NCDOT 88-96 Minor Mod 1 Hwy 17 Chowan River

/ Permit Class Permit Number ,
/ MODIFICATION/MINOR 88-96 /
/ STATE OF NORTH CAROLINA /
/ Department of Environment,Health&Natural Resources /
/ and /
/ Coastal Resources Commission /
' termit
for
X Major Developm iy')an Area of Environmental Concern
pursuant to S 4113A-118
/ _ Excavation a4/44 filling`puns�u it to NCGS 113-229 /
• Issued to NC Dept. of Transportation,Div. o Highway/s`P. Box 25201,Raleigh,NC 27611 ,
' authorizing development in Bertie & Chow ntyat/ :'C owan River, at the U.S. Hwy. 17 bridge '
/ crossing , as requested in the permitt 's applications date; letter dated 11/27/96 including /
'), /
• attached revised work plan drawings for construction acces�;,3�1dt-• 11/25/96. /
, This permit, issued on \— �' — c ,is subject • ••mpliance 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.
/
/ • This permit modification authorizes: a) the removal of underwater tree stumps to facilitate barge
/ access, b) the construction of an access from the river shore on the east side to the permitted f/
temporary fill access road, and c) the construction of finger access roads perpendicular to the
/
temporary fill access road in the '404 wetland area; all as per the plans dated 11/25/96.
I
/ • Stump removal should take place as soon as possible after the date of this authorization and not
/ during the period 15 February - 30 June.
/
' (See attached sheet for Additional Conditions)/ / ; :
t \ /
, 7., c� (y
�7 ` /
/ (�.f.,,1 .s' pi op ",
� /
/ 0 ... /
w.d
_ ; I-N /
' This permit action may be appealed by the permittee or Signed by the authority of the SecretaryltDE 1 and the '
' other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Corti :. '.n. /
' issuing date. An appeal requires resolution prior to work j!'5 /
' initiation or continuance,as the case may be. '
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Roger N. checter, Director '
, Any maintenance work or project modification not Division of Coastal Management '
, covered hereunder requires further Departmental approval. /
' All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 1999
/
, In issuing this permit,the State of North Carolina agrees
11
, that your project is consistent with the North Carolina
, Coastal Management Program. Signature of Permittee '
�, oXo).oxa � c

r
• NC Dept. of Transportation Permit#88-96
Page 2 of 2
ADDITIONAL C9NDITIONS
• • The stump removal operation must lie ned by sediment curtains. Removal shall be by cable
extraction.
• Stump removal shall be limited to the footint of the,barge.
• • This permit modification must be attached to theloriginal,of pelt No. 88-97 and both
documents and pertinent attachments must be readily_,available;e9 ite when a Division
representative inspects the project for compliance.
• • All conditions and stipulations of the original remain in e under this modification unless
altered herein.
�y�oxo o

•
kg,",
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRET(')
GOVERNOR P.O.BOX 25201.RALEIGH.N.C. 27611-5201 SECRETARY
November 27, 1996
Mr. Terry Moore, District Manager
N.C. Department of Environment, Health
and Natural Resources
Division of Coastal Management •
Washington District Office
1424 Carolina Avenue
Washington, NC 27889
Subject: Request for Modification to CAMA Major Development Permit No.
88-96; Bertie/Chowan Counties; TIP No. R-2512A; State Project No.
8.T010602
The Department of Transportation requests that the existing CAMA permit be
modified to provide suitable access for contractor equipment during construction of
eastern sections of the Chowan River Bridge and the land trestle, which is located east
of the Chowan River. There are three separate modifications which are necessary in
order to achieve the level of equipment access required for the project. These three
modifications are described below.
Underwater Obstacles
The Department's original permit application requested authorization to use
"sunken barges" as the construction platform from which the contractor will operate
cranes and other heavy equipment during the Chowan River bridge construction.
Unfortunately it was not known at the time that a portion of the route to be used by the
barges near the east bank of the Chowan River was littered with old, relict cypress
stumps (see drawing). Since sinking barges on these obstacles is not a reasonable
option, authorization to remove the stumps is requested. The methoc of removal of the
stumps will be limited to cable-extraction rather than excavation. A sedimentation
boom will be used to isolate the impact zone until disturbed sediments have settled out
following no iwiw g the stump extraction process.
Extension of Temporary Haul Road
In addition, the contractor needs to"walk" cranes from sunken bale platforms
directly onto temporary haul road which parallels land trestle on the east she of the
Chowan River. In order to achieve this access, the Department proposes') install a
temporary, metal sheet pile retaining wall above the wetland boundary whlc� parallels .

