR DEVELOPME
State o' North Carolina
Department of Natural Resources & Community Development
(GS I13 229, 143-215.3 (a) (1), 143-215.3 (c), 113A-118
.I.-Iven Co.
(INS,
MAy 'zo 19eo
O1V EM6 [11q wa keht of he Army
CorpSt�ngincer - ngto District
33 GI R`2J9: 20-329)
Department of Administration
(GS 14b-12)
Please type or print ano fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information ATPN: C. R. EDGERTON,PE, MANAGER OF TECHNICAL SERVi:;ES
A. Name ,"... C. Department of Transportation —Division of Hif;hwa,ys
Last First Middle
B. Address P. 0. Box 25201 _
Street, 1'. O. Box or Route
Raleigh, North Carolina 27611 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Craven
B. I. C,:y, town., .:ommunity or landmark New Bern
2. Is proposed work within uty limits? Yes —No
C. Crte6, river, sound or bay upon..which project is located or nearest named body of water to project The -'r-)joct.-.__
crosses the floodplain of Scott's Creek
I11. Description of Project
A.
1. Maintenance of existing project 2. New work
B.
Purpose of excavation or fill
1. Access channel length width
depth
2. Boat basic length width
'depth
3. Fill area X length 7001+ width
85'+ depth
4. Other ~luck length 700' width
85' depth
C.
1. Bulkhead length NA . Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) NA
D.
Exusated material (total for project)
E.
1. Cubic yards 2. Type of material
Fill be below 9K VI. A)
material to placed (see also
1. Cubic yards 15,400 CY 2, Type of material
Earth
X
IV. Land Type, Disposal Area, and Construction Equipment: Total Fill: 33,600 CY
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal area 1. Location
2. Du you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled? Silt fences, silt ditches, and
terrporary silt basins
I . 11pe of equipment to be used � dghway constru3tion equipment
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
D&FBI
Rev. 3178

V:Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial Construction
3. Housing Development, or Industrial
4. Other
access
B. 1. Lot size(s) NA
2. Elevation of lot(s) al)ove mean high water NA
3. Soil type and texture
4. Type of building facilities or structures 2 @ 54" and 1 — 36" pipe
5. Sewage disposal and/or waste water treatment A. Existing NA Planned NA
B. Describe
VI. Pertaining to Fill and Water Quality: ordinary
A. Does the proposed project involve the placement of fill materials below &Xln high water? Yes X No '
B. 1. Will any runoff or discharge enter adjacent, waters as a result of project activity or planned use of the
area following project completion? Yes X Nu
2. Type of discharge Runoff from proposed roadway
3. Location of discharge
VII. Present rate of shoreline erosion (if known): NA
VIII. List permit numbers and'issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: 1 year _
X. -1n addition to the completed application form, the following items must be provided: A. Attached a copy ut the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land. .
B. Attach an accurate work plat drawn to scale on 8%: X 1 I" white paper (see instruction booklet for
- details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified -mail or by publication (G.S. 113-.229(d) Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
(-See attached list)
�-L y
DATE 5-12-80
Applican('s Signature
Manage of Technical Services'
Send one completed copy each to: .
Assistant Secretary for Natural Resources District Engineer
Department of Natural Resources & Community Development - Wilmington District Corps of Engineers
P. O. Box 27087 P. O. Box 1890
Raleigh, North Carolina 27611 Wilmington, North Carolina 28401
I'll. 919.733.4006 (Note: attach Corps transmittal letter)
Ph.919-763-9971 Ext.565
D& F-B2
Rev. 3/78

PROPERTY OWNERS - 8.2221501 - Craven County
Hubert Rhodes
1115 Herkimer St.
Brooklyn, N.Y. 11233
The City of New Bern and Craven County
Simons-Nott Airport
City Hall Building
New Bern, N. C. 28560
William V. Laughinghouse
904 Howell Road
New Bern, N. C. 28560
Charles C. Laughinghouse
802 Howell Road
New Bern, N. C. 28560
Olive Lee
1109 Highway 70 East
New Bern, N. C. 28560

