NCDOT 7-98 Minor Mod US 264 Croatan Sound, Spencer Creek 5

Permit Class Permit Number
MODIFICATION/MINOR 7-98
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ,
and
Coastal Resources Commission
iuiintt
X for
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
R Excavation and/or filling pursuant to NCGS 113-229
' Issued to N.C. Dept. of Transportation, P.O. Box 25201, Raleigh,NC 27611
' authorizing development in Dare County at Croatan Sound and Spencer Creek, US 64-264, ,
, Manns Harbor to Manteoas requested in the permittee's application dated letter dated 6/21/00.
/
„ This permit, issued on �/�6/0 CJ ,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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This minor modification authorizes the use of a large suction device to vacuum the marsh soil
resulting from pile jetting activities, as referenced in the 6/21/00 request letter. S'
, 2) The spoil material to be removed by this method must either be used as fill for the previously ,
authorized road bed, or placed in an approved highground disposal area. ,
3) Extreme caution shall be utilized to ensure that undisturbed marsh substrate is not removed by the '
suction device. Such an occurrence could lead to a violation of this permit.
/ ,
e
/ /
(See attached sheet 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 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 Deparnnent � /��� /
personnel when the project is inspected for compliance. /
(/ _,-,, Donna-D.Moffitt,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, 2001
, 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
oxo ,oxoMoxawc

�xoxoXo.�oxoxo�a
N.C. Dept. Of Transportation Permit#7-98
Page 2 of 2
ADDITIONAL CONDITIONS
• 4) This minor modification shall be attached to the Major Modification of Permit No. 7-98,which was
' issued on 9/23/98, as well as all subsequent modifications and refinements, and all documents, '
including the 6/21/00 modification request letter,must be readily available on site when a Division
representative inspects the project for compliance.
• 5) All stipulations and conditions of the active permit remain in force under this modification unless
' altered herein. '
NOTE: The N.C. Division of Water Quality authorized the authorized modification by way of a
7/26/00 modification to Water Quality Certification No. 3167. ,

IV
41 07
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B.HUNT JR. DAVID McCOY
GOVENOR SECRETARY
June 21, 2000
RECEIVED
Michael F. Bell, P.W.S., Regulatory Project Manager 2000
U. S. Army Corps of Engineers JUL 2
Washington Regulatory Field Office
P.O. Box 1000 COASTAL MANAGEMENT
Washington, North Carolina 28779
Dear Mr. Bell:
SUBJECT: Proposed Minor Modification to Department of the Army Permit
No. 199502334: Improvements to US 64-264, Including the construction of a new
Croatan Sound bridge, from west of Manns Harbor to NC 345, south of Manteo,
in Dare County; Federal Aid Project No. NHF-64 (6); State Project No.
8.T051401; TIP No. R-2551.
Please reference the most recent modification to Department of the Army Permit No. 199502334
issued May 11, 2000 authorizing jetting to install bridge pilings and the associated cleanup. The
modification authorized the NCDOT to utilize a crane with a smooth clam bucket operated from
the exiting temporary work trestle to remove the jetting spoil. Since the time of the referenced
modification the NCDOT has continued to search for a more environmentally friendly and
economically efficient method of removing the spoil material.
The NCDOT has determined that the jetting spoil can be removed utilizing a large suction
machine. The vacuum is capable of transporting the unconsolidated spoil material the entire
distance from the first bent in the marsh to high ground, a distance of approximately 1,800.0 feet.
The vacuum will be stationed on the previously authorized roadway portion of the project.
Attached to the vacuum will be approximately 1,800.0 feet of 6.0"PVC pipe. The PVC pipe will
be in 20.0' sections and will be joined by rubber gaskets. There will be a flexible hose attached
at the end of the PVC pipe. The flexible hose will allow for perpendicular access to the bent
locations and will be directed manually enabling the operator to remove the material with only
minimal disturbance to the marsh.
P. O.Box 850 Edenton,NC 27944 Phone: [phone] FAX: [phone]

