NCDOT 7-98 Correspondence 3/9/2012

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Friday, March 09, 2012 11:21 AM
To: Lane, Stephen
Subject: RE: Request for review of permit compliance on a break in controlled access along US
64/Croatan Sound bridge Project- Manteo
Hi Stephen,
The Dare County multi-purpose trail does not appear to conflict with the permit conditions
and project commitments of the Croatan Sound Bridge and Roanoke Island Visitor Center (CAMA
Permit No. 7-98).
Sincerely,
Cathy
Please note that my telephone number, FAX number and physical address have changed
Cathy Brittingham, Transportation Project Coordinator N.C. Division of Coastal Management
(919) 707-9149 phone & FAX
cathy.brittinghamOncdenr.gov
Mailing Address: Physical Address:
1638 Mail Service Center 512 North Salisbury Street
Raleigh, NC 27699-1638 Archdale Building
12th Floor, Room
1204G
Raleigh , NC 27604
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties
Original Message
From: Lane, Stephen
Sent: Tuesday, March 06, 2012 9:48 AM
To: Brittingham, Cathy
Subject: FW: Request for review of permit compliance on a break in controlled access along US
64/Croatan Sound bridge Project - Manteo
Hi Cathy,
Clay asked that we review our permits and make sure that the proposed boardwalk will not be
in conflict with any of the conditions in DDT's permit for the US64/Croatan Sound Bridge. I
have reviewed it and do not believe that it is, but since you are more familiar with this
project than I, I would like to get your take on it as well. I will forward you a copy of
the US64/Croatan Sound permits that DOT sent me for quick reference in a follow up email.
Would you mind double checking that everything is present and correct with the permits?
Thanks,
Stephen
Original Message
From: Willis, Thomas C
1

Brittingham, Cathy
From: Lane, Stephen
Sent: Tuesday, March 06, 2012 9:48 AM
To: Brittingham, Cathy
Subject: FW: Request for review of permit compliance on a break in controlled access along US
64/Croatan Sound bridge Project- Manteo
Attachments: Plan_sheet_7.pdf; CAMA Major Permit.pdf; Plan_sheet_1.pdf; Plan_sheet_2.pdf; Plan_sheet_
3.pdf; Plan_sheet_4.pdf; Plan_sheet_5.pdf; Plan_sheet_6.pdf; Croatan_BridgePermit_3.pdf;
Croatan_BridgePermit_1.pdf; Croatan_BridgePermit 2.pdf
Hi Cathy,
Clay asked that we review our permits and make sure that the proposed boardwalk will not be
in conflict with any of the conditions in DOT's permit for the US64/Croatan Sound Bridge. I
have reviewed it and do not believe that it is, but since you are more familiar with this
project than I, I would like to get your take on it as well. I will forward you a copy of
the US64/Croatan Sound permits that DOT sent me for quick reference in a follow up email.
Would you mind double checking that everything is present and correct with the permits?
Thanks,
Stephen
Original Message
From: Willis, Thomas C
Sent: Monday, March 05, 2012 4:12 PM
To: Biddlecome, William 7 SAW (William.J.Biddlecome(lusace.army.mil); Ward, Garcy; Lane,
Stephen
Cc: Baker, Sterling D
Subject: Request for review of permit compliance on a break in controlled access along US
64/Croatan Sound bridge Project - Manteo
Bill, Garcy, Stephen,
The Town of Manteo has designed a pedestrian walkway from the new courthouse buildings to the
Roanoke Island Visitors Center (boardwalk) . The proposed walkway has been permitted by CAMA,
COE and DWQ. The permits were acquired by the town through Albemarle and Associates
consulting firm in Elizabeth City. A portion of the proposed pedestrian walkway alignment
encroaches in and through NCDOT R-O-W along US 64. This portion of US 64 was constructed in
conjunction with the Croatan Sound bridge/rest area permits. One of the conditions of the
COE's permit for the Croatan bridge, requires control of R-O-W access, by prohibiting new
access from US 64. The proposed pedestrian walkway approaches the R-O-W from the north (court
house) and enters the US 64 R-O-W, then turns parallel following the roadway (US 64) . The
path eventually makes its way to the Croatan sound bridge and crosses under the bridge to tie
into the existing DOT elevated walkway on the south side of the Croatan Sound bridge. The
project details are provided in the attached plan sheets. The encroachment of the pedestrian
walkway does not provide access to US 64, but rather allows the placement of the path within
the R-O-W. There is nothing in this R-O-W access allowance that will allow vehicle traffic or
roadway construction into the property. The R-O-W break is only allowing a pedestrian path be
placed partially in the R-O-W, not connecting to US 64. Based on this fact, I think DOT is in
compliance with the conditions of the Croatan Sound Bridge Permits, however we wanted to
consult with the agencies and make them aware of the request. If you have any concern over
the allowance of the pathway within the R-O-W and it's compliance with previously issued
permits, please let us know.
I have included a copy of the approved permits for the proposed pedestrian path and the plan
sheets. For your reference to the Croatan Sound bridge/rest area permits, I have also
1