I VCATIUN MAr
SHIPPING POINT -NEW SERN, N.C.
PROJECI LOCATION MAP FROM
N.C. D.O.L COUNTY MAJ
SCALE
0 1 3 ] 1 MILES
PROPOSED FILL IN WETLANDS ON PROPOSED
SR 1167 — CRAVEN COUNTY — PROJECT 8.2221502
APPLICATION BY: N.C. D.O.T.
DIVISION OF HIGHWAYS
SHEET 1 of 3 MAX 1980

i C CHA GE I
25 i I
HU8ERT RHODE
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WILLIAM V.LAUGHING, SE1
aVJ;LESCL&rHINGHOUSE \\
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FILL IN WETLANDS BELOW 15,400Cy.
>. 26+00 ODINARY HIGHWATER
TOTAL FILL 33,600a
I AREA OF WETLANDS COVERED 2AC.
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� EDGEOF ..
THE CITY OF NEW BERN AND.CRAVEN
COUNTY SIMMCNS-'NOTT AIRPORT
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PROPOSED FILL IN WETLANDS ON PRGP0.5EC
SR. 1167-CRAVEN COUNTY -PRUJ. t.2_"1501
APPLICATI-IN BY NC.D.O.T.
DIVISION OF HIGHWAYS
SHEET 2 OF 3 MAY 1980

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_ PROPOSED FILL IN WETLANDS ON PRUPLSEG
S.R. 1167= CRAVEN COUNTY- PROJ. 6.2221501
APPLICATION BY: N.C.D.O.T.
DIVISION OF HIGHWAYS
SHEET 3 OF 3 MAY 1980

l
OFFICE.OF
'- •. si r North Carolina Department of Natural COASTAL M\4ANAGENIE NT
Kennett) C. Stewart
� Resources &Community Development o,re t„t
Box 27687. Raleigh, N.C. 2767 t
James B. Hunt, Jr., Governor Howard N. Lee, Secretary Telephone [phone]
Field Services Section
PO Box 769
Morehead City, NC 28557
919 726-7021
June 18, 1980
New Bern Sun Journal
New Bern, N. C. 28560
Gentlemen:
Please publish the attached Notice in your June 20,
1980, edition of the Sun Journal. Send us bill in duplicate
and affidavit of publication as soon as possible.
Cordially yours,
Preston P. Pate, Jr. Chief
Field Services Section
PPP/rt
encl.
An Equal Opportunity A(/irmative Action Employer

NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
Pursuant to NCGS 113A-119(b), the Department of Natural Resources and
Community Development hereby gives public notice that an application for a.
development permit in an Area of -Environmental Concern as designated under
the CAMA was received on May 20, 1980 According to said ap-
plication N. C. Dept. of Transportation, Div. of Highways proposes to construct
a connector roadway between US 70 and SR 1167 in the vicinity of Simmons Knott
Airport and reroute a portion of Scotts Creek near New Bern, NC
A copy of the entire application may be ex8mfned or copied at the site or at -
Preston P. Pate, Jr.
the office of Division of Marine Fisheries Office in Morehead
City after this date during normal business hours. Comments mailed to Mr.
Kenneth Stewart, Executive Secretary; Office of Coastal Management, P. O. Box
27687, Raleigh, N. C. 27611 prior. to June 30, 1980 will be con
sidered. _
Publish