Page 2
November 27, 1996
Mr. Moore
the Chowan River shoreline (see drawing). This retaining wall (with wing-walls) will
retain fills east of the wall which are continuous with the proposed temporary haul road.
The only options to this method of equipment access is to construct a new temporary
dock/loading facility, or for the contractor to request use of the existing facility at the
nearby Waff Brothers Construction Company site. The latter option has been ruled out
due to logistical limitations at the site. Construction of a new, temporary docking and
loading facility would result in more serious environmental consequences. Although the
proposal will not effect any Section 404 jurisdictional areas, the retaining wall will occur
within the Estuarine Shoreline AEC and will require authorization from the Division of
Coastal Management.
Temporary Crane Stations
Finally, the temporary haul road must be modified to provide close contact
between the contractor's crane and trestle bent locations. This juxtaposition is needed
to enable the contractor to perform various lifting and/or hammering operations
efficiently and safely. In order to achieve this access, it is proposed that eleven
temporary offsets be constructed, parallel to the main axis of the temporary haul road.
Each of these offsets will be located between each of eleven pairs of trestle bent sites
(See drawing). These offset areas will be constructed in the same manner as the
temporary haul road. Clearing, not grubbing, will be the method of vegetation removal,
and earth fills will be introduced only after geotechnical fabric has been installed. At the
completion of construction in this area all fills and fabric will be removed.
Since no permanent impacts to wetlands will result from the proposed
modifications, no compensatory wetland mitigation is recommended. The measures
outlined above are essential to the efficient and safe operation of equipment during
construction activities.
Thank you for your prompt attention to this request. Please call M. Randall
Turner if you need additional information.
Si re 27
. r nklin Vick, PE., Manager
Planning & Environmental Branch
HFV/mrt
Attachments
cc: Mr. Michael F. Bell, Corps of Engineers
Mr. T. E. Brite, Resident Engineer
Mr. C. E. Lassiter, Jr., P.E., Division Construction Engineer
Mr. David C. Robinson, P.E., Ph.D., Permits/Mitigation Unit Head
M. Randall Turner, Division Environmental Officer

1 1 141 I. ( AI+l I 4
A I I Ar•I11 I) / _ _4
I!tllll I Itl?Ilu l r 'I.IM.i 4 ? CAIII I ` rill II, t: FT _
��
371 ' 1"''.'•'" ,:,;I II III(a • REMOVE EXISTING PAVEMENT - - — -
_�' (r.. /7 I
I I I' ( AIt1 1 \ �UU II/G • /. .1 �- - •
(51 Y,
III/III It It1-11)GE - - - .—. 7 \ ‘ '
O I?O( I 1 x /
�1I8.000
1 �.
•
,% \_ . !oa
/ I . .000
I
PC
V
2oT D o
rl5 I5wrIn1C, „ I O I_ \ST)MPs O Ia—zo(. 30- -- --
•
737z‘c6C ----\ -.(S1 ( ,fl•
i ;'
�c , / i/ ,r; r I— CV r. I
L -- I '
rn
� �`r \
:ronl
o2 Maw (�qct� nl6�svn,r� �,4ZT1a '� North Carolina
73
pUl� E Department of Transportation
SUNYttf 3�� TAM )74..2� \ fZUPcI� I Division oCHighways
;7 /N tTa I-- SNEE?Dili:,
I�CSZ i�tSZr1IT- 7AV� County: Bertie Chow an
FILL, \ Project: 8.T010604(R-_5I2A)
>T wtz-7Z.o„vb LiM(I— Q Scale: N�
�- w�LA rJ� \ Date: )1-zs-..9 e .
L'''^ ITS
/ .1