included copies of the applicable permits for that project and highlighted the applicable
conditions. I did not see any reference to the R-O-W access in the CAMA or DWQ permits, only
the COE permits.
Feel free to give me a call if you have any questions or need clarification.
Thanks,
Clay
NCDOT Division One
Environmental Supervisor
252-339-0112
tcwillis(ncdot.gov
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.
2

Brittingham, Cathy
From: Lane, Stephen
Sent: Thursday, March 08, 2012 9:14 AM
To: Brittingham, Cathy
Subject: FW: Dare County Trail - Follow up from my previous email regarding the pathway across from
the rest area- Croatan Sound Bridge (UNCLASSIFIED)
Original Message
From: Biddlecome, William J SAW [mailto:William.J.Biddlecome(alusace.armv.mill
Sent: Thursday, March 08, 2012 7:55 AM
To: Willis, Thomas C
Cc: Ward, Garcy; Lane, Stephen; Baker, Sterling D
Subject: RE: Dare County Trail - Follow up from my previous email regarding the pathway
across from the rest area - Croatan Sound Bridge (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Clay,
It appears the new proposed boardwalk does not violate any terms and conditions of the
original permit modification for the Croatan Sound Bridge and Visitor Center therefore I am
ok with the project as proposed.
Bill
Original Message
From: Willis, Thomas C [mailto:tcwillisa(ncdot.govl
Sent: Wednesday, March 07, 2012 3:37 PM
To: Biddlecome, William J SAW
Cc: Ward, Garcy; Lane, Stephen; Baker, Sterling D
Subject: FW: Dare County Trail - Follow up from my previou email regarding the pathway across
from the rest area - Croatan Sound Bridge
Bill,
Attached is a letter from the consulting firm who is managing the Pedestrian pathway project
in Manteo. The attached letter states the proposed project will not impact any mitigation
area DOT used for the Croatan Sound Bridge Project. Let me know if you have anymore
questions.
Thanks,
Clay
From: Mike Morway [mailto:[e-mail]
Sent: Wednesday, March 07, 2012 3:19 PM
To: Willis, Thomas C
1

Subject: Dare County Trail
Clay,
See attached letter
Sincerely,
Michael 3. Morway, PE
Albemarle and Associates, LTD
PO Box 3989, Kill Devil Hills, NC
Ph: 252-441-2113
Fx: 252-441-0965
email: [e-mail] <mailto:miken albemarleassociates.com>
web: www.albemarleassociates.com <http://www.albemarleassociates.com/>
The information contained in this email message and any attachments is confidential
information intended only for the use of individuals or entities named above. If the reader
of this message is not the intended recipient you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating address.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.
Classification: UNCLASSIFIED
Caveats: NONE
2

