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HomeMy WebLinkAboutNCDOT 66-96 SR 1128 (Oyster Creek) •Permit Class Permit Number , ' NEW 66-96 / STATE OF NORTH CAROLINA / Department of Environment,Health&Natural Resources / and / Coastal Resources Commission 11 + 112 / It emit -- +Ife��vEp • for MANgG AL9 ■ X Major Development in rea of Environmental Concern kEN pursuant to NCG 18 X_ Excavation an / > 11ing pursu to NCGS 113-229 9 , Issued to N.C. Dept. of Transportation.P.O. Bo f/ J ' ' ,NC 27611 ' authorizing development in Hyde nty4t c4,1-co I I ected to Oyster Creek on SR 1128 near / •• ., ' Swan Quarter , as requested in the permitte s applica0f dated3/21/96 including attached workplan / ' drawings. 3 dated revised Feb. 1996. , / , This permit, issued on MAY 8, 1996 ,is subjec td„c6mpllance 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. , Excavation and Fill / ' 1) In order to protect juvenile shrimp and fin fish populations,no excavation or filling will be permitted between March 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. / / / 2) All fill material will be clean and free of any pollutants except in trace quantities. / / / ' 3) The fill material to be used as backfill over the culvert will be totally confined behind the permitted / head walls. / / / I / (See attached sheet for Additional Conditions) / / ' This permit_action may be appealed by the permittee or Signed by the authority of the Secretary of DEHNR and the ' ' other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. ' ' 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 A0ger . Schecter, personnel when the project is inspected for compliance. , Any maintenance work or project modification not astlManagementDt , covered hereunder requires further Departmental approval. Division of Coastal • All work must cease when the permit expires on This permit and its conditions are hereby accepted. ' ' December 31, 1999 I , In issuing this permit,the State of North Carolina agrees7//47 , if , that your project is consistent with the North Carolina , , Coastal Management Program. Signature of Permittee ' '. ozp ,o.o�oxoxa•-e.....;:, xc • • N.C. Dept. Of Transportation Permit#66-96 Page 2 of 2 ABHM" AL CONDITIONS • 4) The temporary placement or dotible handlinuf excavated or fill material within waters or vegetated wetlands is not authorized. • 5) No excavated or fill material will Wplacecl.at 'me in any vegetated wetlands or surrounding waters outside of the alignment of the It area ated on the workplan drawings. • 6) All excavated materials shall be confined above math h water and landward of any wetlands behind adequate dikes or other retaining strt}ct res to'b vent spill-over of solids into any ' wetlands or surrounding waters. ' Y-- / ' Sedimentation and Erosion Control 7) Silt screens shall be placed upstream and downstream of the area of excavation prior to initiation of construction, and shall remain in place until all construction activities have been completed. , • 8) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain ' erosion within thirty days of project completion. ' General , • 9) The culvert invert shall be installed one foot below normal stream bed elevation to allow for unimpeded fish passage. • 10) The permittee and his contractor shall meet with a representative of the Division of Coastal , Management prior to project initiation. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 951304. , • NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198200031 (COE Action Id.No. 199601149) which was issued on 1/3/96. Rc R 1/1 V/(1i; EY JP--c Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT b. City,town, community or landmark Swan Quarter a. Landowner: c. Street address or secondary road number Name N. C. Department of Transportation SR 1128 Address P.O. Box 25201 d. Is proposed work within city limits or planning jurisdiction? Yes X No City Raleigh State N.0 e. Name of body of water nearest project (e.g. river, Zip 27611-5201 Day Phone(919)733-3141 creek,sound, bay)Oyster Creek Fax (919) 733-9794 b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name H. Franklin Vick,P.E.,Mgr.,P&E Branch a. List all development activities you propose (e.g. Address P.O. Box 25201 building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. City Raleigh State N.C. Replace existing bridge with an aluminum box culvert Zip 27611-5201 Day Phone(919)733-3141 Fax (919)733-9794 b. Is the proposed activity maintenance of an existing project,new work, or both? both c. Project name (if any)Replacement of Bridge #28 c. Will the project be for public, private or commercial use?Public Transportation NOTE: Permit will be issued in name of landowner* d. Give a brief description of purpose, use, methods of and/or project name. construction and daily operations of proposed project. If more space is needed, please attach additional pages. Public Transportation: Highway crossing of Oyster Creek; Standard Construction 2. LOCATION OF PROPOSED Methodologies PROJECT a. County Hyde • Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER N/A CHARACTERISTICS a. Size of entire tract N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)N/A wastewater, industrial/commercial effluent, "wash down"and residential discharges.) c. Approximate elevation of tract above MHW or Surface runoff from culvert crossing and NWL+/-E13.0 ft(USGS);+/-498 ft assumed datum approachway d. Soil type(s)and texture(s)of tract o. Describe existing drinking water supply source. Mapped as Backbay and Pungo Muck; some sand N/A e. Vegetation on tract Upland herbaceous on road causeway f. Man-made features now on tract Bridge/boathouse 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use following items must be submitted: plan.) • A copy of the deed (with state application only) or X Conservation Transitional other instrument under which the applicant claims Developed Community title to the affected properties. If the applicant is not X Rural Other claiming to be the owner of said property, then forward a copy of the deed or other instrument under h. How is the tract zoned by local government? which the owner claims title, plus written permission N/A from the owner to carry out the project. i. Is the proposed project consistent with the • An accurate, dated work plat (including plan view applicable zoning? Yes No N/A and cross-sectional drawings) drawn to scale in black (Attach zoning compliance certificate, if applicable) ink on an 8 1/2" by 11"white paper. (Refer to Coastal j. Has a professional archaeological assessment been Resources Commission Rule 7J.0203 for a detailed done for the tract? Yes X No description.) If yes,by whom? Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line k. Is the project located in a National Registered prints or other larger plats are acceptable only if an Historic District or does it involve a National adequate number of quality copies are provided by Register listed or eligible property? applicant. (Contact the U.S. Army Corps of Yes X No Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat 1. Are there wetlands on the site? Yes X No requirements and it must be sufficiently detailed to Coastal(marsh) Other guideagency personnel unfamiliar with the area to the If yes, has a delineation been conducted? (Attach documentation, if available) Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND IA list of the names and complete addresses of the adjacent waterfront (riparian) landowners and I understand that any permit issued in response to this signed return receipts as proof that such owners application will allow only the development described in have received a copy of the application and plats the application. The project will be subject to by certified mail. Such landowners must be advised that they have 30 days in which to submit comments conditions and restrictions contained in the permit. on the proposed project to the Division of Coastal I certify that to the best of my knowledge, the proposed Management. Upon signing this form, the applicant further certifies that such notice has been provided. activity complies with the State of North Carolina's approved Coastal Management Program and will be Name Harry, Glenn&Odessa W. Jones conducted in a manner consistent with such program. Address Rt. 1 Box 575 Phone Swan Quarter,N.C. 27885 I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal Name Elaine G. Sadler review agencies to enter on the aforementioned lands in Address Box 97 connection with evaluating information related to this Phone Vandemere,N.C. 28587 permit application and follow-up monitoring of the project. Name William F. Williams Address Rt. 1 Box 63 I further certify that the information provided in this Phone Swan Quarter,N.C. 27885 application is truthful to the best of my knowledge. • A list of previous state or federal permits issued for work on the project tract. Include permit This is the 21 day of March , 19 96 numbers,permittee, and issuing dates. Print Name H. F None . 'etSignature • ilo Landowner or Authorized Agent • A check for$250 made payable to the Department of Environment, Health, and Natural Resources Please indicate attachments pertaining to your proposed (DEHNR) to cover the costs of processing the project. application. DCM MP-2 Excavation and Fill Information • A signed AEC hazard notice for projects in DCM MP-3 Upland Development oceanfront and inlet areas. DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts • A statement of compliance with the N.C. DCM MP-6 Marina Development Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public NOTE: Please sign and date each attachment in the funds or use of public lands, attach a statement space provided at the bottom of each form. documenting compliance with the North Carolina Environmental Policy Act. Form DCM-MP-5 BRIIXES ANAND 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 (4) Will all, or a part of, the existing culvert be proposed project. removed?