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HomeMy WebLinkAboutNCDOT 31-09 SR 1229 Little Alligator River I 0i Permit Class Permit Number NEW 31-09 • STATE OF NORTH CAROLINA Department of Environment and Natural Resources • and • Coastal Resources Commission it trmtt 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 N.C. Department of Transportation, 118 Airport Drive,Edenton, NC 27932 Authorizing development in Tyrrell County at Little Alligator River Barge Facility on SR 1229 , as requested in the permittee's application dated 1/28/09, including the attached workplan drawings (61: 4 dated 1/6/09; 1 dated 1/14/09; and 1 dated 9/22/08. This permit, issued on 3/19/09 , 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. 1) No excavation shall occur within waters or wetlands of the State without permit modification. 2) No temporary impacts to wetlands or waters of the State are authorized by this permit without prior approval from the Division. 3) The temporary placement and double handling of any fill material within waters or vegetated wetlands is not authorized. This condition also applies to the removal of the existing barge loading dock, loading ramp and pilings and associated materials. 4) All fill material shall be clean and free of any pollutants except in trace quantities. 5) All fill material shall be obtained from an upland source, except for that to be used at the on-site wetland restoration area. (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 cab., 1/71 jai personnel when the project is inspected for compliance. James H. Gregson, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2012 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 N.C. Department of Transportation Permit#31-09 Page 2 of 6 ADDITIONAL CONDITIONS 6) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill areas as indicated on the attached workplan drawings, without permit modification. 7) Construction staging areas shall be located only in upland areas, and not in wetlands or Waters of the State. 8) All materials and debris associated with the removal and/or construction of the existing and/or new piers, loading dock, ramp, pile clusters, bulkhead and related structures as authorized by the permit and associated materials shall not enter wetlands or Waters of the State, even temporarily. Any such material shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. Piers, Loading Dock, Ramp and Pile Clusters 9) This permit authorizes a maximum of 4 formalized boat slips. 10) The final proposed location of the dolphin pile clusters shall be submitted to the Division of Coastal Management (DCM) for approval prior to installation. 11) Live concrete, including any concrete used to cap off the piles, shall not be allowed to contact the water in or entering into the Little Alligator River, or the adjacent wetlands. 12) The existing pilings that are removed shall be removed in their entirety, except that in the event that a piling breaks during removal and cannot be removed in its entirety, the piling may be cut off below the mud line approximately three to four inches, allowing the piles to be covered with natural material to the mud line, and DCM shall be notified of each occurrence within one working day. 13) Sunken work barges shall not be used without permit modification. 14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 15) This permit authorizes only the piers, loading dock,ramp, pile clusters and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and shown on the attached workplan drawings. No other structure, whether floating or stationary, may become a permanent part of this project without additional authorization from the Division. No non- water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 16) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. ofro, ma t` T,,,f, 21 N.C. Department of Transportation Permit#31-09 1 Page 3 of 6 ADDITIONAL CONDITIONS Bulkhead • 17) Prior to the initiation of construction, the permittee shall stake the northern property boundary in the vicinity of the authorized bulkhead. 18) The authorized alignment of the proposed bulkhead shall be staked by a representative of DCM within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days of the alignment being marked, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 19) The bulkhead shall not extend waterward more than 10 feet from the normal water level at any point along its alignment at the time of construction. . 20) No backfill material shall be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 21) The bulkhead and filter fabric shall be in place prior to the placement of any backfill. 22) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. No unconfined backfill shall be discharged into public trust waters. 23) The bulkhead shall be structurally tight so as to prevent seepage of fill materials through the structure. 24) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by the Division. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. Impacts to Wetlands and Waters of the State and Mitigation NOTE: This project will permanently impact approximately 218 square feet of Coastal Wetlands due to fill. This project will permanently impact approximately 652 square feet of surface waters due to fill behind the bulkhead and will permanently impact approximately 648 square feet of surface waters due to fill associated with the footprint of the 17 pile clusters. 25) In accordance with requirements of the U.S. Army Corps of Engineers, compensatory mitigation for the unavoidable impacts to 0.0099 acres of coastal marsh wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP), as outlined in the letter dated October 7, 2008, from William D. Gilmore,EEP Director. Pursuant to the EEP Memorandum of Agreement (MOA) between the State of North Carolina and the U.S. Army Corps of Engineers signed on July 22, 2003, the EEP will provide 0.018 acres of restoration equivalent coastal marsh wetlands in the Pasquotank River Basin (Hydrologic Cataloguing Unit 03020106) in accordance with Section X of the Amendment No. 2 to the MOA. For wetlands, a minimum of 1:1 (impact to mitigation)must be in the form of wetland restoration. The NCDOT shall, within 30 days of the issue date of this permit, certify that sufficient funds have been provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MOA. • N.C. Department of Transportation Permit#31-09 Page 4 of 6 ADDITIONAL CONDITIONS 26) Compensatory mitigation for permanent impacts to 218 square feet of Coastal Wetlands as defined by 15A NCAC 07H .0205 shall be implemented and shall include a minimum of 1:1 restoration of Coastal Wetlands as defined by 15A NCAC 07H .0205. The mitigation shall be in-kind, i.e. the targeted species composition of the restored wetlands shall approximate the species composition of the impacted wetlands. The mitigation shall be implemented and in place within 3 years of the issuance of this permit. NOTE: The removal of existing fill material should result in the restoration of approximately 175 square feet of Coastal Wetlands. 27) The permittee shall ensure the removal of all unsuitable fill material within the wetland restoration area, and shall fill any void left by the removal of this unsuitable material with suitable wetland substrate to the same approximate elevation as the adjacent Coastal Wetlands. • 28) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 29) The permittee shall plant the wetland restoration area with Coastal Wetland vegetation determined to be acceptable by the Division. • 30) Within 30 days of project completion, the permittee shall provide verification to DCM that the wetland restoration area has been restored to the approximate elevation of the adjacent Coastal Wetlands. Sedimentation and Erosion Control 31) Turbidity curtains and silt fences shall be used to isolate all work areas from the Little Alligator River, including pile installation and removal, excavation, filling and wetland restoration. The turbidity • curtains shall be installed parallel to the banks. The turbidity curtains shall extend past the construction • limits and be attached to the silt fences containing the work site. The turbidity curtains shall be of • sufficient length and effectiveness to prevent a visible increase in the amount of suspended sediments in adjacent waters. The turbidity curtains shall be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 32) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence, diversion swales or berms, etc.). 33) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of Land Resources. 34) The permittee shall follow "Best Management Practices for the Protection of Surface Waters". N.C. Department of Transportation Permit #31-09 Page 5 of 6 ADDITIONAL CONDITIONS 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of • suspended sediments in adjacent waters. • Stormwater Management 36) The N.C. Division of Water Quality (DWQ) reviewed this project for the applicability of the Stormwater Management rules and determined that the development activity, as proposed at this site, is not subject • • to the stormwater requirements as provided for in 15A NCAC 2H .1000. If at any time in the future, • development of any part of this site is planned or if proposed activities differ in any manner from what is shown on the plans on file with DWQ, the permittee shall submit the project to DWQ and DCM for review and additional authorization from DWQ and/or DCM may be required. • General 37) The authorized project is located within an inland primary nursery area (PNA). Therefore, in • accordance with T15A:07H.0208 of the rules of the Coastal Resources Commission,no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire • existence of the permitted structure. 38) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work following completion of construction activities. 