NMFS SERO I47,
FIELD INVESTIGATION REPORT
I. Investigation Type: Section 10 404 X
A.. Public Notice No. 224 Da-e 6-26-80 Agency Wil. Corps of Eng.
Date Received June 27, 1980 Extension To
B. Pre Application Activity none Date Agency
C. Post Application Activity on -site visnIIate 6-10-80 Agency OCM
II. Applicant's Name S Address: NC Dept. of Trans., Div. Hwy. PO 25201, Raleigh NC
III. water Body 6 Location of.Work (City, County, State): Scotts Creek near New
Bern. Craven County, NC
IV. Purpose of Work (Describe, e.g., eater control, hurricane protection, etc.):
The work is being proposed to reroute SR 1167 to provide a shorter access route for
traffic bound for Craven'County municipal airport from US Hwy. 70. It is not water de-
pendent; it is intended for public use.
A. Water Dependent: Yes No Both
B. Intended Use: Public Private Both
V. Description of Project (Append schematic of plans):
See "over"
A. Fill or Spoil Area:
1. Dimensions: 1,170' by 85'
2. Total Area: 99,450 sq.ft. (Wetland) (Non -We tland)
a. Area Vegetated Wetlands: 94,950 sq.ft.
(Submergent) 94,950 sq. ft.(Emergent)
b. Area non -vegetated wetlands:
(Submergent) 4,500 sq.ft. (Emergent)

DOT proposes to construct a connector roadway between US 70 and SP 1167 in the
vicinity of Simmons Knott Airport near New Bern. The project is being'p=oposed to
provide a quicker and more efficient access route from Hwy. 70 to the airport.
The selected right of way will cross a portion of Scotts Creek and the adjacent
watlands. Construction methods will require the relocation of approximately 450
lin.ft. of Scotts -Creek. The existing channel dimensions will be duplicated in
a parallel channel dug about 50' north of the existing location. Flow'under the
proposed new roadway will be by way of two 54" diameter ctilver.ts. Further con-
struction methods will require -excavation of unsuitable materials within the Scotts
Creek flood plain along an area given as 700' long and 85' wide r Suitable fill
material will be placed in the mucked -out area to provide a base for highway con-
struction.

1
!1
3. Method(s) to retain materials: Standard methods employed by DOT
on all road construction projects - i.e., silt fences and silt basins.
4. Method(s) to prevent erosion: none specified
S. Intended use of fill 'area: new route for SR 1167 ,
B. Dredge or Sorrow Area:
1.- Dimensions (Length, width, depth): 450' long by 10' wide by 4' deep
2. Total Area: 4,500 sq.ft. (Wetland) (Noa—weG?and)
a. Area Vege-tated Wetlands: 4,500 sq.ft.
(Submergent) (Emergent) 4,500 sq.ft.
- i
3. Quantity of materials to be excavated appx. 1,000
(cu.. yds.}
Polluted: Yes X No Unkaoc.-a
Pollutants (Apparent Source)
4. Kinds of materials to be excavated (e.g. silt):
organic material and sandy clay
5. Intended use of excavated area: new route for Scotts Creek
6. Methods of excavation: dragline
7. Will borrow area be backfilled: Yes X No
If yes, with what type material and where will it be obtained?
C. Description of ,property adjacent to project site and in area of project
influence (e.g., residential, industrial, etc., and extent of development).
Property surrounding the proposed route of SR 1167 is predominantly wooded swamp.
The areas where the new route will connect with existing roadways are presen y e
ve-oped as residential.

B. Project Operation (if applicable): Construction o£ the road across the
wetlands ,will require that unsuitable material first be removed along the 117 x
wide route w is wiltMuss a Suitable material will be
placed in the area excavated to provide a.suitable ase for the net. highway.
VI: Habitat Description of Project Site and/or Area of. Project Influence
(Append'Map and Annotated Photos):
Area I
A. Vegetated Wetlands Dred¢ed Filled Other2
1. Predominant
Emergent Species
Cypress, black gum & 4,500 sq.ft. 94,950 so ft.
red maple ,
2. Predominant
Submerged Species
B. Non —Vegetated Wetlands
Open water of Scotts Creek 4,500 sq.ft.
1/ Source of data (i.e., planime ter, estimate, etc.)
2! Define (e.g. vegetation to be affected by impoundment or water
level manipulation)
.,