(Explain) 1. BRIDGES N/A g. Length of proposed bridge h. Width of proposed bridge a. Public Private i. Height of proposed bridge above wetlands b. Type of bridge(construction material) j. Will the proposed bridge affect existing water flow? Yes No c. Water body to be crossed by bridge If yes,explain d. Water depth at the proposed crossing at MLW or NWL . k. Navigation clearance underneath proposed bridge e. Will proposed bridge replace an existing bridge? Yes No 1. Will the proposed bridge affect navigation by If yes, reducing or increasing the existing navigable (1) Length of existing bridge opening? Yes No (2) Width of existing bridge If yes,explain (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed?(Explain) m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes,explain f Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert n. Have you contacted the U.S. Coast Guard (3) Height of the top of the existing culvert above concerning their approval? the MHW or NWL Yes No If yes,please provide record of their action. Form DCM-MP-5 J. Will the proposed culvert affect existing navigation 2. CULVERTS potential? Yes X No If yes,explain a. Water body in which culvert is to be placed Canal, a tributary to Oyster Creek b. Number of culverts proposed 1 3. EXCAVATION AND FILL c. Type of culvert(construction material, style) a. Will the placement of the proposed bridge or culvert Anodized Aluminum box culvert(corrugated) require any excavation below the MHW or_ ? X Yes No ��01P�' Vol" d. Will proposed culvert replace an existingbridge? If yes, 30 pW RMer p p p � (1) Length of area to be excavated +i-Qr*ft � X Yes No (2) Width of area to be excavated 60 ft If yes, (3) Depth of area to be excavated 6.0 ft (1) Length of existing bridge 31.7 ft (4) Amount of material to be excavated in cubic (2) Width of existing bridge 26 ft yards +/-440 cu yds (3) Navigation clearance underneath existing bridge 1.2 ft(vert); +/-28 ft(horiz) b. Will the placement of the proposed bridge or culvert (4) Will all, or a part of, the existing bridge be require any excavation within: No removed?(Explain) All of existing bridge to Coastal Wetlands SAVs Other Wetlands be removed If yes, (1) Length of area to be excavated (2) Width of area to be excavated e. Will proposed culvert replace an existing culvert? (3) Amount of material to be excavated in cubic Yes X No yards If yes, (1) Length of existing culvert c. Will the placement of the proposed bridge or culvert (2) Width of existing culvert require any highground excavation? (3) Height of the top of the existing culvert above X Yes No the MHW or NWL If yes, (4) Will all, or a part of, the existing culvert be (1) Length of area to be excavated +1-30 ft removed?(Explain) (2) Width of area to be excavated+/-60ft x 3ft (3) Amount of material to be excavated in cubic yards +%-200 cu yds f. Length of proposed culvert+/-60 ft(average length). d. If the placement of the bridge or culvert involves any excavation,please complete the following: g. Width of proposed culvert 24 ft (1) Location of the spoil disposal area Upland site to be determined h. Height of the top of the proposed culvert above the (2) Dimensions of spoil disposal area 1vIHW or NWL 1.2 ft see d. (1) i. Will the proposed culvert affect existing water flow? (3) Do you claim title to the disposal area? Yes X No Yes No see d. (1) If yes, explain If no, attach a letter granting permission from the owner. Form DCM-MP-5 (4) Will the disposal area be available for future b. Will the proposed project require the relocation of maintenance? Yes No see d.(1) any existing utility lines? Yes X No (5) Does the disposal area include any coastal If yes,explain in detail None anticipated wetlands(marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. see d. (1) c. Will the proposed project require the construction (6) Does the disposal area include any area below of any temporary detour structures? the MHW or NWL? Yes X No Yes X No If yes, give dimension if different from No. 2 If yes,explain in detail None anticipated above. see d. (1) e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project require any work described in Item d. above) to be placed below channels? Yes X No MEW or NWL? X Yes No If yes,complete Form DCM-MP-2 If yes, (1) Length of area to be filled +/-60 ft e. How will excavated or fill material be kept on site (2) Width of area to be filled 27 ft and erosion controlled? Stringent application of ' (3) Purpose of fill backfill for box culvert NCDOT's BMPs for the Protection of Surface Waters f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used result in any fill (other than excavated material (for example, dragline, backhoe or hydraulic described in Item d. above)to be placed within: dredge)? Backhoe,trucks, etc. _Coastal Wetlands SAVs Other Wetlands If yes, No (1) Length of area to be filled (2) Width of area to be filled g. Will wetlands be crossed in transporting equipment (3) Purpose of fill to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No h. Will the placement of the proposed bridge or culvert If yes, require any shoreline stabilization? (1) Length of area to be filled 60 ft X Yes No (2) Width of area to be filled 32 ft If yes, explain in detail Proposed headwalls at both (3) Purpose of fill Roadway Embankment ends of culvert will stabilize backfills 4. GENERAL NCDOT- . Franklin 'c P.E. Ap r ject Na a. Will the proposed project involve any mitigation? - Yes X No Sign ture If yes, explain in detail March 21, 1996 Date , Hyde County �� \v ,�rJ • Q. ¢ .� r.�0 '' F3 • ri0,4 • •5•+..deR PAS i. . Judges Qvorter y4l Y `,:, eat y 7orter .t1. a 1_ ,. � LSANO 0,,, tISv ) ..:-. Nk t.\ 'zdj›-.„„),-;,- . ,,,, ., r Cieekguto ��` U iv*. _ t t t J� l CoN.. ...^ idiy---1 11-7) --"------'' _.;" - I::: s ` \ ,+wrsn wo 9 fir , , coVE...,.., ,. , , . or \ IIn :CASA': . \ / / --A .: J / t 0--� -- • r�. / •`‘, A . wad 112a b .‘;`S T f lio: Ai/hi&.. . t� ! I• (� ii Oyster,ttwek l• O Landing 1` i if v.5vri -r �1C North Carolina Deparnnent of Transportation 1." Division of Highways County: Hyde �� r �` q Quad: Swanquarter �.;M!a muLstr Basin: Tar-Pamlico . �'�_ =i`��+tjj'� Project Replace Budge=28 on *raw �tlr��t .t3. SR 1128 Over Canal ,�t.. Date: 09/20/95 Vicinity Map Sheet 1 of 3 1\10 -rH 'O��AQI:y C,LENN -a- OrEssa ' . YoIzcES Q+. I) Bo)( 575 -Sv,1 AN Q vAQrEiz ) NC- 27885- I @ z`I ' X 5'9" C.A. VOX I0t31. 7- E.O. B• ExtsEpvg \-lv 3 TncK / O 0 I P P IV. , . � /AW ' _0._ 04tt ;� 1 F P To SklANI IN" 63 oa I 20i BsT 'f°QVAQTE(L S,R ►124 � al _ 5.z, IIZy — _ ---- — it. ly ---------13,1). Pr•oposeci Box CJlt,ert 0y5TE2 CREEK 10 tO0 13.o. i3, 0 Y- r_c2 3-a Der401E5 L xc A`i(so-1oo Nvg TACK 0 50AT .SHED sC4l / PA l�N t,, �U� RE'„FD EE3. '9(0 .d. C. r't PI . ill 1I::1^,i':>. OE /AirsiE G. 5ADLE2 OiiliA F \A, II1AN S Bo 9 7 J � M SOX (03 milt.t. t"lWO I Y VANC Svc AN QOhc'TCR I c 27g85 ,,,;: i, ,,':,I. 28587 ‘III ' I .2 or 3. (,tit , SCALE 1"=5O'HORZ. ,1"=1O'VERT I STR. io+ � =zo 1 12.00 Sl � DATUM IS ASSUMED ELEVATION V CY. G / E►-./177,5 320 , ag; E t_.Ev. = 4oO .5 sn r) ,�""" �~ W l. ELEµ T 496,6 _ __ 1-70 E t I • I i 9t00 ot00 . • .. SECTio?/y - H SCALE 1"=20'HORZ. ,1"=10'VERT " (/ 1 0_ ZU ' X 519° I LuMINUE,'\ 2bA DATUM IS ASSUMED ELEVATION. .K, G R' 6L• 999 .5'V N� �17L. L - yEADWALL 5-n0 SO NWLEL, 496. b • BzD.; . SECT IONA -R. ELF ,91• o G R. or I I 1 . • 4DLL_ 201 v 20 4_6 R r. J;_?; i-Li'i •...XCi'V . :1KO1t_ U.H. W. f�,-���/il DENOTES ;.:*ILL ri .;OVE o.K;.W. -- -- I • I • 1 1I- DENOTES FILL BELOW 0.H.W. /';O< A.X1/ DENOTES EXCAV . BELOW 0.H.W. N\\\\\\ \\ D.A_= INDETERMINATE - • AVERAGE DAILY FLOW =.[NDETERMINATE - E_XCAV. BELOW O.H.W.=TA.O C.Y. FILL BELOW r_H.W. = Z(p_c.Y. FILL IN WETLANDS =NONE TOTAL FILL =2.°13C.Y. • }REVISED 17E6. 'qr rx.Gr. = EX(S/LiN/ 6. ring/ 6v�oun�r DiV1SION OF HIGHWAYS Cr. r, - Crowd 6, C n / HYDE COIJiNTY 9.CJ.i3, -' &gtN•v/.ty� 0,4.Rrax c..0. B. = c-Aid 44/!d_ P.P, = Peni-$ev (`�-7J� ✓` ;_.ZG_ i; ON ,.it:-1123 OVER CAN(L- 5 ILET 3 _Or- 3 ;-;UU_ .`"i5 r State of North Carolina Department of Environment, Health and Natural Resources A7111YilirA Division of Coastal Management James B. Hunt, Jr., Governor p E H N F . Jonathan B. Howes, Secretary Roger N. Schecter, Director May 8, 1996 Mr. H. Franklin Vick Planning&Environmental Branch NC Dept. Of Transportation P.O.Box 25201 Raleigh,NC 27611 Dear Sir:: The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh,NC 27611, (919) 733-2698 within twenty(20)days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However, if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John .Parker,Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O.Box 27687, FAX FAX 919-733-1495 Raleigh,North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 Reduce Reuse Recycle 50%recycled/10%post-consumer paper Modified Application DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Dept. of Transportation 2. LOCATION OF PROJECT SITE: Hyde County on SR 1128 over a canal connected to Oyster Creek near Swan Quarter. Photo Index- 1989: NA 1984: H8 State Plane Coordinates - X: 2,801,200 Y: 608,400 (Swan Quarter Quad Lower Left Corner) 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 10/24/95 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received - 12/15/95 Modified App. Received -4/10/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Community - Land; Conservation - Water (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing -N/A Planned -A/A (F) Type of Structures: Existing - Bridge and boat house Planned - Aluminum Box Culvert (G) Estimated Annual Rate of Erosion: N/A Source - 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Non-Vegetated Wetlands 1,800 ft2 1,800 ft2 1,440 ft2 (Canal Bottom) (Shaded) (C) Other 1,800 ft2 1,920 ft2 (High Ground) (D) Total Area Disturbed: ±.09 acre (E) Primary Nursery Area: Yes (F) Water Classification: SA ORW Open: No 8. PROJECT SUMMARY: The applicant is proposing