•
Ism—
r-z� 7=21 CE4;r
:z rse ,- ,vO cA/T -G
4.
is
1$ i- i ' , ,— SS' i mom : ,AA�� /4m �t n it
1 �07c a I A 1 /
r :: ! I
�%
TFPD HGG�55 I�cvaJ J/
•
•8• Ui C tcl
_ _ I
North Carolina
Department of Transportation
/VOTE-. A.
�, 6.6.1zs Ta � USt� '4c'-' 3 Z'rxC Division of liiglnways
13EArr.S. TcrrgL qa- ELCvEn) Z1=�t�t2t1� County: Bernie&Chow;in
3 cTt•ur,Mnl sr" yt+3 sU± T U �t 63S ± . Project: s.TO l O6O t 1[t-zs l�.�1
EART1</ FILL O NL W Hetzc Ci IZutdND Oi D� $ Scale: NTS
IP?tZLuDE MkT5. ,C/LLcv1L(.. 3C Pi.AC.t;-D AA., ,ZCA/u/f'O
S- A1e As TEMP. ,4 Cc.ESS /Z0is. .

o,€. /2,17/OAJ FAR, /`
QJ/D FIL-L-
156/tt CIF %c>A 6. F/L
/36Gk.5.6
/c
;� POP/Vz y//c Ens
_l Z/ Al /: / 1
EGT/c&J E - /.J
P/C AL C1/01vS
North Carolina
Department of Transportation
Division of Ilighways
• l`f M I County: Berrie&Chowan
Project: 8.TOI06(}4(R-2512A)
Scale: ,vr
Date: ii_z5-_/4„
,�4-. 7'l of I nA -A ..

State of North Carolina
Department of Environment,
Health and Natural Resources Ticr
Division of Coastal Management p
JamesnatB. Hunt, Jrw., , Secretr
ary
p E H N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 3, 1997
Mr.H.Franklin Vick
NC Dept. of Transportation
Planning&Environmental Branch
P.O.Box 25201 Drive
Raleighn,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, [phone] 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 R.Parker,Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Nitc FAX [phone]
Raleigh,North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 Reduce Rellee Recycle 50%recycled/10%post-consumer paper

State of North Carolina
•
Department of Environment,
Health and Natural Resources A1TA
Division of Coastal Management
James B. Hunt,Jr., Governor p
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM C\St.C.
TO: John Parker \a Q
THROUGH: Terry Moore
FROM: David Moye
DATE: 23 December 1996
SUBJECT: Modification of CAMA Permit No. 88-96
The NC DOT has requested a modification to CAMA Permit No. 88-96. The permit was originally
issued for the replacement of Bridge No. 38 over the Chowan River on US 17 in Bertie and Chowan Counties.
I have provided Deborah Sawyer of DWQ, Sara Winslow of DMF, and Chad Thomas of WRC a copy of the
proposed changes and have attached their comments. I have also included NC DOT's $50 check to cover the
cost of the permit modification.
NC DOT is requesting CAMA Permit No. 88-96 be modified to include the following changes (see
attached plats dated 25 November 1996):
1. The removal of cypress stumps in the location of the sunken barges at the east
(Chowan County) side.
2. The construction of an access from the river shore on the east side to the permitted
temporary fill access road.
3. The construction of fmger access roads perpendicular to the temporary fill access
road in the 404 area.
I recommend a minor modification of Permit No.88-96 to authorize the changes outlined above and
suggest the following conditions be added to the existing permit;
1. The removal of stumps will be limited to the footprint area of the proposed sunken
barges.
2. Stump removal will only be allowed outside the established moratorium of 15
February -30 June of any year.
ATTACHMENTS
cc: Preston Pate - DCM
Richard Watts -DCM
Deborah Sawyer - DWQ
Sara Winslow - DMF
Chad Thomas-WRC
Randy Turner - NC DOT
1424 Carolina Avenue,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

•
..
•
. . .
.
"7".
•
. .
.,
. .
.
_ .
..
„..
.
.
.
. ,
•
•.
..
.
.