4
C. Fish and .shellfish resources (list predcaisanc species and identify their
primary use of area, e.g., designation of primary nursery by a state):
The upper reaches of Scotts Creek (the area in which this project is located) provide
little habitat for estuarine species. The creel: at this Location appears to have been
channelized and maybe more accurately characterized as' being an open ditch. There
is no fringe of aquatic vegetation, and water depths in the creek were approximately
1' on the date of my ivestigation. Spoil material from the original excavation of
Scotts Creek has been placed on the southern side of the creek and appears to have 1
isolated the creek from the adjacent flood plain. I would expect that sampling in
this area would show that predominant species are freshwater and because of the
present depth of the creek I doubt that there is any anadromous fish value associated
with it.
Source of information (i.e., personal observation; literattn:e, etc.):
NC Div. Marine fisheries and personal observation
D. Endangered, protected or threatened marine mammal, turtle, or fish
species (list species.,.source of information and note use of habitat as to
M-migration, F-feeding, S-spawning/breeding):
E. Biological significance of area (describe briefly the importance or
relationship of proposed work area to fishery resources in area of
project influence, e.g., source of detritus, etc.):
The biological significance of Scotts Creek from the standpoint of fisheries pro-
duction is marginal as explained above. However, the filling of the adjacent wet-
lands 'does constitute.a major change .in the hydrology of the Scotts Creek system,
particularly as related to the function of the flood plain._ There is probably
little direct contribution of detrital material to the creek since the flood plain
appears to be essentially isolated from the creek by the existing spoil berm. The
project will degrade other values associated with the flood plain such as a storage
area during 'periods of flooding and a filtering mechanism to maintain good water
quality in Scotts Creek.

VI I. ?otential direct and indirect effect. of environmental alteration on fishery
resources and/or their use (Brief Summary): -
The most serious effects of altering the Scotts Creek system will not appear as
direct or indirect reduction of fisheries resources. I base this conclusion '
on the availability of existing fishery habitat in the area and the apparent.
isolation of Scotts Creek from the adjacent wetlands.
It is possible that during project construction activity that regardless of the
attempts made by DOT to control erosion, that there will be elevated levels of
turbidity within Scotts. Creek. This turbidity will probably leave the area of
construction and adversely affect the lower more productive reaches of Scotts
Creek. However, even if this does occur, the impact will be on primarily fresh-
water resources.
u

Vill. Project :alt?rnatives that could prevent or reduce Impact on fishery
r esour c es:
A. Held in abeyance (summarize •reasons, e.g., not enough infor.,ation
in Public Notice or pending EIS):
f
S . lbdifications
1. Design (summarize, e.g., reduced length,widthr depth;. select
different spoil disposal sites, etc.);"
2. Operation (summarize, e.g., maximize tidal flushing, sa ter levels,
monitoring, etc.):'
One obvious problem with the design of the roadway is that no provisions are being
made to provide water flow through the new causeway in an effort to maintain exchange
between Scotts Creek and cne aajacent wetlands. Ine flow or ZSCoLts CreeR un er e
new roadway will be provided by way of culverts; however, the plans do not show the
placement of cuivert"t any of er IocaLlon.
3. Location (e.g.,.alternative site):

_ r
LY. Other Comments (i.e., project was discussed with applicant, etc.):
%. FYeld Reconnaissance Data:,
i
A. Investigator(s) +_
Name Agency OCM
Preston P. Pate
t
B. Date. of. Investigation June 10, 1980 time
E-
u

NJ
WETLANOS
WETLANDS
ICI' 11
OLIVE LEE
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HLBERT
PROPLSED
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PROPOSED FILL IN WETLANDS ON PRL;p. SEC
5R: 1167- CRAVEN COUNTY- PROj. 6.22ii5ol