to replace an existing bridge with a corrugated, anodized aluminum box culvert and remove an existing boat house adjacent bridge in the same canal. NC Department of Transportation Modified Bridge#28 Replacement Project Swan Quarter, Hyde County Project setting The NC Department of Transportation's (NCDOT) proposed bridge replacement site is located on SR 1128 at Bridge No. 28 crossing an unnamed canal at its confluence with Oyster Creek near Swan Quarter in Hyde County,North Carolina. Bridge#28 measures±32 ft long by 26 ft wide with±1.2 ft of clearance between the bottom of the bridge and the water's surface. The width of the canal in the project area is±28 ft. A fish house is situated along Oyster Creek near the bridge to the southwest. The areas immediately adjacent the bridge are primarily vegetated with fescue and Bermuda grass with some Spartina patens interspersed throughout. Oyster Creek is classified as SA ORW waters by the Environmental Management Commission. Oyster Creek is designated as Coastal Waters and a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. Although this area is designated as a PNA, it is closed to shell fishing. Project description NC DOT's proposal is to replace Bridge #28, which is described above. The project as proposed is to muck out or undercut an area approximately 60 ft x 30 ft and then fill the same area to provide a bedding surface for the installation of a 24 ft wide by 60 ft long aluminum box culvert. Prefabricated aluminum head walls are proposed at each end of the culvert to retain the fill and for shoreline stabilization. The area of the proposed excavation and filling below normal water level would affect approximately 1,800 ft2 of canal bottom. The area of adjacent high ground proposed to be excavated is approximately 30 ft wide by 60 ft long (1,800 ft2) while the applicant will fill an area approximately 32 ft wide by 60 ft long (1,920 ft2) for the roadway embankment. The spoil material associated with the mucking out activity will be transported to a high ground disposal site. Anticipated impacts NC DOT's proposed project would result in the excavation and backfill of approximately 1,800 ft2 of canal bottom to create a bed for the proposed box culvert. The culvert would shade a 1,440 ft2 area of canal bottom and reduce the width of the canal by approximately 3 ft. The total area of high ground that would be disturbed is±1,920. Localized turbidity will occur as a result of the mucking out and filling activities. Jeffrey R. Schaffer Washington Office 10 April 1996 1111 R vd vIc�K G 4/ I /rik, By STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O.BOX 25201,RALEIGH.N.C. 27611-5201 SECRETARY March 25, 1996 Mr. Terry Moore, Field Office Manager North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889 ATTENTION: Mr. Jeffrey Schaffer, Coastal Field Representative Dear Mr. Moore: RE: Proposed Replacement of Bridge No. 28 on SR 1128 in Hyde County: Request for Modification to LAMA Permit Application/Resumption of Permit Processing Clock The Department of Transportation (Department) has completed an alternate design for the subject bridge maintenance project in Hyde County. Enclosed are revised MP-1 and MP-5 application forms and a set of drawings depicting the new design, a corrugated, anodized aluminum box culvert (in lieu of a pipe arch). Note that the proposed box culvert will provide for almost the same water column cross- section as the existing bridge. The only difference is that approximately 5.5 feet of shallow water (<1.0 feet deep) habitat, measured at normal water elevation, will be eliminated by replacing the bridge with the box culvert. As can be seen on sheet 3 of 3 of the attached drawings, the floor of the box culvert will be countersunk to provide for a natural stream bed. The Department requests that, upon receipt of the revised application packet and related documents, the processing clock that was placed in abeyance on/about February 9, 1996 be reinitiated. If you have any questions or concerns, please call Mr. M. Randall Turner at (919) 331-4737. Sincere a 7 H. Franklin Vick, P.E., Manager Planning and Environmental Branch Enclosures cc: Mr. John Parker • it 'll) APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: N.C. Department of Transportation County: Hyde Location of Project: Bridge #28 over a canal connected to Oyster Creek on SR 1128 near Swan Quarter Date Application Received Complete by Field: 15 December 1995 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: J. Schaffer District Office: Washington_, District Manager Revie C7) 4,e(d B) Date Application Received in Ralei A„ DE Cr Fee Rec'd: $ ? 5-''' Public Notice Rec'd: t„,,,v MANAbLMiEn• if Notice Date: //74//it iv Adj . Rip. Prop Notices Rec'd: '9 VS 1 Deed Rec'd: Application Assigned to: 1 on 1 Z-- ---)- 0 —c15 C) 75 Day Deadline: J-/2 '7 5 150 Day Deadline: 14 ` iz 6 ' 90 Mail Out Date: 0, w2V �)---- State Due Date: ///o/ '7‘. C-F S-3I Federal Due Date: 006oiIi-1/f Fed. Comments Rec'd on - Permit Final Action: Issue ✓ Deny Draft on u- 2,9- t D) AGENCY DATE COMMENTS OBJECTIONS NOTES RETURNED YES NO Coastal Management District Office j7 -lp,- '1 Division of Comm. Assistance `1-/ 7-aC Land Quality Section /2 _?7— f Div. of Env. Management H" 3°-46 1 V e/6" State Property Office /- ./G.- 6,76 I;'` + Div. of Archives & History i Z -0 V Div. of Env. Health 1 - 11- �4 C Div. of Highways 7—)\ Wildlife Resources Commissiony�� 10 Fhb / Qu+•�s IUw I vl Sly% Div. of Water Resources Y. Div. of Marine Fisheries (1- '" '`i-/d l y � ' d(� �O f rdIttipow IF INCORRECT RETURN TO WARRANT NO. 834036 1324 DEPARTMENT OF TRANSPORTATION CONTROLLER'S OFFICE 834036 DATE 0 9-2 8-9 5 PURCHASE DISCOUNT NET AMOUNT • INVOICE DATE ORDER AMOUNT CODE NUMBER NUMBER ,--_-- 250 00 F 09- 27- 95 1 TOTAL 250 00 ir: REMARKS: CAMA MAJOR DEVELOPMENT PERMIT PROJECT NO . : 5 . 0851 , COUNTY : E , BRIDGE BEFORE DEPOSITING `SEE REVERSE SIDE OF STUB FOR CODES- aLo Trorop r_rdp(]�]J]JIJ]t IIII I ACE 0I 1116 UUCUMCNI HAS A(:ULOR[.I BACKGROUND ON MIRE PA ARNINGI THIS MICR NUMBER BLEEDS THRU PINK TO THE BACK SIDE. rLnLnCPLnEPLnCPLnLPL CLO LOP ���LiI�r���1 5 t'H CAROLING 6V53'5 °��: � ATE OF NOR' ,, m� DEPARTMENT OF TRANSPORTATION 5 „ RALEIGH,NORTH CAROLING Warrant NO. 834036 " AMOUNT PAY TO MO. DAY YR. 5 THE ORDER OF: $ *****"250. 00 5 N . C . ENVIRONMENT , HEALTH AND 09 2835 , NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT _ I PO BOX 27687 • RALEIGH , NC 27611-7687 / ,, 5 , PRESENT ABLE T AR THROUGH FEDERAL RESERVES ,c,INI r!III cPc-.1'.7-. rJJv�l 'PAYABLE AT PA YSTEM '-..-F-- ,J,��,rss,�� O��[P[�[�.IPPcPC.I�[P[P[P[P[PrJ@P[.(� BEFORE ACCEPTING THIS DOCUMENT PLEASE EXAMINE FOR GENUINE WATERMARK FR(�III T BACK THIS MNI IIEIII III'TI'.IRLE T IBE A �(I I ( N,1.�1111! LUCRE III 340360 1:0 5 3 L LO 5941: 5'11OOO"60 Le • State of North Carolina z Department of Environment, Health and Natural Resources As;• Division of Coastal Management A\Ls�x1611 Aillkorillimillla James B. Hunt,Jr., Governor p E H N F� Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM 11 1- 12 ate( st 0) APR J �� TO: John Parker COASTAL COASTAL THROUGH: Terry Moore '7 MANAGEMENT 4.1 FROM: Jeff Schaffer JRS DATE: 10 April 1996 SUBJECT: NCDOT modified Major Permit Application to Replace Bridge #2: 9) h5 NCDOT has submitted a modified major application to replace Bridge#28 located on SR 1128 crossing an unnamed canal at its confluence with Oyster Creek near Swan Quarter in Hyde County,North Carolina. NCDOT modified their original application from 3 aluminum arch culverts to a single box culvert due to concerns raised by the NC Division of Marine Fisheries. After reviewing Subchapter 7H.0206, .0207, .0208, and .0209, I conclude that the proposed bridge replacement, as modified, is consistent with these AEC guidelines. I recommend issuance of the permit with the following conditions: 1. A silt screen will be placed downstream of the proposed area to be excavated and a 24 hour period will elapse following excavation prior to removal of the silt screen to prevent unnecessary siltation downstream of the activity. 2. All fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 3. The fill material to be used as backfill cover over the culvert and which will be placed below normal water level will be confined behind the permitted head walls. 4. The temporary placement or double handling of excavated of fill materials within waters or vegetated wetlands is not authorized. 5. No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plats. 6. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. kPrior to the commencement of excavation activities,the spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management. 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper . , John Parker 10 April 1996 Page 2 8. Prior to any construction activities,the applicant is required to arrange for a preconstruction conference to discuss conditions of the permitted activity. 9. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. 