As stated above, approximately 1,800.0 linear feet of PVC pipe will be used to transport the spoil
material to high ground. The pipe will be manually placed in the marsh on the south side of the
bridge alignment to avoid obstructing the crane and trestle operation. No mechanized equipment
will be allowed within jurisdictional areas and no staging of equipment other than the 6.0"
diameter PVC pipe will be allowed in jurisdictional areas. The vacuum will be operated from the
existing (previously authorized) roadway section. All material recovered will be incorporated
into the existing roadway section. For safety purposes cleanup will be staggered to allow for a
separation of 2-3 bents between pile driving and cleanup operations.
In addition to modifying the cleanup method, the NCDOT requests that the permit expiration
date be extended from December 31, 2001 to December 31, 2002. Weather related delays as
well as construction and engineering delays have altered the construction schedule. It is no
longer anticipated that construction of the new bridge will be complete by December 31, 2001.
Therefore, the Department requests that the expiration date for Department of the Army Permit
No. 199502334 be moved to December 31, 2002.
The Department anticipates that these requests can be authorized as a minor modification. By
copy of this letter, the Department also requests that the Division of Water Quality modify the
401 Water Quality Certification. If you have any further questions or would like additional
information, please don't hesitate to call. Thank you for your time and consideration.
Sincerely,
D. R. Conner, P. E.
Division Engineer-Division One
T. Lind y Riddick, Jr.
Division Environmental Officer-Division One
Enclosures
Cc: David R. Cox, NCWRC
Tom McCartney, USFWS
John Hennessey, NCDWQ
Sara Winslow, NCDMF
Ron Sechler, NMFS
Mr. Bill Gilmore, P.E., DOT
Mr. Frank Jennings, NCDCM
Mr. R. W. Midgett, P. E.
Mr. R. E. Capehart, P. E.
Mr. Ted Bisterfield, EPA
Ms. Cathy Brittingham, NCDCM✓