State of North Carolina
Department of Environment,
Health and Natural Resources g • •
Division of Coastal Management p
JamesnahaB. Hunt,Jr.,w , Secrnor
etary i) E H N F.
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Deborah Sawyer-NC Division of Water Quality
Sara Winslow -NC Division of Marine Fisheries
Chad Thomas -NC Wildlife Resources Commission
FROM: David Moye
DATE: 11 December 1996
SUBJECT: Modification of CAMA Permit No. 88-96
Attached is a letter from Randy Turner(NC DOT) requesting a modification to CAMA
Major Permit No. 88-96 which was issued to the NC DOT for the replacement Bridge No. 38
over the Chowan River on US 17 in Bertie and Chowan Counties in North Carolina. NC DOT is
requesting 3 specific changes to the permit;
1. The removal of cypress stumps in the location of the sunken barges at the east(Chowan
County) side. No review was made in the original application of this type of work.
2. The construction of an access from the river shore on the east side to the permitted
temporary fill access road. This proposal will not impact any wetland areas and fill will
be limited to existing high ground.
3. The construction of finger access roads perpendicular to the temporary fill access road in
the 404 area. This type of request has been reviewed previously as a temporary impact to
the 404 and will be removed at the completion of the project.
I am requesting your written response to the 3 modifications of the permitted project as
described in the attached letter. Thank you for your prompt response.
cc: Terry Moore - DCM
ohn Parker-DCM, Raleigh
Randy Turner -NC DOT
1-1/
'i)t, \ �r
tvaGfntNT
\ram , cu
1424 Carolina Avenue,Washington,North Carolina 27889 Telephol 949-94b 8 ► FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycle• '1'.. • - onsumer paper

,,,-,0y T op �,.-.... ,.
e 4, DEPARTMENT OF THE ARMY
w >-�, _ .�, WILMINGTON DISTRICT, CORPS OF ENGINEERS
C iI, )7 P.O. BOX 1890
.y h4`�.. y, WILMINGTON, NORTH CAROLINA 28402-1890
''° rEs '',P January 6. 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400991
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
We have received a permit modification request by the North Carolina Department of
Transportation (4NCDOT), for Department of the Army (DA) authorization and a State Water
Quality Certification to:
•
a. Remove approximately 30 relict cypress stumps (see attached drawing) near the
east bank of the Chowan River in association with the authorized placement of sunken barges
to be used as construct—io pl`atforms during bridge construction. The method of removal will
be limited to cable-extraction rather than excavation. A sedimentation boom will be used to
isolate the impact zone until disturbed sediments have settled out following the stump
extraction process.
b. Install a temporary, metal sheet pile retaining wall above the wetland boundary
which parallels the Chowan River shoreline to facilitate the movement of equipment from the
sunken barge platforms directly onto the temporary haul road which parallels the land trestle
on the east side of the Chowan river. This retaining wall (with wing walls) will retain
backfill material east of the wall contiguous with the proposed temporary haul road. The
only options to this method of equipment access are to construct a new temporary
dock/loading facility, or for the contractor to request use of the existing'facility at the nearby
Waff Brothers Construction Company site. The latter option has been ruled out by the
applicant due to logistical limitations at the site. According to the applicant, construction of
a new temporary docking and loading facility would result in more serious environmental
consequences. Although the proposal will not effect any Section 404 jurisdictional areas,
construction of the retaining wall will occur within the State's Estuarine Shoreline AEC and
will require authorization from the Division of Costal Management.