10. Future development or changes in the proposed replacement structure at the project site may require a modification of this permit. Contact a representative of this Division at(919) 946- 6481 prior to commencement of any such activity for this determination. MEMORANDUM TO: Jeff Schaffer FR 0 John Crew DATE: 15 April 1996 SUBJE NC DOT Proposal to Replace Existing Bridge with Culvert - SR 1128 - Hyde County This is a modification of a NC DOT proposal submitted 15 December 1995. The only difference in this modification and the original is using one corrugated box culvert rather than three. I can offer no additional information concerning consistency with the CRC certified Hyde County Land Use Plan, so please refer to my December 28, 1995 memo on this proposal. cc: ,iohn Parker Preston Pate REcFivEO � ApR 19 1996 w �► MANA6EMENT tqs 4, State of North Carolina Department of Environment, Health and Natural Resources 4 7 52FA Division of Marine Fisheries _ James B. Hunt, Jr., Governor E E I-I N R Jonathan B. Howes, Secretary Bruce L. Freeman, Director 18 April 1996 MEMORANDUM TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski ! SUBJECT: CAMA/DREDGE & FILL Permit Application Modified CAMA Permit NCDOT Bridge 28, Oyster Creek, Hyde County Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc If`'LivEfl N� AP R 4 f i�fAIT c,/ IA L P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper • • State of North Carolina Department of Environment, ATAHealth and Natural Resources Division of Marine Fisheries mmosimink James B. Hunt, Jr., Governor E I----I N F Jonathan B. Howes, Secretary Bruce Freeman, Director MEMORANDUM TO: John Parker FROM: Katy West DATE: 15 April 1996 • SUBJECT: Modified CAMA Permit NCDOT Bridge 28, Oyster Creek, Hyde County The North Carolina Division of Marine Fisheries (NCDMF) offers the following comments on the modified subject project pursuant to G.S. 113-131 . Our 2 February 1996 comments express our concern with bridge to culverts replacements in Primary Nursery Areas (PNAs). The modified proposal for a single aluminum 24 ft by 60 ft box culvert that will be countersunk addresses our main concern of a restricted passage. The NCDMF approves of the modified proposed project with the following stipulation: 1 . A construction moratorium be required from April-September. The area is a designated PNA and a moratorium will lessen potential impacts the bridge replacement will have on juvenile finfish and crustaceans. • 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-945-6481 FAX 919-946-3967 An Equal Opportunity Affirmative Action Employer 50%reCyclew 10%post-consumer paper . ' State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Coastal Management wily" James B. Hunt, Jr., r ry p E H N Fl Jonathan B. Howes,, Secretary Roger N. Schecter, Director 11 April 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: Modified CAMA/Dredge and Fill Permit Application Applicant: North Carolina Department of Transportation /A Project Location: On SR 1128 over a canal connected to Oyster Creek near Swan Quarter, Hyde County, North Carolina Proposed Project: To replace an existing bridge with a corrugated, anodized aluminum box culvert and remove an existing boat house adjacent to the bridge. Please indicate below your position or viewpoint on the proposed modified project and return this form as soon as possible. If you have any questions regarding the proposed modified project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the modified project as proposed. This office has no comment on the proposed modified project. This office approves of the proposed modified project only if the recommended changes are incorporated. See attached. This office objects to the proposed modified project for reasons / described in the attached comments. 3 Signed D 't Date /S / /7 7- 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper '�Fi North Carolina Wildlife Resources Commission 512 N.Salisbury Street,Raleigh,North Carolina 27604-1188,919-733-3391 Charles R.Fullwood,Executive Director MEMORANDUM TO: John R. Parker,Jr., Coordinator 01111424, Major Permits Processing Section .'ti 44:Division of Coastal Management, DEHNR , miNT_ v( 3 1996 03 FROM: David Cox,Highway Project Co • or col\s(AV Habitat Conservation Program � 1006E14-N� DATE: May 1, 1996 Cr 9 SUBJECT: Modified CAMA/Dredge and Fill Permit Application for NC DOT bridge project on SR 1128 on a canal connected to Oyster Creek,Hyde County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fisheries resources in the area. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to replace Bridge No. 28 located on SR 1128, Hyde County,with an aluminum box culvert. Bridge No. 28 is located over an unnamed canal at its confluence with Oyster Creek. Oyster Creek and the unnamed canal are designated as joint waters by the NC Division of Marine Fisheries, and the project is located in Areas of Environmental Concern designated as Estuarine Water(EW), Estuarine Shoreline (ES) and Public Trust Area(PTA). Waters at the project site are classified as SA and are closed to shellfishing. The proposed area is also classified as outstanding resource waters(ORW) and primary nursery area. The shallow water habitats in Oyster Creek and adjacent canals are used by numerous species of anadromous and estuarine fish as spawning, rearing, feeding and escape areas. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. We feel the modified design is acceptable to this agency,provided that the following recommendations are included as conditions of the CAMA permit: 1. The culvert shall be installed one foot below normal stream bed elevation to allow for unimpeded fish passage. 2. Turbidity curtains shall be installed immediately upstream and downstream of the project area and will remain in place until all bottom disturbing activities have ceased. 3. No in-water work shall be permitted from March 1 to September 1. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments,please contact me at (919) 528-9886. State of North Carolina Department of Environment, Health and Natural Resources Arpv. Division of Coastal Management James B. Hunt, Jr., Governor E 1--IN R Jonathan B. Howes, Secretary Roger N. Schecter, Director 11 April 1996 ;.M MEMORANDUM RECEIVED VV.4SH NGTON OFFICE TO: Mr. A. Preston Howard, P.E., Director APR 1 1 1995 Division of Environmental Management { e. `Alt 11 ) FROM: John R. Parker, Jr. p�, A ` Major Permits Processing Coordinator MAY C�jV�0 SUBJECT: Modified CAMA/Dredge and Fill Permit Application M,9 c/t 1996 tv g Nq GFMFyT co Applicant: North Carolina Department of Transportation N Project Location: On SR 1128 over a canal connected to Oyster Creek near Sw. , Hyde County, North Carolina Proposed Project: To replace an existing bridge with a corrugated, anodized aluminum box culvert and remove an existing boat house adjacent to the bridge. Please indicate below your position or viewpoint on the proposed modified project and return this form as soon as possible. If you have any questions regarding the proposed modified project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the modified project as proposed. This office has no comment on the proposed modified project. This office approves of the proposed modified project only if the recommended changes are incorporated. See attached. This office objects to the proposed modified project for reasons described in the attached comments. Si ned 1`,,( Date �/10(3 g 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N F . F=I A. Preston Howard, Jr., P.E., Director May 13, 1996 Hyde County DEM Project# 951034 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Franklin Vick Planning and Environmental Branch N.C.DOT P.O. Box 25201 Raleigh,NC 27611-5201 Dear Mr. Vick: You have our approval to dredge and place fill material in 3,600 square feet of wetlands or waters for the purpose of replacing a bridge on SR 1128 over a canal connected to Oyster Creek, as you described in your revised application dated 15 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 which 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, pleas&' telephone John Domey at 919-733-1786. Sincerely, 11 112 ton Ho d, /'FC£1 Attachment 4/02S,2 Ell ; M4 a Eq 1096 cc: Wilmington District Corps of Engineers G£MFl,T G,1I Corps of Engineers Washington Field Office Washington DEM Regional Office Mr.John Domey Central Files SI 9 Doug Huggett; DCM Randy Turner, DOT 951034.Itr Environmental Sciences Branch,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX#733-9959 An Equal Opportunity Affirmative Action Employer • 50%recycled/10%post consumer paper State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Coastal Management James B. Hunt,Jr., Governor p H N F� Jonathan B. Howes, Secretary Roger N. Schecter, Director 11 April 1996 MEMORANDUM 11 TO: Mr. William McNeil, Director 744 Division of Community Assistance 0 1c-i1/Fo 5 9g !V FROM: John R. Parker, Jr. � '� ryT 6 Major Permits Processing Coordinator co%9 SUBJECT: Modified CAMA/Dredge and Fill Permit Application 5 '� Applicant: North Carolina Department of Transportation Project Location: On SR 1128 over a canal connected to Oyster Creek near Swan Quarter, Hyde County, North Carolina Proposed Project: To replace an existing bridge with a corrugated, anodized aluminum box culvert and remove an existing boat house adjacent to the bridge. Please indicate below your position or viewpoint on the proposed modified project and return this form as soon as possible. If you have any questions regarding the proposed modified project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the modified project as proposed. This office has no comment on the proposed modified project. This office approves of the proposed modified project only if the recommended changes are incorporated. See attached. This office objects to the proposed modified project for reasons described in the attached comments. Signed6/k Date l 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources ArriA Division of Coastal Management James B. Hunt, Jr., r ry p II-1 Fl Jonathan B. Howes,, Secretary Roger N. Schecter, Director 11 April 1996 MEMORANDUM V. 1 % TO: Mr. Charles Gardner, Director Division of Land Resources o ���'F.