39) During construction, the permittee shall make every attempt to maintain the same navigation that is • currently possible in the Little Alligator River. If this is not possible, then adequate notice shall be provided to the public that navigation will be limited during construction. The notice shall include an estimate of the amount of time that the limited navigation will occur. 40) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste from entering the adjacent waters and wetlands. 41) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 42) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division. 43) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department of Transportation and/or its Right-of-Ways and/or easements. 44) The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in Elizabeth City to request a preconstruction conference prior to project initiation. �t.{� d4Wa`0-0-0-0-0+'04JA`-0O{VPi44``0-0-0-0-0�P?4}CNJ?4?v`-0-0?' "4 ti N.C. Department of Transportation Permit#31-09 Page 6 of 6 • ADDITIONAL CONDITIONS 45) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 2/6/09 (DWQ Project • No. 20081370 v.2) under General Water Quality Certification No. 3642. Any violation of the Certification approved by DWQ shall be considered a violation of this CAMA permit. • NOTE: Contractors should be aware of utilities during entrance and egress from the project area to avoid damage with heavy equipment and materials delivery. Please contact the Tyrrell County Water Department to confirm locations, if in doubt. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. SAW- 2008-002461. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. • of,II"'I ', MAR 9 ?009 ,0\:3.70,.. ii.,3,' . vi 3 .� �. M©r@Fiw u City pCM STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY E.PURDUE ,-, GENE CONTI GOVERNOR '� I SECRETARY ‘ ; , - January 28,2009 V C Jim Hoadley FEB 0 3 2009 1)367 U.S. 17 South ivision of Coastal Management JI V Or- Vic,;:,STgI Iv Elizabeth City,NC 27909 n/4LE;GH NAGEMENT Dear Mr.Hoadley, This letter is a revised request for the issuance of a Division of Coastal Management Major Permit for authorization to rebuild and improve an existing barge docking and loading facility on the Little Alligator River in Tyrrell County.This improved facility will provide a docking location and loading ramp for the Bridge Maintenance Department.This docking facility will provide dockage for 3 work barges and 1 tug boat.The plans include a schematic of the barge and tug dock layout.Bridge maintenance equipment and materials that will be loaded and unloaded at the site typically will include,concrete or wood piles,steel I- beams and sheeting,replacement bents,pumps and crane.This facility is needed to provide dockage for barges and a tug boat that are critical in maintaining bridge infrastructure,which helps insure the safety of the traveling public. The existing docking facility consist of a gravel parking area,old loading dock(20 ft.X 40 ft.) built from treated wood and a loading ramp(20 ft.X 15 ft.)that is retained with steel sheeting.There are three existing pile clusters located water ward of the gravel boat ramp.There were three piers that were put on state property by individuals of the general public.These three piers were used by commercial fisherman.The piers have been removed to provide space for the proposed docking facility.The users of the piers were contacted and notified of the proposed project. The(20 ft.X 40 ft.)barge loading dock, loading ramp and one of the pile clusters will also be removed.These are labeled on the plan sheets. The proposed facility will stabilize 145 feet of the shoreline with steel sheeting and raise the grade approximately 4-5 ft.with backfill to create a loading ramp. The ramp area will provide a travel way for the crane to safely walk onto the barge and transport materials from trucks to the barge.The steel sheet bulkhead is being placed an average distance of 10 ft.water ward of the normal waterline for a distance of 60 ft.This is being done in an effort to minimize encroachment of the barge loading ramp into the gravel parking lot area;which has historically been used by the public for launching boats.NCDOT wants to continue to provide access to the public for boat launching.With the placement of the steel sheet bulkhead 10 ft.water ward of the NWL and extending the fast barge loading bay 10 ft.water ward of the bulkhead, NCDOT has avoided the original plan of dredging 123 cubic yards of bottom material.By extending the first docking bay approximately 10 ft.further out from the steel bulkhead,NCDOT is able to attain adequate depth to float the loaded barge and avoid the dredging.Through an additional minimization effort and incorporating guidance from regulatory agencies NCDOT has reduced the amount of surface water fill and wetland impact by realigning the steel bulkhead placement.The new alignment reduces the length of sheet pile placed water ward of the NWL from 145 ft.to 60 ft.as