-2-
c. Modify the temporary haul road to provide close contact between the
contractor's crane and trestle bent locations. This modification is needed to enable the
contractor to perform various lifting and/or hammering operations efficiently and safely.
In order to achieve this access, it is proposed that eleven temporary offsets be constructed,
parallel to the main axis of the temporary haul road which will result in an additional
0.8 acres of temporary fill. One of these offsets will be located between each of eleven
pairs of trestle bent sites (See drawing). These offset areas will be constructed in the same
manner as the temporary haul road. Clearing, not grubbing, will be the method of
vegetation removal, and earthen fill material will be introduced only after geotechnical fabric
has been installed. At the completion of construction in this area, all fills and fabric will be
removed and the area restored to preconstruction elevations and contours.
This activity is associated with the Department of the Army permit issued on
August 7, 1996, for TIP nos. R-2512a and R-2512b, State Project no. 8.T010602. Your
receipt of this letter verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under
the provisions of Section 401 of the same law. A Department of the Army permit will not
be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of
a request for certification is a reasonable time for State action. Therefore, if you have not
acted o the request, or asked for an extension of time, by February 28, 1997, the District
Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be addressed to
Mr. Michael F. Bell, Washington Regulatory Field Office, telephone [phone],
extension 26.
Sincerely,
David M. Lekson, P.W.S.
Field Office Manager

STATE OF NORTH CAROLLNA
DEPARTMENT OF ENVIRONMENT,
7TFALr1'H AND NATURAL RESOURCES Airx;iviA
Division of Marine Fisheries
James B. Hunt, Jr., Governor t
Jonathan B. Howes, Secretary [ NJ F
Bruce L. Freeman, Director
MEMORANDUM:
TO: David Moye, DCM
FROM: Sara E. Winslow, Biologist Supervisor. <J
SUBJECT: Modification of CAMA Permit No. 88-96
DATE: December 13, 1996
The North Carolina Division of Marine Fisheries submits the following comments
relative to the requested modification of Permit No. 88-96.
This agency is concerned with the proposed removal of cypress stumps. These
underwater stumps provide valuable habitat for various species of fish. The removal of these
stumps should have been addressed in the original application. The Division however,
approves of the removal with the tle-extraction and a sedimentation boom. This agency
also recommends that this removal take place as soon as possible, prior to 15 February,
which would be within the time frame of lowest biological productivity.
The Division approves of the other proposed changes (access road, finger access
roads).
Post Office Box 769, Morehead City, NC 2S557 Telephone [phone] FAX [phone]S
An Equ+l Opporiunny AnIrm,livr an Mn Empb•er '0:rr.-wrkti 10.po.r.eonsurner pu per

•
•
( ,
•
7.„ , ` Z',
_ .4
ki North Carolina Wildlife Resources Commission
512 N. Salisbury Street,Raleigh,North Carolina 27604-1188,919-733-3391
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: . David Moye, Division of Coastal Management
FROM: Chad Thomas, District Fisheries Biologist, WRC
DATE: December 16, 1996
SUBJECT: NC DOT request for modification of CAMA Permit No. 88-96
Wildlife Resources Commission staff have reviewed the request for modifications to
CAMA Permit No. 88-96 issued to NC DOT for the replacement of Bridge No. 38 over the
Chowan River. 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 is requesting a permit modification allowing the removal of cypress stumps
on the east side of the Chowan River. Stump removal is necessary to allow the placement of
sunken barges during bridge construction. Stumps and other woody debris provide cover and
holding structure for a variety of fishes and invertebrates. Removal of cypress stumps in the
vicinity of the bridge will cause significant adverse impacts on fish and wildlife resources through
loss of productive bottom habitat. Water quality degradation during extraction will also be
detrimental to aquatic resources. However, we will not object to proposed modifications if
reasonable effort is made to minimize destruction of fisheries resources on the project site.
Stumps should be removed only when they present an obvious obstacle to the placement of the
sunken barges.
Additionally, we have no objections to items 2 or 3 providing proper erosion control
measures are employed, and every effort is made to minimise impacts to adjacent wetlands.
We appreciate the opportunity to comment on these modifications. If' can provide any
additional information please contact me at(919) 335-4961.
cc: David Cox, Highway Projects Coordinator, WRC