�� tfl FROM: John R. Parker, Jr. NVA*" Major Permits Processing Coordinator 4wi SUBJECT: Modified CAMA/Dredge and Fill Permit Application ` —L Applicant: North Carolina Department of Transportation Project Location: On SR 1128 over a canal connected to Oyster Creek near Swan Quarter, Hyde County, North Carolina Proposed Project: To replace an existing bridge with a corrugated, anodized aluminum box culvert and remove an existing boat house adjacent to the bridge. Please indicate below your position or viewpoint on the proposed modified project and return this form as soon as possible. If you have any questions regarding the proposed modified project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the modified project as proposed. ,/ This office has no comment on the proposed modified project. This office approves of the proposed modified project only if the recommended changes are incorporated. See attached. This office objects to the proposed modified project for reasons described in the attached comments. C� Signed �%" �f�i�c� Date 4-/A,f / ? /t�7r 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper V . . w „ . A 0 1lrM li STATE OF NORTH CAROLINA rl.,r.,wwwswwww►w wwwwwwwNrA�►1€� w DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY March 1 1996 Mr. Charles Jones Division of Coastal Management Department of Environment, Health and Natural Resources P. O. Box 769 3441 Arendell Street Morehead City, North Carolina 28557 Dear Mr. Jones; Subject: Craven County, Replacement of Bridge No. 129 on SR 1245 over Core Cree tate Project No. 5.1751. The North Carolina Dep ment of Transportation proposes to replace Bridge No 129 over Core Creek on SR 124 near Cove City in Craven County. The existing two-lane bridge 116 feet long and 19. eet wide will be replaced with a concrete bridge 135 feet long and 24 feet wide. This bridge replace ill take place on existing alignment and during construction local traffic will be det ured along existing roadways. The new structure is longer , the existing bridge (see Sheet 4 of 5). To facilitate the longer structure the No • rolina Department of Transportation proposes to excavate a small amount of mat- (125 C.Y.) above the Normal Water Level (NWL). There will be no excavation • below NWL or'in wetlands. The shoreline will be stabilized by the placement of ri► ,p on slopes beneath th bridge. The elevation of the new structure will be higher( 0.2 ft.)than the existing bridge. The proposed bridge will not affect existing water flow and will not affect existing navigation potential. The North Carolina Department of Transportatio requesting that the proposed work be authorized under the appropriate Coastal Area Man ement Act (CAMA) permit. Enclosed is a permit application for a CAMA Major Development Permit including permit drawings and a copy of the fee application check for $250.00. By copy of this letter, we are also requesting issuance of a 401 Water Quality Certification from the North Carolina Department of Environmental Management. State of North Carolina Department of Environment, Health and Natural Resources Ar;•11V Division of Coastal Management James B. Hunt, Jr., Governor Fl Jonathan B. Howes, Secretary C Roger N. Schecter, Director MEMORANDUM TO: John Parker THROUGH: Terry Moore FROM: Jeff Schaffer 7X,S' DATE: 19 December 1995 SUBJECT: NCDOT Major Permit Application to Replace Bridge#28 After reviewing Subchapter 7H.0206, .0207, .0208, and .0209, I conclude that the proposed bridge replacement is consistent with these AEC guidelines. I recommend issuance of the permit with the following conditions: 1. A silt screen will be placed downstream of the proposed area to be excavated and a 24 hour period will elapse prior to removal of the silt screen to prevent unnecessary siltation downstream of the activity. 2. All fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 3. The fill material to be used as backfill cover over the culverts and which will be placed below normal water level will be confined behind the permitted head walls. 4. The temporary placement or double handling of excavated of fill materials within waters or vegetated wetlands is not authorized. 5. No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plats. 6. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. 7. Prior to the commencement of excavation activities,the spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management. 8. Prior to any construction activities,the applicant is required to arrange for a preconstruction conference to discuss conditions of the permitted activity. 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper John Parker 19 December 1995 Page 2 9. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. 10. Future development or changes in the proposed replacement structure at the project site may require a modification of this permit. Contact a representative of this Division at(919) 946- 6481 prior to commencement of any such activity for this determination. sA MEMORANDUM V1O: Jeff Schaffer FROM: John Crew DATE: December 28, 1995 SUBJECT: Replacement of Existing Bridge with Three Culverts- Hyde County State Road 1128 over a Canal Connected to Oyster Creek near Swan Quarter This proposal involves the replacement of an existing bridge with 3 culverts and the removal of an existing boat house at the above referenced location. Estuarine waters, shorelines, public trust areas AEC's are involved and, the water body is also a PNA and ORW. The proposal comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan which offers the following limited guidance on proposals of this type. * Considerable discussion on AEC's is included on pages 1-43, 1-46 and note the high importance the state places on their protection. * County policy on commitment to state and federal programs (Page IV-13) notes the county"will continue to fully support...the N. C. DOT road and bridge improvement programs, the CAMA planning process and permitting programs..." * The landward portion of the proposal is in the community land class as noted on the land classification map (Page III-3) This class calls for limited development where limited services are provided to support this localized development, (Page III-1). The waterward portion is by definition(Page III-2)in the conservation class and within AEC's ,the county supports all uses permitted by 7H. My opinion is if this proposal can be accomplished within existing AEC standards, it would not be inconsistent with the 1991 Hyde County LUP update. CC: Preston Pate hn Parker • State of North Carolina Department of Environment, Health and Natural Resources 7 r;941 Division of Coastal Management p James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary D E H N F1 Roger N. Schecter, Director 19 December 1995 RECEIVED FEB 08 1996 MEMORANDUM DMY, OE MARINE FISHERIES TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. �� Major Permits Processing Coordinator 1621 SUBJECT: CAMA/Dredge and Fill Permit Application Review ENEU 14 1g96 FEB Applicant: N.C. Department of Transportationco •• ,tom #j Project Location: On SR 1128 at Bridge No. 28, Hyde County, North Caroli ,? q T:' �\ Proposed Project: To replace the existing bridge with 3 culverts and remove an existing boat house adjacent to the bridge in the same canal Please indicate below your position or viewpoint on the proposed project and return this form by 9 January 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Signed 3v7 ( '- Date 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper MEMORANDUM TO: John Parker FROM; Katy Wes{)( G✓ DATE: 02 February 1996 SUBJECT: CAMA Permit NCDOT Bridge 28, Hyde County, Oyster Creek 4111111111111111.110, The North Carolina Division of Marine Fisheries (NCDMF) offers the following comments on the subject project pursuant to G.S. 1 13-131 . The NCDOT proposes to replace an existing 32' long by 26' wide bridge with three —8' diameter culverts. The culverts are 67' long. Oyster Creek is a Primary Nursery Area (PNA) as well as SA ORW. Nursery areas are those portions of estuarine waters most critical to the early life stages of marine and estuarine organisms. Initial development of the post larval stages of many fish and shellfish species occurs in PNAs located in the uppermost areas of estuaries and their tributaries. The importance of estaurine nursery areas to the commercial and recreational fisheries cannot be over-emphasized. More than 90% of the commercial harvest and 60% of the sport harvest consists of estuarine dependant species. PNAs are very sensitive to activities on adjacent lands and changes in salinity. The NCDMF prefers that bridges be replaced with bridges. This preference is based on the potential negative impacts constricted opening have on the free flow of water and hence, the passage of both adult, larval and post larval marine organisms. Round structures significantly reduce the potential flow volume of the structure which could also impact normal distribution of marsh detritus (the basis of estuarine food chains). The NCDMF approves of the proposed project with the following stipulations: 1 . An alternative design, such as a single custom-made box culvert, that maintains the current single flow passage be required. The proposed 3 culvert design and associated fill will constrict the flow volume by about 25% (24' versus current 32'). 2. A construction moratorium be required April-September. The area is a designated Primary Nursery Area and a moratorium will lessen potential impacts the bridge replacement will have on juvenile finfish and crustaceans. State of North Carolina Department of Environment, Health and Natural Resources A77"in Division of Coastal Management James B. Hunt,Jr„ r ry E E EA F Jonathan B. Howes,, Secretary Roger N. Schecter, Director December 20, 1995 'j g At' `z' DEC 1995 Goa ti44fr MEMORANDUM 44*u"9�99 qp TO: Mr. Charles R. Fullwood, Jr., Di -&k+� Y% Wildlife Resources Commission �I A' Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC DOT PROJECT LOCATION: On SR1128 over a canal connected to Oyster Creek, Hyde Co. ROPOSED PROJECT: To replace an existing bridge with 3 culverts. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 g �� , - attach�d comments. 9/ Signed � Date 74 v 4� C� May 21, 1993 P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Arik-14411.r/ 7- OkIK North Carolina Wildlife Resources Commission 512 N.Salisbury Street,Raleigh,North Carolina 27604-1188,919-733-3391 Charles R. Fullwood,Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management,DEHNR FROM: Franklin T. McBride, Program Manager �i' AL c% ,706c Habitat Conservation Section DATE: January 9, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for NC DOT bridge project on SR 1128 on a canal connected to Oyster Creek,Hyde County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fisheries resources in the area. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to replace Bridge No. 28 located on SR 1128, Hyde County,with three culverts. Bridge No. 28 is located over an unnamed canal at its confluence with Oyster Creek The proposed project would result in the excavation and backfill of approximately 2,100 ft2 of canal bottom. The spoil material associated with the mucking out of the canal will be transported off site. Oyster Creek and the unnamed canal are designated as joint waters by the NC Division of Marine Fisheries, and the project is located in Areas of Environmental Concern designated as Estuarine Water(EW), Estuarine Shoreline(ES) and Public Trust Area(PTA). Waters at the project site are classified as SA and are closed to shellfishing. The proposed area is also classified as outstanding resource waters (ORW) and primary nursery area. The shallow water habitats in Oyster Creek and adjacent canals are used by numerous species of anadromous and estuarine fish as spawning,rearing,feeding and escape areas. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. The mucking out of the canal over SR 1128 would increase localized turbidity in Oyster Creek. Additionally,bridge replacement with three culverts will reduce available habitat in the canal, and may affect fish passage. Division of Marine Fisheries biologists have classified this project as being located in a primary nursery area. The proposed CAMA general permit for replacement of existing bridges and culverts (section 7H .2305,h 1) lists as a specific condition: Replacing bridges with culverts shall not be allowed in primary nursery areas. Because the potential exists for habitat destruction due to localized turbidity, and because primary nursery areas exist in the proximity of the SR 1128 canal and in Oyster Creek, we feel the existing bridge should be replaced with another i e. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments, please contact David Cox,Highway Project Coordinator at(919) 528-9886. • State of North Carolina Department of Environment, Health and Natural Resources 1 •• • ; Division of Coastai Management tr James B. Hunt, Jr., Governor t,. '' Jonathan B. Howes, Secretary EDO H , Roger N. Schecter, Director r !. it��` 4. v December 20, 1995 MEMORANDUM M TO: Ms. Linda Sewall Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT; COMA/DREDGE & FILL Permit Application Review APPLICANT: aiNC DOT E. PROJECT LOCATION: On SR112S over a canal connected to Oyster Creek, Hyde Co. PROPOSED PROJECT: To replace an existing bridge with 3 culverts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 20, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2.293. When appropriate, in-depth continents 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 re�: tn omendce changes are incorporated. See a�elheti,-4-e- This agency objects to the project for reasons described in the attached comments. Signed ��� • err -zGi/ Datet S eta- altZaj a‘,7641'..•"-• 04.,a(e.O'cy ram: --�� 44. -rct A -? P.U. Box 0687,Raleigh. North Carolina/27671-76. 7 .;I�r,--.r., � 21C3 rAX 919-733-1495 Ar Equal Cpporr r ty Affirmative A^'ivn . . .s+ _r_n..m8 paper State of North Carolina Department of Environment, • Health and Natural Resources VA Division of Coastal Management • James B. Hunt,Jr.,Governor Jonathan B. Howes, Secretary H N F . Roger N. Schecter, Director December 20, 1995 ' 1G RECEIVED , MEMORANDUM JAN 221996 rio. MANAGEMENT " TO: Ms. Renee Gledhill-Early Environmental Review Coordinator A Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC DOT PROJECT LOCATION: On SR1128 over a canal connected to Qyster Creek, Hyde Co. PROPOSED PROJECT: To replace an existing bridge with 3 culverts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 4Date //06 P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources ArrtA Division of Coastal Management James B. Hunt,Jr.,Governor Jonathan B. Howes, Secretary E H N Fl Roger N. Schecter, Director December 20, 1995 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC DOT PROJECT LOCATION: On SR1128 over a canal connected to Oyster Creek, Hyde Co. PROPOSED PROJECT: To replace an existing bridge with 3 culverts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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. l Signed W I 1 Date I — D - "/� 1 jp P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment,Health and Natural ResourcesA . A Division of Coastal Management James B. Hunt,Jr., Governor C Jonathan B. Howes, Secretary E E H NJ F Roger N. Schecter, Director December 20, 1995 vaj11 1 2 �. SEC VEO MEMORANDUM JAN 2 1996 14 Gi;:wlHl MANAGEMENT TO: Mr. Larry R. Goode, Phd., P.E. Highway,Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: NC DOT PROJECT LOCATION: On SR1128 over a canal connected to Oyster Creek, Hyde Co. PROPOSED PROJECT: To replace an existing bridge with 3 culverts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 10, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 atta hed o nts. Or—j Signed Date / 9 S P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper • State of North Carolina Department of Environment, Health and Natural Resources A:TcviA Division of Coastal Management James B. Hunt, Governor p E 1--IN R Jonathan B. Howes, Secretary Roger N. Schecter, Director 19 December 1995 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: N.C. Department of Transportation Project Location: On SR 1128 at Bridge No. 28, Hyde County, North Carolina Proposed Project: To replace the existing bridge with 3 culverts and remove an existing boat house adjacent to the bridge in the same canal Please indicate below your position or viewpoint on the proposed project and return this form by 9 January 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the ached comments. Signed / Date /.Z /�' l�',1 — 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources TT:FA Division of Coastal Management James B. Hunt, Jr., Governor CO H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director April 30, 1996 Mr. Franklin Vick Planning & Environmental Branch NC Dept. of Transportation P. O. Box 27687 Raleigh,NC 27611 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located adjacent Oyster Creek on SR1128,in Hyde County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 10, 1996 the new deadline for reaching a decision on your request. However,we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, 1(79;47g-7#i Doug Huggett Asst. Permits Coordinator DH/aw cc: Jeff Shaffer DCM-Washington DCM-Morehead City P.O. Box 27687, Arl FAX 919-733-1495 Raleigh,North Carolina 27611-7687 *F An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 Reduce Reuse Recycle 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, • Health and Natural Resources ArieA Division of Coastal Management James B. Hunt,Jr., Governor �C Jonathan B. Howes, Secretary G 11 Roger N. Schecter, Director April 15, 1996 Mr. H. Franklin Vick NC Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611 Dear Mr. Vick: The Division of The Division of Coastal Management hereby acknowledges receipt of the modified permit application for the proposed replacement of bridge 28 on SR 1128 over a canal connected to Oyster Creek in Hyde County. This information was received on April 10, 1996, on which date the processing of your application for a Coastal Area Management Act (CAMA) permit was renewed. The projected deadline for malting a decision on your application is now April 26, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of extended review. However, an additional letter will be provided on or about the 75th day. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the Division or other agencies may contact you directly. Please feel free to contact me at (919) 733-2293 should you have any questions concerning this matter. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: DCM-Morehead City DCM-Washington P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper • State of North Carolina Department of Environment, Health and Natural Resources ArirA Division of Coastal Management James B. Hunt, Jr., r ry E H N F1 Jonathan B. Howes,, Secretary Roger N. Schecter, Director April 15, 1996 MEMO TO: John Dorney, DEM David Cox, WRC FROM: Doug Huggett,p Division of Coastal anagement SUBJECT: Revised Permit Application, NCDOT Bridge#28 on SR 1128 over a canal connected to Oyster Creek. Enclosed please find a modified permit application for the above referenced bridge. NCDOT originally applied for a permit to replace the existing bridge with a triple barrel culvert. However, after learning of agency concerns over the original proposal, NCDOT placed the processing of the application on hold so that a modified design could be prepared. Processing of the modified application has been reinitiated. Please review the enclosed information and provide any comments that you may have to this office. If you have any questions about this project, please feel free to contact me at (919) 733-2293. P.O.Box 27687,Rdeigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper • • State of North Carolina Department of Environment, Health and Natural Resources Art. Division of Coastal Management James B. Hunt,Jr.,Governor p E H N F{ Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: Raleigh Bland, US Army Corps of Engineers, Washington Field Office FROM: Jeff Schaffer, Division of Coastal Management, Washington Regional Office j`RS DATE: 10 April 1996 SUBJECT: NCDOT Modified Major Permit Application to Replace Bridge #28 NCDOT has submitted the attached modification to their CAMA/D&F application to replace Bridge#28 located on SR 1128 crossing an unnamed canal at its confluence with Oyster Creek near Swan Quarter in Hyde County,North Carolina. NCDOT has modified their original application from 3 aluminum arch culverts to a single box culvert due to concerns raised by other review agencies. If you have any questions, please call me at(919) 946-6481, ext. 299. 