NCDOT 88-96 Department of the Army 12/20/1996

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December 20, 1996
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400991
Mr. H. Franklin Vick, P.E. , Manager
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference the Department of the Army (DA) permit issued on
August 7, 1996, 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, in association with the widening of 9.3
miles of U.S. 17, including replacement 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. Also reference your
written request of October 31, 1996, for a permit modification to clear and
maintain an additional 2.25 acres of 404 wetlands adjacent to the Chowan
River, Pembroke Creek, and their unnamed tributaries to maintain construction
easements associated with the widening project, and to change artificial reef
enhancement requirements stated in Special Condition (t. ) from mandatory
requirements to elective requirements by NCDOT contractors.
The permit is hereby modified to include the above described changes. It
is understood that all other conditions of the original permit remain
applicable and that the expiration date is unchanged. In addition, this
permit modification is contingent on the following special permit conditions.
a. The North Carolina Department of Transportation (NCDOT) will
mitigate the project impacts by restoring 1. 93 acres of non-riverine wetlands
at the Dismal Swamp Mitigation Site (DSMS) in Gates and Perquimans County and
by debiting 13.3 acres of riverine wetlands from the Company Swamp Mitigation
Bank in Bertie County.
b. The mitigation work undertaken at the DSMS pursuant to the plan
entitled, "Compensatory Mitigation Plan: N.C. Department of Transportation US
17 Widening, Edenton to Hertford Traffic Improvement Project (TIP) : R-2208A
Chowan and Perquimans Counties, North Carolina", dated April 1995, and will be
commenced immediately and implemented concurrently with all phases of
construction activities authorized by this permit modification to the extent
necessary to construct, monitor and maintain 1. 93 acres of non-riverine
wetlands to the satisfaction of the Corps of Engineers. 0e\' `R 4 -lam
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All work within waters and/or wetlands authorized by this permit modification
shall cease if planting is not undertaken in accordance with the mitigation
plan. Any deviation from this schedule must be approved by the Wilmington
District, U.S. Army Corps of Engineers, Regulatory Branch.
c. Once the acreage at the DSMS utilized to satisfy condition (a. ) above
has been identified, NCDOT shall survey it, and provide the Corps of Engineers
a copy of the survey. NCDOT shall maintain the acreage described in this
paragraph in the condition achieved by implementation of the mitigation plan,
and approved by the Corps of Engineers, in perpetuity.
d. In the event of a spill of petroleum products or any other hazardous
waste, it should be reported to the N.C. Division of Water Quality at 919-733-
5083, Ext. 526 or 1-800-662-7956 and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
e. Subject to compliance with regulations for disposal of materials at
artificial reef sites, the Contractor will be allowed to place specific parts
of the existing bridge on the Black Walnut Point Artificial Reef site. This
site is located 2 to 3 miles downstream of the bridge at approximately 36
degrees North latitude and 76 degrees 40 minuets West longitude. Only entire
bent caps and concrete piles or portions of concrete piles will be allowed on
the reef. Disposal of all other parts of the existing bridge shall be in
accordance with the Standard Specification and governing regulations. If the
Contractor elects to utilize the reef site, placement of materials shall be
coordinated with and meet deployment specifications of the North Carolina
Division of Marine Fisheries. For specific requirements, contact either
Mr. Steve Murphey, Artificial Reef Coordinator, or Mr. Mike Marshall at
[phone].
Thank you for your time and cooperation. Any questions regarding this
correspondence may be directed to Mr. Michael Bell, NCDOT
Coordinator/Regulatory Project Manager at the Washington Regulatory Field
Office, telephone (919) 975-1616, extension 26.
Sincerely,
Terry R. Youngbluth
Lieutenant Colonel, U.S. Army
District Engineer

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Copies Furnished:
John Parker
/Division of Coastal Management
N.C. Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John M. Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Environmental Protection Agency
Water Management Division
Wetlands Protection Section
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
David Cox
Post Office Box 118
Northside, North Carolina 27564
Mr. Nicholas L. Graf
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601

V
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991 November 21, 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. CLEAR, AND MAINTAIN AN ADDITIONAL 2.25 ACRES OF 404 WETLANDS ADJACENT TO
THE CHOWAN RIVER, PEMBROKE CREEK, AND THEIR UNNAMED TRIBUTARIES TO MAINTAIN
CONSTRUCTION EASEMENTS ASSOCIATED WITH THE SUBJECT HIGHWAY. The following description
of the work is taken from data provided by the permittee in a letter dated October 31, 1996. The proposed permit
modification involves an additional 10 feet of clearing along the road shoulders to accommodate the use of
equipment to service erosion control structures and to allow for other construction impacts within 404 wetlands.
NCDOT proposed to mitigate the project impacts by restoring 1.93 acres of wetlands from Dismal Swamp
Mitigation Site in Gates and Perquiman.s County and by debiting 13.3 acres from the Company Swamp Mitigation
Bank in Bertie County. Plans showing the work are included with this public notice.
b. Change artificial reef enhancement requirements stated in Special Condition(t.) from mandatory
requirements to elective requirements by NCDOT contractors. Special Condition(t.)pertains to the use of rubble
from the Chowan River Bridge, which cannot be sold as scrap and is appropriate for use, to create artificial reefs
at the discretion of the North Carolina Division of Marine Fisheries (NCDMF). If the contractor elects to
construct artificial reefs, the Black Walnut Point Artificial Reef Site (36 degrees North and 76 degrees and 40
minuets West) will be used.
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:

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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.
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 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

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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.
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 December 6, 1996, Attention: Mr. John Dorney.
Written comments pertinent to the proposed permit modification, as outlined above, will be received
in this office, Attention: Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000,
Washington, North Carolina 27889-1000, until 4:15 p.m., December 6, 1996, or telephone [phone],
extension 26.

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COUNTY: Chowan
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COUNTY: Chowan
2. IN SOME INSTANCES, EROSION CONTROL PROJECT: R-2512;6.039002T
DEVICES AND/OR ROADWAY DITCHES OCCUR Edenton Bypass
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DISTRICT ENGINEER
U.S. ARMY ENGINEER DISTRICT, WILMINGTON
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
OFFICIAL BUSINESS
SAWCO
IMPORTANT!
THIS IS A PUBLIC NOTICE