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HomeMy WebLinkAboutNCDOT 87-80 Scotts CreekPci 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 919 733-4984 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 (919)733-3524 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 I , AW. UI I N)1 V ' I I A a a �o o� 0 0� s � n WOODS i 20 E 4 WILLIAM V.LAUGHING, SE1 aVJ;LESCL&rHINGHOUSE \\ ! i FILL IN WETLANDS BELOW 15,400Cy. >. 26+00 ODINARY HIGHWATER TOTAL FILL 33,600a I AREA OF WETLANDS COVERED 2AC. I ' I I � EDGEOF .. THE CITY OF NEW BERN AND.CRAVEN COUNTY SIMMCNS-'NOTT AIRPORT A \ 8X5 DITCH , , i 48 H } IOW. O'R91 9R �.H1� WV RT a ` I ,_j.r �l 9E.REMO fD �+tID-BACKFICLE�__ _ 1 50 0 100 SCALE 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 N_% i WETLAND OLIVE LEE 1 \ t PROPOSED I I HLBERT R 7 i 1 e nn�.' ;j7 J4_ 11 ,� iWl ;TT C Ilf��l�al I� 7,.:�T'' a: 1 (.I. �. I s LE taD "9 t 1 NOT OW',�0,R01AR ARY(;iIGH AjiE tMO�{EDLSACiC1-1 Di B ! ( tl:}� LE^. T17ta"f [li , I ,L t �I .t t.. r� 1 i r._ .BE { ui..t 50 0 100- SCALE I _ 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 919/733-2293 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 2' wl J, NJ so � W HLBERT PROPLSED a E E F L( :E-MAIMA, 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 (919) 343-4641. e.rz KCPCSA LTC, Corps of Engineers Deputy District Engineer 2 ��•�^-e��,y,'1'ti: $��IT°'; _ �*�� � T8` T:..` i�,. 'Pad�r gys�.. ,,. e i'..� 't, �y� .. ! _ J �. ` ,hits 1j{Si r. a.i�.r,�� St. �,f`?«..1,� a� •f.. ryyyi��..,,,,A ti t'�'' .. 3j 1r - � �! w'J f�P '`y�"S haf � if `•.,.��Y$F� ;e t Jt/'L t'F' ♦, .�� Ate. �✓ a.i .jn,+: .� +T � R ���[�+�`.. 'J'a. Yyr '.. ' f !�✓ � Zi. +ems � � �r� sl "N � �ry arw,+'�' ° ?i� •fit � r ♦0 4 �.tir 4r A.> art r a �^ rr ib{✓�iYti �a Y� •�� 1�� s"., ��s 1 >: �� �Si F �r is i ✓� � Yy� Ss�'' c d C��t� i` ys M Y'?,4•" y ii�.�- > li"� ro s ��.• i/;' �'rr c r 4 ��}4. t*,`�SQ�� >�1Cti•.,�i� r 1 F �'�".51 �k+ *f'�1 ��„M r,rj k.��Y :ef vim{ y,`Yi• ¢' `` •1� Y5�y ^Y�• } �` ''i j v1•KU�./I r w. •Y� rF� }� Y.f�y.. I/l�.s 4 d ? r C 6 ,,. ..'"', .. 4l Naafi �L 1.7f,, s¢ �•� Trt.fl r•r K�y •l '��{'+�9 t�,•..,,;• •.:'•1 �.rr,FF�'�,� i„("�',� Is'n�.l �`[' � n* .� A �k. ~ ✓,t�'�� �}�,���� d�,� ' . �� �, y�i� ��R�4 ,f„9 ( {�•••c ���''33.'' ,�'x �°p/S;FFh 4 • tJ`'�Yy6 b `k'f ,j�ur�F'7 � T {}���•f, j�. 11 �,�.-10;a,� ar� 6 {{.,sY. f //y fC U�;, r �. Ail' 'i • Y�q '�y r g Y• l�. iye t?e 1 9•, ✓o `L w .+• 1 it n '9ft�two P �.;I�yj�y"n'�;���?�•:i•S�, .( � ��ry�A,�.�, il,t$t ti 1� �����y,d Qr'!�j'4�'y] .x � yf.i �? ryy! �'' 11 /j�r4(�n � .,� $¢ 1{'Ltit`��'1 Y�,'. 'A�f.�V,�1.` a/.�i✓� ��1 �'S y..yw!"}9V `i f R 4i' Al,/ •tie /{' f i= j . .yf kj(rJ�f/� 1' � /14 f \�`�� �,� , �L ..� f.Y��4.Xiry ni.� .i.1� l� ( 1. �. ._y13.• :����I•.;YC'P'.: I..! Si, t\. , filt\O:a�� 'r PkOTOC",RA4't'1 atioto BY . o� -.... _:.. . • Date i.cueiy ------.._ Coca .o ... _ Pw74, PhoTo By��; S un.p Date .... county N _�-- • 77A pfy -11 IV215 Alow rv? V, 1, —4 al le Tit" photo By .. o..- ate _........... T me .......... j, 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 jF;tE,f"':??'=rY•w°..;nrat..rY..sr3'"(„`wr`'-?";'t4�tiirt-:'."Mtn-,.Ysi..:.".zt�;?.%¢Hv,'khra'�'.�z nyr3*,Pgk�-nl.^4rtfi°rE'�c.7`},is;ae^' i r llkuJi i ."'Al1'-)N 1'.1Ar J. `�/ '+ `s / �•� eeUre1 Aol eF \ 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