NORTH CAROLINA DEPARTMENT OF
ATA
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NCDENR
August16,2000
JAMES B. HUNT JR. :?:
GOVERNOR •.
NC Dept. of Transportation
P. O. Box 27611
Raleigh, NC 27611
BILL HOLMAN
SECRETARY Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,
al.r the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is
loonfi4a up, : -.,.. ,;f• retained by you and it must be available on site when the project is inspected for compliance.Please sign both the
DI .EGT-• " t'. ,, original and the copy and return the copy to this office in the enclosed envelope.Signing the permit and proceeding
A Y� 1 1- means you have waived your right of appeal described below.
k *,, j N♦ If you object to the pent 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
:, Cr issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal
} " •'- t �}`' Resources Commission makes the final decision on any appeal.
ii \1 ',6 The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be
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' 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
..Mp - approved.If you are having the work done by a contractor,it would be to your benefit to be sure that he fully
-� .N understands all permit requirements.
jF � T
v From time to time,Department personnel will visit the project site.To facilitate this review,we request
tr �
4. 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
r' E important coastal resources.
Very sincerely,
.. y- E V
Douglas Huggett
Major Permits/Consistency Manager
-- —" DH/amw
. µ' .. Enclosure
NC lt
FIRST
MEEMINEMI
MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
_.., PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
A"`.� PHONE:[phone] FAX:[phone]
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JUL-19-2000 WED 03:32 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P, 01/01
State of North Carolina
Department of Environment 1 •
A,
and Natural Resources rV��
Division of Marine Fisheries
James B. Hunt, Jr., Governor t'ICDENR
Bill Holman, Secretary NORTH CAROLINA 04PARTMEN7 OF
Preston P. Pate, Jr., Director ENVIRONMENT AND NATURAL fE5OURCEs
MEMORANDUM:
TO: Cathy Brittingham, DCM
Doug Huggett, DCM
Mike Bell, USCOE
FROM: Sara E. Winslow, Biologist Supervisor
SUBJECT: Minor Modification to Department of Army Permit No, 199502334 —
Highway 64-264 Bridge
DATE: July 19, 2000
The NC Division of Marine Fisheries has reviewed the NCDOT request for
modification to Permit No. 199502334, utilizing a suction machine for spoil removal,
This agency approves of this method but cautions that no impacts should occur to the
existing wetlands.
If you have any queston, please contact me at 1-800-338-7805,
7671 Dale
esmo
post-it.Fax Note /7/L
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Fri
co,ioopl.
Pllono
Phone N
01111.11.11111
P.O. Box 769, Morehead City, North Carolina 28557.0789 Telephone [phone] FAX [phone]
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State of North Carolina
Department of EnvironmentAlf
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
July 26,2000
Mr.Bill Gilmore,P.E.,Manager PIECE/
Planning&Environmental Branch If C
N.C.Department of Transportation AUG .1
PO Box 25201 ti 2000
Raleigh,NC 27611-5201 COASTAi!IAAN.4GEMEN7
Dear Mr. Gilmore
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the improvements to US 64-264,including the construction of a new Croatan Sound
Bridge,from west of Maims Harbor to NC 345 south of Manteo in Dare County,TIP R-2551.Federal
Aid Project No.NHF-64(6),State Project No. 8.T051401,WQC Project No.000964.
Attached hereto is a modification to Certification No. 3167 issued to the North Carolina Department of
Transportation on August 19, 1998. The attached modification authorizes no additional impacts to
wetlands or streams. Rather,the certification authorizes the herbicidal treatment and subsequent
replanting of the Mashoes Road Mitigation Site in the Spring of 2001 as described in the May 30,2000
permit application. This modification also authorizes the placement of 4 temporary 24.0"steel pipe
piles in Spencer Creek as well as 14 temporary 24.0"steel pipes adjacent to bridge span 22 in the
Croatan Sound as described in the May 30,2000 application. Pursuant to the June 21,2000
application,the NCDOT is authorized to use a large suction machine to effectively vacuum the marsh
spoil resultant from jetting activities. Also,pursuant to the June 21,2000 application,the date of
expiration for the original 401 Water Quality Certification,and all subsequent modifications,is
extended to December 31,2002. It should be noted the modification is applicable only to the
additional proposed activities. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated August 19, 1998 and all other corresponding
modifications still apply except where superceded by this certification.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
ilyytrA
f� Kerr T. Stevens
Modification to WQC No. 3167
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Deborah Sawyer,DWQ Regional Office
Mr.John Dorney
Cathy Brittingham,Division of Coastal Management
Central Files
Division of Water Quality • 401 Wetlands Unit
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX#[phone]
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality(DWQ)
Regulations in 15 NCAC 2H,Section.0500. The attached modification authorizes no additional impacts to
wetlands or streams. Rather,the certification authorizes the herbicidal treatment and subsequent replanting
of the Mashoes Road Mitigation Site in the Spring of 2001 as described in the May 30,2000 permit
application. This modification also authorizes the placement of 4 temporary 24.0"steel pipe piles in
Spencer Creek as well as 14 temporary 24.0"steel pipes adjacent to bridge span 22 in the Croatan Sound as
described in the May 30,2000 application. Pursuant to the June 21,2000 application,the NCDOT is
authorized to use a large suction machine to effectively vacuum the marsh spoil resultant from jetting
activities. Also,pursuant to the June 21,2000 application,the date of expiration for the original 401 Water
Quality Certification,and all subsequent modifications, is extended to December 31,2002. It should be
noted the modification is applicable only to the additional proposed activities. All the authorized activities
and conditions of certification associated with the original Water Quality Certification dated May 26, 1996
and all other corresponding modifications still apply. In addition,the Department of Transportation is
authorized to allow leave 600 feet of the existing bridge in place,as described in the permit application
dated March 3,2000. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated May 26, 1996 still apply.
The application provides adequate assurance that the discharge of fill material into the proposed wetlands in
conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will
not violate the applicable portions of Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,as described in
the Public Notice. Should your project change,you are required to notify the DWQ and submit a new
application. If the property is sold,the new owner must be given a copy of this Certification and approval
letter,and is thereby responsible for complying with all the conditions. If total wetland fills for this project
(now or in the future exceed one acre.compensatory mitigation may be required as described in 15A NCAC
2H .0506(h)(6) and(7). For this approval to remain valid,you are required to comply with all the
conditions listed below. In addition,you should obtain all other federal,state or local permits before
proceeding with your project including(but not limited to)Sediment and Erosion control,Coastal
Stormwater,Non-discharge and Water Supply watershed regulations.
Condition(s)of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals. Either the"North Carolina Sediment and Erosion Control
Planning and Design Manual"or the "North Carolina Surface Mining Manual"(available from the
Division of Land Resources in the DEHNR Regional or Central Offices). The control practices
shall be utilized to prevent exceedances of the appropriate turbidity water quality standard(50
NTUs in all fresh water streams and rivers not designated as trout waters;25 NTUs in all lakes
and reservoirs,and all saltwater classes;and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream,compensatory mitigation will be required since it is
a direct impact from road construction activities;