MEMORANDUM
Division of Water Quality
Washington Regional Office ATVA
December 20, 1996
�EHNR
To: David Moye, DCM-Washington
From: Deborah Sawyer /.05
Subject: Modification of CAMA Permit No. 88-96
. NC DOT Bridge No. 38, Chowan River on US 17
Chowan County
This office has reviewed the above subject modification request. The removal of the cypress
stumps should not cause adverse water quality_concerns. The access roads are temporary and with
removal and restoration of the impacted areas, post construction of the bridge, should not cause
permanent losses of wetlands. It is therefore the recommendation of this office that the
modification request be issued for this project.
If you have any questions or comments, please contact this office. Thank you.
cc: John Dorney
Randy Turner, NC DOT

State of North Carolina
Department of Environment,
Health and Natural Resources Al 77;:irA
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F .
A. Preston Howard, Jr., P.E., Director
January 15, 1997
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr.Vick:
Re: Modification of Certification Number 3066
US 17 from Chowan River to US 17 Business near Edenton
DWQ#960280, COE#199400991
Bertie and Chowan Counties
TIP No. R-2512A, State Project No. 8.T010602
The Division of Water Quality has no objection to modification in the CAMA Permit
88-96 as described in your 27 November 1996 letter to Mr. Terry Moore of the Division of
Coastal Management. We have no objection to modification of the CAMA Permit along the
lines outlined in your letter. All other conditions of the Certification are still applicable.
Please call Mr. John Dorney at 919-733-1786 if you have questions.
Sincerely,
i
stop oward, J e.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Offic
Washington DWQ Regional Office 110/
John Parker; DCM 91,j�
,,
Central Files
v,9 ''��, 1 .
ti
l9
%' 1-17- )
c.4\ ,, i''''
,\ n
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX#[phone]
An Equal Opportunity Affirmative Action Employer • 50%recycled/10%post consumer paper

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991 December 26, 1996
PUBLIC NOTICE
PERMIT MODIFICATION
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION
OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201, was issued,
on August 7, 1996, a Department of the Army (DA) permit TO FILL 16.20 ACRES OF
SECTION 404 WETLANDS AND FILL 0.22 ACRE OF OPEN WATERS OF THE
UNITED STATES ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK, AND
THEIR UNNAMED TRIBUTARIES. THE PROJECT PURPOSE IS TO WIDEN 9.3
MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGES OVER THE CHOWAN
RIVER AND PEMBROKE CREEK, FROM 0.5 MILES WEST OF THE CHOWAN RIVER
TO WEST OF U.S. 17 BUSINESS, EAST OF EDENTON, CHOWAN AND BERTIE
COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B, STATE PROJECT
NO. 8.T010602. The permittee has applied for a modification to the permit to:
a. Remove approximately 30 relict cypress stumps (see attached drawing) near the east
bank of the Chowan River in association with the authorized placement of sunken barges to
be used as construction platforms during bridge construction. The method of removal will be
limited to cable-extraction rather than excavation. A sedimentation boom will be used to
isolate the impact zone until disturbed sediments have settled out following the stump
extraction process.
b. Install a temporary, metal sheet pile retaining wall above the wetland boundary
which parallels the Chowan River shoreline to facilitate the movement of equipment from the
sunken barge platforms directly onto the temporary haul road which parallels the land trestle
on the east side of the Chowan river. This retaining wall (with wing walls) will retain
backfill material east of the wall contiguous with the proposed temporary haul road. The
only options to this method of equipment access are to construct a new temporary
dock/loading facility, or for the contractor to request use of the existing facility at the nearby
Waff Brothers Construction Company site. The latter option has been ruled out by the
applicant due to logistical limitations at the site. According to the applicant, construction of
a new temporary docking and loading facility would result in more serious environmental
consequences. Although the proposal will not effect any Section 404 jurisdictional areas,