•
'7
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=
& ASSOCIATES, LTD.
March 7, 2012
NCDOT, Division. District 1
1929 North Road Street
Elizabeth City, NC, 27909
ATTN: Clay Willis
RE: Dare County Multi-Purpose Trail
Dear Mr. Willis:
We have a drawing prepared by Quible & Associates, PC, entitled "Figure 2" and dated
1/11/01. The drawing depicts "2.73 acres mitigation area" northeast of the existing Dare
County Well Site. The proposed Dare County Multi-Purpose Trial (now entitled
Pedestrian Trail") does not cross into or otherwise located within the limits of this
mitigation area. If you need any additional information at this time, please do not
hesitate to contact me.
Sincerely,
-,,
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Michael J. Mo
Engineer
cc: File 07894B (370)
Land Planning-Engineering-Suiveying-Environmental-Construction Management
PO.Box 3989, 115W Saint Clair St.. Kill Devil Hills,North Carolina 27948
North Carolina License No. C.1027
Phone. [phone] wwwAtemarleAssocpates corn Fax [phone]

.
Permit Class Permit Number
NEW 150-11
STATE OF NORTH CAROLINA
x Department of Environment and Natural Resources
and
Coastal Resources Commission
• IOermit
• for
X Major Development in an Area of Environmental Concern
• pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Dare County,PO Box 1000,Manteo,NC 27954
Authorizing development in Dare County at drainage canal to Croatan Sound, 954
Marshall C. Collins Drive.Manteo, as requested in the permittee's application dated 7/13/11. including the att'd
•
workplan drawings (6), CSC dtd 6/22/11, C200-C201 dtd rev'd 7/28/11, and C202-C204 dtd rev'd 8/18/11
This permit,issued on Deeemher 19,2011 , is subject to compliance 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 fines, imprisonment or civil action;or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein,this permit authorizes the grading and other land disturbing
activities associated with the construction of the Dare County Trail, all as expressly and specifically
set forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of
Coastal Management representative at(252)264-3901 for this determination
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty(20)days of the issuing Chairman of the Coastal Resources Commission.
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 / Hie
personnel when the project is inspected for compliance. 9-.7/ ( BraxtDirector
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
January 12,2015
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

0 *
Dare County Permit#150-11
Page 2 of 3
ADDITIONAL CONDITIONS
Pedestrian Walkway
2) Unless specifically altered herein, this permit authorizes the pedestrian walkway and other structures and
uses located in or over the water that are expressly and specifically set forth in the permit application.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405. 943 Washington Square Mall, Washington,
NC 27889.
3) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
4) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater
5) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7110801,
which was issued on 9/13/11. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
General
6) The permittee understands and agrees that, if future operations by the United States requires the
removal,relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters,the permittee shall be required,
upon due notice from the Corps of Engineers,to remove,relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
7) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the areas indicated on the attached workplan drawings.
8) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Dare County Permit#150-11 •
Page 3 of 3
ADDITIONAL CONDITIONS •
•
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
INOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
•
SAW-201101950, which was issued on 12/19/11.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
11-0901.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County Trail
2. LOCATION OF PROJECT SITE: The subject properties are situated immediately north of
the section of US 64/264 located between the eastern end of the Virginia Dare Memorial
Bridge and NC 345 in Manteo, Dare County. The Virginia Dare Bridge carries US 64/264
from the mainland of Dare County over the Croatan Sound to the middle of Roanoke Island.
Photo Index— 2006: 182-7236 (F18—K18, I19,J19,L17, M17)
2000: 182-2157 (07—S7,P6, K8—N8)
1995: 182-1880 (J12—P12, L11, M11)
State Plane Coordinates -X: 2987283 . Y: 795272
Rover File: C091314A USGS Map: Manteo(LR)
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—June 8, 2011 /September 13, 2011
Was Applicant Present—Yes/No
5. PROCESSING PROCEDURE: Application Received Complete—September 6,2011
Office-Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—2009 Dare County Land Use Plan Update
Land Classification from LUP—Transition Corridor,Conservation, and Community
Residential
(B) AEC(s) Involved:Public Trust Area,Estuarine Waters,Estuarine Shoreline
(C) Water Dependent:Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing—Municipal sewer
Planned—None
(F) Type of Structures: Existing—Parking lots,Dare County Municipal Complex,
storm water ponds
Planned—Crushed stone path,new culverts,elevated wooden
walkway
(G) Estimated Annual Rate of Erosion: None
Source—Applicant
7. HABITAT DESCRIPTION: [AREA, square feet(SF)]
DISTURBED FILLED SHADED
(A)Estuarine Waters/ None —360 SF
Public Trust Area None
(B)Estuarine Shoreline
6,420 SF None None
(within 30' buffer)