depicted on the revised plan sheets dated 01/06/09.This will reduce the amount of surface water impact from 1598 sq.ft.to 652 sq.ft.and the amount of fringe coastal wetland impact from 435 sq.ft to 218 sq.ft.By realigning the sheet pile an opportunity is created to restore 175 sq.ft.of fringe area that is currently fill and maintained area.This area will be graded down to match adjacent wetland elevation and allowed to revegetate with native wetland 113 Airport Dr.,Suite 100,Edenton,NC 27932—Phone: (252)482-7977 Fax: (252)482-8722 plants.The net loss of wetlands on-site results is approximately 41 sq.ft.This area is depicted on the revised plan sheets. During the backfill operation behind the sheet pile,there will be a small impact to a fringe coastal wetland,which was mentioned in the previous paragraph.The fringe wetland consists primarily of cattails and a few saw grass plants growing along the waterline.The fringe coastal wetland impact totals 218 sq. ft. Avoidance of the wetland was considered.It was determined that avoidance would result in a larger impact to the gravel parking area/boat launch site,hindering public access.This is because the barge loading ramp will need a safe grade for the crane to travel up and load or unload materials onto the barge.In addition to reducing impact to public water access,the barge loading operation is limited by crane boom reach and weight of the lifted load.In order for a safe loading operation to occur the crane needs to be able to reach the barge without extending beyond a 25-35 ft.reach with a full load.Any reach beyond this doesn't adhere to crane safety standards and puts bridge crew workers in danger.With the sheet pile alignment at 10 ft. beyond the NWL the crane can safely load the barge.The current loading dock design was based on; rebuilding an existing barge loading facility that would be functional and safe,while trying to preserve the historical use of the public for water access and reducing impacts to surface waters and wetlands. NCDOT has obtained confirmation from the Ecosystem Enhancement Program to provide mitigation for the 435.52 sq.ft.of coastal wetland impacts that was proposed in the original application. An acceptance letter is included with this letter. The proposed docking pier will extend 130 ft.in length from the NWL and 6 ft.in width. It will have 3 fmger piers that will be 6-8 ft.in length and 6 ft. in width.The main pier and fmger piers will be elevated 4-5 ft. above the NWL.There are 17 dolphin pile clusters proposed,which will be positioned as shown on the provided work plat.All piles associated with the pier and pile clusters will be driven using a vibratory hammer.All building material will be salt treated wood,except for the steel sheet pile bulkhead. There is also a pier being proposed that will be for the public boat launch use.It will be placed adjacent to the boat ramp and extend 24 ft. from the parking lot,approximately 18 ft.will be beyond the NWL.This pier will be 4 ft. in width.All of the proposed work will be scheduled to take place during'the fall and winter months to avoid any impact on fish spawning. The bottom in this area is very mucky,with some sandy material directly adjacent to the shoreline. This area has been used as a docking and loading facility for barges for many years and has likely been dredged in the past.The mucky substrate could be attributed to siltation of previous dredging and heavy detritus material contributed by the Little Alligator's runoff from the surrounding swamp system.This area was surveyed for Submerged Aquatic Vegetation and none was found within the project area.The water in this area is generally fresh water and does not support shellfish. The location maps,photographs,notices to adjacent landowners,revised MP-1,MP-2,MP-5 forms and permit drawings are included with this request letter.The WBS element number for this permit is 1 SP.10891.4. If any additional information is needed or you have questions about the provided information,please contact Clay Willis at 252-482-7977. Sincerely, Jerry Jennings,P.E. Division Engineer,Division One Clay Willis 141.2 �1I1/I& Environmental Officer,Division One CC:Bill Biddlecome,USACOE Garcy Ward,DWQ Sonia Gregory,DWQ Cathy Brittingham,NCDCM Sara Winslow,NCDMF Travis Wilson,NCWRC John Abel,NCDOT Sterling Baker,NCDOT 113 Airport Dr., Suite 100,Edenton,NC 27932—Phone: (252)482-7977 Fax: (252)482-8722 1 , DCM MP-1 APPLICATION for i.!:"11-11 Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Ncdot Division One Bridge Maintenance Dock Facility Applicant 1: First Name MI Last Name Clay Willis Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 118 Airport Drive Edenton N.C. ZIP Country Phone No. FAX No. 27932 USA 252-482-7977 ext.221 252-482-8722 Street Address(if different from above) City State ZIP Email tcwillis@ncdot.gov • 2. Agent/Contractor Information Business Name Agent/Contractor 1: First Name MI Last Name Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 . Phone No. 2 - - ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email qn ate <Form continues on back> \ 'f , FEB 0 3 2009 DIV. OF COASTAL MANAGEMENT RALEIGH 252-808-2808 .. 