4
-2-
construction of the retaining wall will occur within the State's Estuarine Shoreline AEC and
will require authorization from the Division of Costal Management.
c. Modify the temporary haul road to provide close contact between the contractor's
crane and trestle bent locations. This modification is needed to enable the contractor to
perform various lifting and/or hammering operations efficiently and safely. In order to
achieve this access, it is proposed that eleven temporary offsets be constructed, parallel to the
main axis of the temporary haul road which will result in an additional 0.8 acres of
temporary fill. One of these offsets will be located between each of eleven pairs of trestle
bent sites (See drawing). These offset areas will be constructed in the same manner as the
temporary haul road. Clearing, not grubbing, will be the method of vegetation removal, and
earthen fill material will be introduced only after geotechnical fabric has been installed. At
the completion of construction in this area, all fills and fabric will be removed and the area
restored to preconstruction elevations and contours.
The applicant feels that no permanent impacts to wetlands will result from this
proposed modification. Therefore, no compensatory wetland mitigation is proposed to offset
these impacts. The applicant further states that the measures outlined above are essential to
the efficient and safe operation of equipment during construction activities.
The North Carolina Department of Environment, Health and Natural Resources has
authorized the previously approved work.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies
such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean
Water Act by the
North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by
the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by
the North Carolina Division of Coastal Management (NCDCM) or their delegates.

•
-3-
d. The issuance of an easement to fill or otherwise occupy State-owned submerged
land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the
North Carolina Department of Administration (NCDA) and the North Carolina Council of
State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act
of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit modification will be denied if any
required State or local authorization and/or certification is denied. No DA permit will be
issued until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of concern
represented by the above agencies directly to the respective agency, with a copy furnished to
the Corps of Engineers.
This permit modification request is being considered pursuant to Section 404 of the Clean
Water Act(33 U.S.C. 1344). Any person may request, in writing within the comment period
specified in the notice, that a public hearing be held to consider this application. Requests
for public hearing shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this worksite is not a registered property or property
listed as being eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District Engineer, and he is
otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the
requested permit modification.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to modify the permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on
the public interest requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The decision

-4-
whether to authorize a proposal, and if so the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be considered including
the cumulative effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence
and any other applicable guidelines or criteria, a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act.
The NCDWQ considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Water Act. The application and this public notice for the
Department of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Environmental Operations Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of
such materials will be furnished to any person requesting copies upon payment of
reproduction costs.

r
•
-5-
All persons desiring to make comments regarding the permit modification for Clean
Water Act certification should do so in writing delivered to the North Carolina Division of
Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687,
on or before January 9, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed permit modification, as outlined above,
will be received in this office, Attention: Mr. Michael F. Bell, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until
4:15 p.m., January 9, 1997, or telephone [phone], extension 26.

• '
AIInrinII / 1 tln•ua ! fnllll `,Ill) II I: jFT - - — —
I'tll'1 1' I:Itll)),I 13n t — -- ) - -
r Irr,; ;.r1 I0•.1 t: In n),:I REMOVEI EXISTING PAVEMENT _ 1
5-11,-16 _____ 0 • /7 ' '\
/
< �, — P. 1
32)Ql" . :l
—
, .
•1- II 1 t AI,' 1 `, & 1 `5UO II/G . -•7 r,� t3
11r1 t /,I:II \ ( y \ .
IIIII'11( It1'111GF. N
�'
O I'c)t vs ,,•I [ CA /// c' \ �.II8.000
- U98.000
o DRIVE 3 7---- - LI
-F \` .108.000
1 I I / PC
G n,
}�Zoi � 1 t P ( I 7 E '
I . '1 1 I
�'i 1 I
EiVST11JC� 'i f \ •
• I
STU MPS I O I I
qzo�(. 30 - - - t -- i T`- t_I
/ � i I: / / I u.,1.1'rrl,l�
i / . r r i I I/ �, ;I'
AND Ili
jO . F I t North Carolina
AND 02 N1njS,(►�4ct� T�C„�5"�I J PUI� DepartmeiltoCTransportation
h1� 1 Division of Highways
3 M Tat. SNE-ETP11.L \ , \ County: Berrie&Choµ an
?Ccz f Cyr SIT P 2crA\IJ PILL., Project: 8.T010604(R-_512A)
Scale: N-Ts.
t W1..-7L•Nx ►7 L./Mir Date: )1-2.5-9
1,t1ErL4�7 \ .
-
LI - 113)
1?(.aL l�a&) A 7 IA_T�' I- Ci c I ,\� /0r3
• ..