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, ° ` ` Health and Natural Resources '." ' 1 s Division of Environmental Management h James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ® E FA NJ F{ A. Preston Howard, Jr., P.E., Director March 18, 1996 Mr. Franklin Vick Planning and Environmental Branch N.C. Dept. of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: Re: Proposed land clearing of wetlands Hyde County DEM #951304 On 22 December 1995 you wrote the Division of Environmental Management (DEM) regarding your plan to fill wetlands for the purpose of replacing an existing bridge on SR 1128 over a canal with culverts in Hyde County. Your letter sought approval from DEM to fill in these wetlands under a CAMA permit. We understand that you are redesigning the bridge to address agency concerns. Once that redesign is accomplished sent to us (via DCM), we will complete action on your project. Please call me at 919-733-1786 if you have any questions. Sincerely, Z__ .4),_____V,„1',)ci ic.,(?,c J shn R. Dorney I ater Quality Certification Program cc: Washington DEM Regional Office Wilmington Corps of Engineers Central Files NI' '?� John Parker; DCM X ,GO oz, (' ‘'.- 951304.app o Q� 1 Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX#I 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10%post consumer paper State of North Carolina Department of Environment, Health and Natural Resources A • At• Division of Coastal Management James B. Hunt,Jr., r ry G Fl Jonathan B. Howes,, Secretary C 1-1 Roger N. Schecter, Director February 19, 1996 Mr. H. Franklin Vick Planning and Environmental Branch N. C. Department of Transportation , P.O. Box 25201 Raleigh,N.C. 27611-5201 Dear Mr. Vick: This letter acknowledges your February 9, 1996 request for a temporary abeyance of the processing of the Coastal Area Management Act (CAMA) permit application for the proposed replacement of bridge#28 on SR 1128 in Hyde County. In accordance with your request, processing of your application will be halted until such time as a request to renew processing is received by this office. As required by T15A:07J.0204(d), during the pendency of any suspension of processing, the permit processing period will not run. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, N.C. 27611. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: Jeff Schaffer, DCM - Washington DCM -Morehead City • P.O. Box 27687, Raleigh,North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper . 111 R w. .-4 ; : r.i1 !r-1 1,7 Eh: )IFLN TEL NO: tt'i9 ---- Post-It°i r- 7671 nalo pjr pages -- } : To co!Do } - Prrone u STATE OF NOP a.# --7 3 'I. 'Fax k (—t ci DEPARTMENT OF 't NAIN.31- :AMPS B DIVISION OF HIGHWAYS GARLAND B. GARRETT J . uCli EP rt:ft I's) hC'Y 25201,RALEIGH.N.C. ,';'611I-52O1 SECRETARY February 9, 1996 Mr. John Park_ Peiniitt Coordinator N C i.)eparlinen; .. f F uvironment, Health; ,:rit.t Natural Resources Division of Coastal Management P. O. Box 27687 Raleigh, Noi.:1; C'aroii:i6 'fit 1-7687 i Jeer Mr. Parker; Subject: Proposed Replacement of Bridge NUJ;,,$ on SR 1128 in Hyde County; Request Cor Teni1'lrary Abeyance to Processing of CAMA Pc ` tit Application 'he Division of Coastal Management notified the Department of Transportation on December 19, 1995 that the ` ._ ,_-:.essing clock" on the CAMA Major Permit application for the replacement of Brid .t•No. •:een initiated effective December 15, 1995. Subsequently, the drpar.aient has leanr 1 thttr It Division of Marine Fisheries has serious concerns about the design of the replati:ement structure that was originally proposed. To address the agency's concerns the department has revised the design of this bridge replacement. >: icpariment requests the ; ' iiporarily hopped to allow time for submittal of the revised design details as pal t ..1tric 1 [il:;, permit modification request. We believe the revised design for the bridge replacena. ,, should satisfy the concerns of the Division of Marine Fisheries. ha k you for your immediate attention to this matter. ('•incerety, H. Fraii:lin Vick, P.E., Manager Plainiii.g and Environmental Branch HEN-1t-, Schaffer, DC' -" Fr; ....', i field Office • - + v N4' DEPARTMENT OF THE ARMY i WILMINGTON DISTRICT,CORPS OF ENGINEERS +% 5U \� P.O.BOX 1890 `, .„, ...., . WILMINGTON,NORTH CAROLINA 28402-1890 -«��� �REPLY TO nc•� n ATTENTION OF January 3, 1996 Regulatory Branch Action ID No. 199601149 and General Permit No. 198200031. Mr. H. Franklin Vick N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: Through coordination with the North Carolina Division of Coastal Management, we have learned of your plans to replace NCDOT Bridge No. 28 with metal culverts, located on State Road 1128, adjacent Oyster Creek, near Swan Quarter, Hyde County, North Carolina. On January 1, 1992, we renewed general permit No. 198200031, (copy enclosed) , that authorizes the placement of fill material associated with the construction, repair, or replacement of bridges across navigable waters and waters of the United States in North Carolina, including cofferdams, abutments, foundation seals, piers, temporary construction and access fills, approach fills, detour fills, and box culvert installation, as part of work conducted by or in full compliance with the standards and specifications of the North Carolina Department of Transportation (NCDOT) . Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, please contact Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-1616. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Printed on IV Recycled Paper • ti -2- Copies Furnished (without enclosure) : V/ Mr. John Parker V Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Commander Fifth Coast Guard District Federal Building 431 Crawford Street Portsmouth, Virginia 23705 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889 Mrs. Stephanie Briggs NC Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 State of North Carolina Department of Environment, Health and Natural Resources • , Division of Coastal Management !pr JamesnahaB, Hunt,Jrw., , Secrnor etary ED E H N F Jonathan B. Howes, Secretary Roger N. Schecter, Director 19 December 1995 Mr. H. Franklin Vick, P.E. , Manager Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Dear Mr. Vick: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located on SRa6.l28 over a canal connected to Oster Creek near SwastApearter in Hyde County, North Carolina. It was received on 15 December 1995 and appears to be adequate for processing at this time. The projected deadline for making a decision is 2 Feb.:wary 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Jeffrey R. Schaffer Field Representative JRS:pdp ENCLOSURE 1424 Carolina Avenue,Washington,North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper OD ' eSUTF o" .,. ,M , STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O.BOX 25201,RALEIGH,N.C. 27611-5201 SECRETARY December 7, 1995 Mr. Jeffrey R. Schaffer, Field Representative N.C. Department of Environment, Health, and Natural Resources Division of Coastal Management Washington Field Office P.O. Box 2188 Washington, N.C. 27889-2188 Dear Mr. Schaffer: Re: Proposed Replacement of Bridge No. 28 on SR 1128 in Hyde County On/about September 29, 1995 the North Carolina Department of Transportation (NCDOT) submitted a CAMA Major Development Permit application for the proposed replacement of bridge# 28 in Hyde County. A permit was required, because the unnamed tributary to Oyster Creek at the site of bridge# 28 was determined to be an Area of Environmental Concern per Administrative Code Subchapters 7H.0206/.0207. On October 20, 1995 the Division of Coastal Management (DCM) returned the application due to discrepancies in the information provided. Corrections have been made to the application as recommended in DCM's October 20th letter. The revised MP-1 and MP-5 applications and accompanying drawings are attached. Riparian landowner notification verifications are also provided. It is requested that this revised application be processed as soon as possible to enable the Bridge Maintenance program to upgrade the existing, functionally obsolete structure in the near future. If you have any questions or comments please call Mr. M. Randall Turner at (919) 331-4737 (office), or at (919) 333-2048 (cell phone). Sincerely, ./77 . F anklin Vick, P.E., Manager Planning & Environmental Branch HFV/mrt t• • Page 2 December 7, 1995 Mr. Schaffer Enclosures cc: John Parker, Permit Coordinator, DCM Jimmy Lee, P.E., Bridge Maintenance Unit D.R. Conner, P.E., Division Engineer M. Randall Turner, Division Environmental Officer Return to: W. D. Ferguson, Division RAN Agent N. C. Department of Transportation Right of Way Branch, P. O. Box 748 Ahoskie, North Carolina 27910 RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA PARCEL 001 COUNTY OF Hyde PROJECT 6.0821 TOWNSHIP OF Swan Quarter SECONDARY ROAD 1128-Oyster Creek Road -J f0c AO S '7,o• 13 a/ j S • the undersigned owners of that certain property described in Deed Book 1'5s' at Page F Z.3. in the Register of Deeds Office of Hyde County, and bounded by recognizing the benefits to said property by reason of the construction of the proposed highway development, and it consideration of the construction of said project, hereby grants to the Department of Transportation, the right of way as herein described and releases the Department from all claims for damages by reason of said right of way across the lands. of the undersigned, and of the past and future use thereof by the Department, its successors and assigns, for all purpose; for which the Department is authorized by law