Field Investigation Report
Dare County Trail - Manteo
Page 2q\\_e49 ,j( ack
(C)Estuarine Shoreline 7,830 SF None None
(beyond 30' buffer)
(D)Uplands 50,250 SF None None
(E)U.S.Army COE None None 1,356 SF
Wetlands
(E) Total Area Disturbed: 64,500 SF(1.48 acres)
(F) Primary Nursery Area: No
(G) Water Classification: Croatan Sound-SA Shellfishing
• Inner Shallow Bag Bay—SC Fish Propagation(Permanent
Secondary Nursery Area)
Shellfishing Open: Croatan Sound-No,closed.
Inner Shallow Bag Bay—No,closed
8. PROJECT SUMMARY:
The applicant proposes to construct a 4,300 linear foot path/walkway connecting the Dare
County Municipal Complex with the Roanoke Island Rest Area/Welcome Center located at the
eastern end of the Virginia Dare Bridge in Manteo,Dare County. Completion of the path will
require the installation of two 4-foot by 30-foot culverts to cross a tributary of the Croatan and
Roanoke Sounds.
Project Setting
The subject properties are bordered by large undeveloped tracts of wetlands to the north,US
64/264 immediately to the south,the Croatan Sound to the west, and old US 64/264 to the east.
Properties to the south of US 64/264 include the Roanoke Island Rest Area/Welcome Center
located at the eastern end of the Virginia Dare Bridge and large tracts of wetlands owned by the
state. The Joint Waters of the Croatan Sound are classified as SA(Shellfishing) and are open
to shell fishing.
The fully developed eastern quarter of the properties,referred to as Tract A, contains the Dare
County Municipal Complex which includes the Dare County Courthouse,the Dare County
Administration Building, and the Dare County Center. This tract also contains the large asphalt
parking lots associated with each building and the required storm water retention ponds.
The western three-fourths of the property,referred to as Tract D,is comprised primarily of
large areas of Coastal Wetlands and U.S. Army Corps of Engineers Section 404 wetlands
bisected by a large upland hummock. The large hummock is vegetated primarily with Pine
trees(Pinus species), scattered Live Oaks (Quercus virginiana), and other indigenous bushes
and shrubs. The Coastal Wetland areas located on the far western quarter of the tract are
vegetated primarily with Black Needlerush(Juncus roemerianus). The upland hummock
contains one of the large groundwater wells contributing to the Dare County potable water
system, a gravel driveway to access the well site,and a storm water management BMP
structure located adjacent to US 64/264 at the foot of the Virginia Dare Bridge.