4
So/L y7r1i3ic. /2Al-i70A.I IAf_iRiC
W i7N ru-t.
150n(IF S7-()k16 G I L L
A 6¢.e...6 Tyr
/� 'r_"I PU,P/b2/ 4ccE.,5
i.,_, Ico Afl
. / /.
l / . .
r
z, m ,47/71
l
'`EGT i o e - IJ
/ `1P/Ca.L i0&S
} r ip pi 1 North Carolina
Department of Transportation
\ Division of Highways
I County: 13enic,:Chowan
I`f^� v� Project: 8.T010604 t R-'_512A 1
Scale: Nu
Date: //-l6 5,4
o
,�EG r-101\I I I A -A'
2oF 3

I
<13 rl1 7= u x 7-Z1 ,-,z
TT
AS EN/ �
, :\/r
/ , 0 . , ti il
1 /4 111 ' ....._A_A I
s I I / /,
I. •
1, I •
f , /
i
7
N ..•. TAMPD.P�Ry //cceSt A1.z41.6 ii.-
PAS .,)
Ui Etc)
_ _, North Carolina
Department;of Transportation
Di%ision of Highways
�i t�S Ta 3E- USt� 7D Rct -6 3%z'c6t
/`/pE; County: Benie&Chowan
CnITS. T1T4L 4r" `ei-EVtn1 Z\ �tIZt1� Project: 8.TOIU604(R-25I2A)
3 c-T4-it-n1 5-rn 47(f3 Sty± To 41-t 63g Z` • Scale: NTS
3, EATz.ri! 7c‘11.-L p rJt..)/ W NtTtE G RuvND Ala 57t.CT1,,u5
Date: //-L6---910
PREtc.uDE MATS. ,G/LLWILL. i3Z PPt.AC!_—D A&., l 'o-AicL£D
Si}ME AS re-MP. 4CLES< i o D.
3 or 3
P.

e`SfATF o
7
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR
SECRETARY
113 Airport Drive
Suite 100
P.O. Box 850
Edenton, NC 27932
December 13, 1996
Mr. Terry E. Moore, District Manager
N. C. Department of Environment, Health
and Natural Resources
Washington Regional Office
Division of Coastal Management
1424 Carolina Avenue
Washington, NC 27889
Attention: Mr. David Moye, Coastal Field Representative
Dear Mr. Moore:
Enclosed you will find a check in the amount of S50.00 to cover the application
fee for the proposed minor modification of CAMA Major Development Permit 88-96,
issued on May 29, 1996 for work associated with the construction of a new crossing of
the Chowan River and associated wetlands.
I am in receipt of your notification memo to DWQ, DMF and WRC, issued on
December 11, 1996. I am grateful for the expeditious manner in which Mr. Moye has
handled the Department's request.
Please call me if I can be of further assistance.
Sincerely,
1414.4c
M. Randall Turner, Division Environmental Officer
Planning & Environmental Branch-Division 1
Enclosure
cc: Mr. D. R. Conner, PE.
Mr. T. E. Brite
Mr. H. Franklin Vick, PE.
Mr. David C. Robinson, PE.. Ph.D.
Phone:[phone] Fax: [phone]
Courier: 10-62-26