DEPARTMENT OF THE ARMY JUN 2 2 jggp
Wilmington District, Corps of Engineers _
PO Box 1890 DIV. MAk, FISH.
Wilmington, North Carolina 2840 DREDGE A FILL MGT.
I
SAWC080-N-016-000224 ,rune 1980
PUBLIC NOTICE
THE ICAROLINA DEPARTMENT OF TRANSPORTATION; DIVISION OF HIGHWAYS, PO Box 25201, Raleigh, North Carolina
H-;-ires—ay� Department of the Army permit TO PLACE FILL MATERIAL IN (REEK AND ADJACENT
WETLANDS TO ALTER ITS ALIGNMENT TO FACILITATE THE CONSTRUCTION OF AN AIRPORT ACCESS ROAD AT NEW BERN, Craven
County, North Carol Ina.
The following description of the proposed work is taken from data submitted by the applicant and from
observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with
the application show the proposed placement of fill material below the ordinary high water (OEM) of Scott's Creek
to facilitate the construction of SR 1167. The proposed road construction requires the placement of
approximately 15,4DO cubic yards of earthern material below the ordinary high water (OM) elevation and an
additional 18,600 cubic yards In surrounding wooded wetland area. Approximately 450 linear feet of the creekbed
Is to be filled and realigned. A 125+ foot segment of the new creek channel is to be directed through two
54-inch diameter culverts. The total wetlands to be fllled include approximately a 2 acre area. Soil erosion
control will be accomplished by use of silt fences, silt ditches, and temporary silt basins. The purpose of the
proposed project Is to provide Improved access between Highway. 70 to the Simmons-Nott Airport. Plans showing the
proposed work are included with this public notice.
The applicant has determined that the proposed work Is consistent with the NC Coastal Zone Management Plan and
has submitted this determination to the NC Office of Coastal Management for their review and concurrence.
This proposal shall be reviewed for the applicabi llty of other actions by North Carolina agencies such as.
a. The Issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the NC
Division of Environmental Management.
b. The issuance of a Permit to Dredge and/or Fill under NC General Statute 113-22.9 by the NC Office of
Coastal Management.
c. The Issuance of a permit under the NC Coastal Area Management Act (CANA) by the NC Office of Coastal
Management or their delegates.
d. The Issuance of an easement to fill or otherwise occupy State-owned submerged land under NC General
Statute 143-341(4), 146-6, 146-11, and 146-12 by the NC Department of Administration and the NC Council of
State.
The requested Department of the Army permit will be denied if any required State or local authorization and/or
certification Is denied. No Department of the Army permit will be Issued until a State coordinated viewpoint
Is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on
factors of concern represented by the above agencies directly to the respective agency with a copy furnished
to the Corps of Engineers.

The District Engineer has made a preliminary determination that an Environmental Impact Statement under
Section 102(2)(c) of the National Environmental Policy Act of 1969 Is not required. This determination will
be reviewed considering facts submitted In response to this public notice.
This application Is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any
person may request, In writing within the comment period specified In the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state, with particularity, the reasons
for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of Historic Places
for the presence or absence of registered properties, or properties listed as being eligible for Inclusion
therein, and this worksite is not included as registered property or property listed as being eligible for
Inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource
Investigations by the District Engineer, and he Is otherwise unaware of the presence of such resources.
Presently unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work
to be accomplished under the requested permit.
The District Engineer has determined, based on a review of data furnished by the applicant and onslte
observations, that the proposed activity will not affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 1973.
The decision whether to Issue a permit will be based upon evaluation of the probable Impact of the proposed
activity on the public Interest and will Include application of the guidelines promulgated by the
Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act.
That decision will reflect the national concern for both protection and utilization of Important resources.
The benefit which reasonably may be expected to accrue from the proposal must be balanced against Its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered;
among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production,
and in general, the needs and welfare of the people. No permit will be granted unless Its Issuance Is found
to be In the public Interest.
Written comments pertinent to the proposed work, as outlined above, will be received In this office, ATTN:
Mr. Bob Johnson until 4:45 p.m., 21 July 1980 or telephone [phone].
e.rz
KCPCSA
LTC, Corps of Engineers
Deputy District Engineer
2