to subject such right of way: said right of way being the width indicated anc across said property as follows: 60 Ft. in width measured 30 Ft. on each side of the centerline of the road,said centerline to be located by the Department and the construction or improvement of said road shall constitute the selection of said centerline; anc such additional widths as might be necessary to provide for cut and fill slopes, sedimentation control and drainage of road. It is understood and agreed that the 60 Ft. right of way hereinabove referred to has been staked upon the ground and the centerline of the road Is located in the center of the right of way stakes. The undersigned property owners further agree not to erect any structures, including masonry mailboxes, masonry driveway headwalls, any fencing, etc., o engage in cultivation within the right of way granted herein except as approved by the North Carolina Department o Transportation pursuant to G.S. 130.93 and N.C. Admin. Code t,19A, r.02E.0404. It Is further understood and agreed that should circumstances, conditions, or actions by the North Carolina Departmen of Transportation delay or delete the proposed improvement of said road, that the right of way granted herein shall remair until such time as released by the North Carolina Department of Transportation. It is further understood and agreed that the 15'X 20' Frame Boat House is to be removed to clear the right of way for the sum of$ --01-) • U C) dollars which will be paid to the undersigned upon clearing of the right of way. i• There are no conditions to this agreement not expressed herein. The unden3lgned hereby covenant and warrant tha they are the sole owners of said property; that they solely have the right to grant this right of way, and that they will foreve warrant and defend the title to the same against the lawful claims of all person whomsoever. IN WITNESS WHEREOF,we have hereunto set our hands and affixed our seals this the 4 day of �sTAritr•1 19 9l. (SEAL) / (SEAL) J MES H. GUAGANU (SEAL) ✓ (SEAL) NORTH CAROLINA, k{c rer 1c o et,D COUNTY I.• LU Li_ o4+nrti 1)on Kr b hR'r q u.so& a Notary Public of the County and State aforesaid, certify that Ttlat west 14-_ 'r a:fun% s GRANTORS, personally appeared before me this day anstAcknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the 5 day of 1'r1"►adat1. , 19 /4 My Commission Expires: if 1— Notary Public a' The foregoing Certificate(a)of is/are certified to be correct. This Instrument and this certificate are duly registered on the day of , 19 , in Book , Page at o'clock M. .. REGISTER OF DEEDS FOR COUNTY. BY: Deputy/Assistant-Register of Deeds stiliUtR: i y • Complete items 1 and/or 2 for additional services. I also wish to receive the. , m • Complete items 3,and 4e&b. - • following services (for an extra 12 • Print your name and address on the reverse of this form so that we can ; :;�. �' re return this card to you. feel: ' '� P. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Addre$S- does not permit. of • = • Write"Return Receipt Requested on the mailpiece below the article number. ' �••Its ... 2. ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date ''.O.r c delivered. Consult postmaster for fee. -.}V:.:2 ' 3. Article Addressed to: 4a. A title Number " aii4i,�=i E - 4b. Service Type s.*'_ Qr? o Mr. William F. Williams 0 Registered 0 InsuredW. 0 Route 1, BOX 6 3 �Cer i'ied , ❑ COD .G i w Swan Quarter, NC 27885 ❑ Express Mail - ❑ Return Receipt, in ttoC 4;pAi cc f Merchandise sa 0 07. Date of Delivery t : y-- s � cc 5. a Address /� 8. Addressee's Address(Only if request - ed F=- and fee is paid) cc 6. Signatur Agent) `5'' > PS Form 3811, December 1991 tru.s.GPO:1993-352-714 DOMESTIC RETURN RECEIPTto .:` :7'. :.:� o SENDER: I also wish to receive;the rn • Complete items 1 and/or 2 for additional services. m • Complete items 3,and 4a&b. following services (for art extra-8., L. • Print your name and address on the reverse of this form so that we can m return this card to you. - feel: .Y:.v�;�� m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's AddrB ','`'fh does not permit. • 2 • Write"Return Receipt Requested"on the mailpiece below the article number. ' . , 2. ❑ Restricted Delivery be r.: • The Return Receipt will show to whom the article was delivered and the date u,j V c delivered. Consult postmaster for fee..' _ - CC •0 3. Article Addressed to: 4a. Article Number " - 3 art - E sRvts POI , Q 4b. Service Type - m E Harry, Glenn & Odessa .le es •X- CC c ❑,,_,�R gistered ❑ Insured . c; Route 1, Box -5-7-5- S 7- Certified ❑ COD C au Swan Quarter, NC 27885 Return Receipt for u. Express Mail ❑ P cc Merchandise O r 7. Date of Deliveryvo- 5. Signatur dresser 8. Addressee's Address (Only if requested. D and fee is paid) C I- a££=_ . cc; 6. Signature (Agent) - ' I— cc; > PS Form 3811, December 1991 AU.S.GPO:1993-352-714 DOMESTIC RETURN i-WCEIPT °i SENDER: F., • Complete items 1 end/or 2 for additional services. I also wish to ra;eive;the d • Complete items 3,and 4a&b. following services (for an extra -,.m 4,1 4 Print your name and address on the reverse of this form so that we can fee): > return this card to you. te . . m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's A:ldress 0 does not permit. « °� • Write"Return Receipt Requested"on the mailpiece below the article number. . r p q p 2. ❑ Restricted Delivery._ •m • The Return Receipt will show to whom the article was delivered and the date U o delivered. Consult postmaster for fee..:; op m 3. Article Addressed to: 4a. icle Number E 4b. Service Type it o Ms . Elanie G. Sadler I�Registered ❑ Insured u) Box 97 -L�l Certified ❑ COD c w Vandemere, NC 28587 ❑ Express Mail ❑ Raturn heccipt for cc Merchandise 0 7. Date of Delivery _ .2 iz 5. • ^ature (Ad ssee) 8. Addressee's Address (Only if requested,Y ^ and fee is paid) ,, I-cc6. Siiiggnatture (Ag t) F" -1-1. > PS Form 381 , December 1991 *U.S.GPO:1993-352.714 DOMESTIC RETURN RECEIPT ---- ------ -- - - — - --_ _. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR SECRETARY P.O. Box 1405 Elizabeth City, N.C.27906-1405 Phone:(919)331-4737 September 29, 1995 Ms. Elaine G. Sadler Box 97 Vandemere, N.C. 28587 Dear Ms. Sadler: The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing bridge over the canal to Oyster Creek on SR 1128 in Hyde County. The existing bridge is functionally deficient and is scheduled to be replaced by arch pipes. The attached form is submitted to insure that adjacent, riparian landowners have an opportunity to review and comment on the proposal. I have also included a copy of the CAMA Major Development Permit and engineering drawings which depict the project in plan view (overhead view). Please review this material at your convenience and, if you have no objections to the project, please return the form with your response within 30 days to this office. If you do have objections to the project, please forward your comments to: Mr. John Parker Division of Coastal Management N.C. Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, N.C. 27611-7687 Thank you for your cooperation. Sincerely, 4 M. Randall Turner, Division Environmental Officer Planning & Environmental Branch Attachments cc: John Parker, Division of Coastal Management, Raleigh H. Franklin Vick, P.E., NCDOT, Raleigh STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR SECRETARY P.O. Box 1405 Elizabeth City,N.C.27906-1405 Phone:(919)331-4737 September 29, 1995 Mr. William F. Williams Rt. 1, Box 63 Swan Quarter, N.C. 27885 Dear Sir: The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing bridge over the canal to Oyster Creek on SR 1128 in Hyde County. The existing bridge is functionally deficient and is scheduled to be replaced by arch pipes. The attached form is submitted to insure that adjacent, riparian landowners have an opportunity to review and comment on the proposal. I have also included a copy of the CAMA Major Development Permit and engineering drawings which depict the project in plan view (overhead view). Please review this material at your convenience and, if you have no objections to the project, please return the form with your response within 30 days to this office. If you do have objections to the project, please forward your comments to: Mr. John Parker Division of Coastal Management N.C. Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, N.C. 27611-7687 Thank you for your cooperation. Sincere) , • ".1174,40V M. Randall Turner, Division Environmental Officer Planning & Environmental Branch Attachments cc: John Parker, Division of Coastal Management, Raleigh H. Franklin Vick, P.E., NCDOT, Raleigh 0 • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR SECRETARY P.O. Box 1405 Elizabeth City,N.C.27906-1405 Phone:(919)331-4737 September 29, 1995 Harry, Glenn & Odessa W. Jorres Rt. 1, Box 575 Swan Quarter, N.C. 27885 Dear Sir: The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing bridge over the canal to Oyster Creek on SR 1128 in Hyde County. The existing bridge is functionally deficient and is scheduled to be replaced by arch pipes. The attached form is submitted to insure that adjacent, riparian landowners have an opportunity to review and comment on the proposal. I have also included a copy of the CAMA Major Development Permit and engineering drawings which depict the project in plan view (overhead view). Please review this material at your convenience and, if you have no objections to the project, please return the form with your response within 30 days to this office. If you do have objections to the project, please forward your comments to: Mr. John Parker Division of Coastal Management N.C. Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, N.C. 27611-7687 Thank you for your cooperation. Sincerely ff Ma41 61,* M. Randall Turner, Division Environmental Officer Planning & Environmental Branch Attachments cc: John Parker, Division of Coastal Management, Raleigh H. Franklin Vick, P.E., NCDOT, Raleigh