Field Investigation Report
Dare County Trail -Manteo
Page 3
The far western quarter of the tract also contains the southern portion of a multi-branched creek
which originates about .5 miles north of the Virginia Dare Memorial Bridge. From its mouth
along the shoreline of the Croatan Sound, the creek meanders southeast towards the foot of the
bridge and US 64/264. The creek turns east when it passes under the bridge(and exits Tract D)
and continues to the south side of the Roanoke Island Welcome Center/Rest Area. While
passing through Tract D and under the Virginia Dare Bridge the natural creek connects
to/transitions to an older man-made canal that is in the process of naturalizing.
The creek/canal then turns north along the east side of the welcome center/rest area and passes
under the entrance to the rest area/welcome center through two 48 inch culverts. After passing
through about 75 feet of a large drainage swale located on the south side of US 64/264 the
creek/canal then passes under US 64/264 itself through two more 48 inch culverts. After
passing under US 64/264 (and re-entering Tract D) the canal eventually becomes a portion of
the boundary separating Tract A and Tract D of the subject properties. The canal then turns
east along the northern property line of Tract A and continues east under old US 64/264
through additional culverts. Eventually the canal connects to Shallow Bag Bay and the
Roanoke Sound approximately.5 miles east of old US 64/264.
Near the Dare County Municipal Complex,the canal is approximately 20 feet wide and 2-3 feet
deep. The two-foot tall escarpment located along the canal's western shoreline is vegetated
with Pine trees(Pinus species),Wax Myrtle(Myrica species),Red Bay(Persea borbonia), and
occasional clumps of Black Needlerush(Juncus roemerianus). The canal's eastern shoreline is
vegetated with the same trees and bushes but has intermittent low areas that are vegetated with
Black Needlerush(Juncus roemerianus) and Salt Meadow Grass(Spartina patens).
The clearly visible outline of an old dirt road is located parallel to and west of the canal. The
road's remnants are vegetated with indigenous weeds and grasses,Pine tree saplings (Pinus
species), Sweet Gum saplings (Liquidambar styraciflua), and Wax Myrtle saplings (Myrica
species).
Elevations on the tracts range from zero along the shoreline of the Croatan Sound and the
creek/canal to approximately 10 feet above NWL on portions of Tract A.
Project Description
The applicant proposes to construct a 4,300 linear foot path/walkway connecting the Dare
County Municipal Complex with the Roanoke Island Rest Area/Welcome Center located at the
eastern end of the Virginia Dare Bridge in Manteo,Dare County. The proposed path will
begin at the Dare County Center located on the eastern side of Tract A and loop around an
existing storm water retention pond and connect to the eastern end of an existing elevated
wooden walkway. The path will pick-up again at the western end of the walkway and wind in a
westerly direction along the southern edge of the existing parking lots and storm water
retention ponds toward the canal located along the western edge of Tract A. This section of the
path which will be constructed on-grade in upland areas will consist of a 5-foot wide
compacted screened granite with 6 inch wooden borders, except for a 70-foot section of

Field Investigation Report
Dare County Trail-Manteo
Page 4
elevated wooden walkway that will be installed at the western edge of the existing walkway.
The applicant proposes to install two 4-foot tall by 30-foot long culverts in the canal to provide
an area for the proposed compacted granite path to cross over the canal from Tract A onto Tract
D. Once over the canal,the proposed path will turn south toward US 64/264 and be installed
parallel to the canal. The proposed alignment places approximately 275 linear feet the path
within the 30-foot buffer. This section of the path will also be constructed on-grade in upland
areas with compacted screened granite.
Once the path reaches US 64/264 the proposed alignment turns west,with the path being
installed in the right-of-way immediately north of the highway. This section of path will be
•
490 feet of elevated wooden walkway that will be constructed on the slope of the highway
embankment. The proposed path transitions back to compacted granite near the gravel
driveway accessing the Dare County well site. The path will continue west and loop around the
storm water management BMP structure. Another section of elevated wooden walkway
approximately 300 feet long will complete the proposed path as the proposed alignment
continues west and then under the Virginia Dare Bridge, connecting to an existing walkway
located on the southern side of the bridge.
9. ANTICIPATED IMPACTS `
It is anticipated that the proposed project will have the following impacts:
• Installation of the new culverts will require the filling of 360 SF of Estuarine Water/Public
Trust AECs with approximately 66 CY of material.
• The installation of the culverts will temporarily increase the turbidity of the water within the
existing canal.
• A review of available maps indicates that the no archeological or historic sites are located
within the vicinity of the proposed development.
•
Submitted By: John Cece Jr. (252-264-3901 x234)
Date: September 28, 2011