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLTK/ 28402
a
IIV NGYLT NG. GN IV -/ ��� \i
19 December 1000
DEG �9 ti990 � `
alr. Charles Rd rton
VC i'apertmant of traTaoortsti
Division of +livsy�_
PU llsn 25201
Ralai;h, NO 27411
^mar '!r. Tcl�ertnn r
In accordance with the writto rvquaat of 12 !ter 1940 anti the ensuing
ndainiatratiue rxecozd, there a inclosed • penait place fill m:tvri.al
in Scottie Greek and adisesnt aa40 to faa to construction of, an
sirrarr_ access road at laps- Rern, Craven nomety, !Yorth Carolina.
If any change in the authorised work is required heeause of unforeseen or
altered conditions or for any other reason.. clans rwised to show the
chana„e -suet be sent Promptly to this offite. &4cb action is necessary as
revised plans "at he reviewed &-A the permit modified.
P1e42e carefully read your narmit. The aenersl and spacial conditions
are iiagortent. Your failure to comply With these conditions could result
in a violation of federal law, Certain significant general conditions
require that•
1. You Brost begin your work on or before 31 nec"ber 10A2 and
complete construction l+efore 31 Oscernber 14?4.
'. You .oust notify this offite in s9vance as to when you intend to
co -scenes and complete work,
I. you -mist allow representatives ?ram,• this office to +rile "eri-iie
visits to Pour wort -situ as r?as[cd necaasary to assure compliance With
permit plans and conditions.

v

p, ; hpt if the,activity authorized herein is not started on or before 31st day of December 79 82
gone year from the date of issuance of this permit unless otherwise specified) and is not completed on or before 1 a I -
day of December , 1954 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if
not previously revoked or specifically extended, shall automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be
necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property.
s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
I. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official.
i
11. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
1. In order to protect aquatic species during significant periods in their
life cycles, no excavation between the dates of 1 April through 31 October of
any year without the prior approval of the N.C. Division of Marine Fisheries.
2. In order to minimize the effects of siltation on water quality:
a. The new and existing channels will be dredged and filled behind earthen
plugs placed upstream and downstream of each distrubed channel segment.
b. A 24—hour period of time will be allowed to elapse prior to the removal
of the plugs for the new or existing creels segments.
ti
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BEG_PROJ.
SHIPPING POINT — NEW BERN, N.C.
NI;I-JC1 ! uC;',1'Ic;N N1AP FIt11M
N.C. D.0.1. C U U N T Y MAN
I \
SCAT E
As
4
PROPOSED FILL III WETL;ItiJS ON 1`ROPOS':"
SR 1167 — CRAVEN COUNly — ^ROJECT 4..':'.1'
APPLICATION BY: N.C. ;r.O.T.
DIVISION OF IIIGI.11PYS
SIL,ET 1 of 3 I41'Y 1080

;HE CITY OF NEW BERN AND CRAVEN
CWNTY SIMMLNS-NUTT AIRPORT
N.
FILL IN WETLANDS BELOW
GDINARY HIGHWATER
TOTAL FILL _-
AREA OF WETLANDS COVERED
50 0 100
� SCALE
PRjPOSED FILL IN WETL�f._'S ON Prt,•
SR I I-'iAVEI i wi i i Y ....._ . ,wi
I'PI.I .;i' ..: b'i NC.D.OI
DIVIS!ON OF HIGHWXrS
SHEET 2 uF 3 MAY 19L'O

' ��IWETLANDS
WETLANDS
OLIVE .EE
i Ig'`
i l
B
HLBERT
l
50 0 00
SCALE
PROPOSED FILL IN WETLANDS ON PR P.;;E
S.R. I IG7- GRAVEN COUNTY- PROJ. B 2221P"0,
APPLICATION BY N C.D.O.T
DIVISION OF HIGHWAYS
SHEET 3 OF 3 MAY 1980