5. No additional compensatory mitigation shall be done in accordance with this modification.
6. All other conditions written into previous Water Quality Certifications for this project still apply.
Violations of any condition herein set forth shall result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification
shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty(60)days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter�150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings,P.O. Box 27447,Raleigh,N.C. 276 1 1-7447. If modifications are made to an
original Certification,you have the right to an adjudicatory hearing on the modifications upon written
request within sixty(60)days following receipt of the Certification. Unless such demands are made,this
Certification shall be final and binding.
This the 4th day of April 2000
DIVISION OF WATER QUALITY
Kerr T. Stevens
Modification to WQC No.3167
•
•
c:\ncdot\R-2551\wgc\WQC modification 072600 modification.doc

r NORTH CAROLINA DEPARTMENT OF
• • ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
R RECEt. IVED
i j ¢j
} AUG 0 8 2000
1'R'
.'. COASTAL mAttir,
MEMORANDUM: I y
-: L HOLMAN
TO: Doug Huggett, Major Permits Coordinator 1 g�
1 `'" CRETARY
44.
THROUGH: Ted Sampson, District Manager
-1i .j Ft
y ' t +; 44r� , FROM: Frank A. Jennings, III, Coastal Representative
` ' ` �, , ' SUBJECT: CAMA Major Permit #7-98, NCDOT Croatan Sound Bridge, Modification
.v I Request
m► DATE: August 1, 2000
,.'F yam SAr I
S � 1.f' �� The North Carolina Department of Transporation has submitted a modification
Pe 6 Vil
request for CAMA Major Permit #7-98, Croatan Sound Bridge, Dare County issued to
Ili "16�; NCDOT on January 20, 1998 with a December 31, 2000 expiration date. The Department
requests that the existing permit be modified to allow the utilization of a vacuum method to
tit'',
' remove spoil material associated with jetting operations at the new bridge over the Croatan
Sound. A copy of the modification request is forwarded as an enclosure. The request
1 includes check #6507 for $50.00. It is recommended that the modificaiton request be
approved with all current conditions to remain in effect.
A d S. ,. Enclosures
...----A....-. cc: Charles S. Jones, Assistant Director
- - -_ Mike Bell, USACOE
`"` File
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FiIsr
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1�, ,41, 'n ..
- ELIZABETH CITY REGIONAL OFFICE
1367 US 17 SOUTH, ELIZABETH CITY, NC 27909
4, PHONE: [phone] FAX: [phone]
k AN. "°' AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50q RECYCLED / 10q POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]