1-86 -414COAST :: www.riccoastaimanagemetit.net t' f:orm,DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Tyrrell approximately 1000 ft. east of SR 1221 at Little Alligator Bridge SR 1229(Old US 64) Subdivision Name City State Zip Phone No. Lot No.(s) (if many,attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Little Alligator River c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ['Manmade ['Unknown Alligator River,Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ['Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 500 feet 37500 Sq ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) 2 ft. ❑NHW or®NWL e. Vegetation on tract Primarily a gravel lot with some vegetation along the shoreline,which includes cattails, sedges,saw grass, lizard tail,juncus sp. and fescue grass around the parking lot edge. f. Man-made features and uses now on tract Gravel parking lot,gravel boat ramp, loading dock,three pile cluster dolphins,two piers/boat docks.This site has been used for docking and loading of barges since the 1970's. It is also used for public boat launches, however it is not an official NCWRC public boat ramp.This site also has a few commercial fisherman that tie their boats to a couple of existing piers. g. Identify and describe the existing land uses adjacent to the proposed project site. The adjacent landuse is primarily forested swamp.There is one residential home located about 700 feet across the waterbody on the other shoreline. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? no zoning (Attach zoning compliance certificate, if applicable) ID Yes ['No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes ®No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes ®No DNA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? EYes [No (ii)Are there coastal wetlands on the site? ®Yes No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? ®Yes ❑No (Attach documentation,if available) 252-808-2808 1-888-4RCOAST www.nccaastaImanageaent.net i Eorm_DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. There are no wastewater treatment facilities located on this property. o. Describe existing drinking water supply source. • There is no drinking water supply. p. Describe existing storm water management or treatment systems. Stormwater currently sheetflows of the lot into the adjacent waterbody and woodland. 5. Activities and Impacts • a. Will the project be for commercial,public,or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. The purpose of this project is to update a barge docking facility that will be used to dock NCDOT bridge maintenance work barges and tugboat as depicted on the provided drawing.This dock will provide a location to load and unload equipment and materials onto the barges from land.These barges are used on bridge maintenance projects that keep bridges safe for the traveling public. c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. Steel sheetpile and salt treated wood piles will be driven using a vibratory hammer and crane.The ramped gravel area behind the bulkhead will be filled with sand and gravel using front end loaders and dumptrucks.A motorgrader and bulldozer will likely be used to build the correct slope and final grade of gravel loading ramp and parking lot.This equipment will be stored on the gravel parking area and the adjacent grassed shoulder area. d. List all development activities you propose. This project will involve the installation of a steel sheetpile bulkhead along 145 ft.of shoreline.The proposed bulkhead is being placed an average distance of 10 ft.waterward of the normal water level for a distance of 60 ft.,which will result in 652 sq.ft. of surface water fill below the NWL and 218 sq.ft. of wetland impact.This bulkhead and fill area will create a gravel ramped area that will accommodate the loading and unloading of the barge with a crane and other bridge maintenance materials.The bulkhead is being placed waterward of the normal waterline in an effort to reduce the amount of impact on the adjacent public water access and provide a safe design for barge loading and unloading operations. In order to accommodate a loaded barge,a depth of 4-6 ft. is needed.The 1st loading slip has been placed 10 ft.waterward of the sheet pile bulkhead, which will place the slip in adequate depth.There are no SAV's or Oyster beds within the project area. Due to the history of this site being used as a barge/docking facility, it is highly likely this area has been previously dredged and the current substrate is the result of years of siltation.This project also proposes the installation of 17 pile clusters to moor the barges and tug,which will result in approximately 648 sq.ft.of surface water fill.There are three existing pile clusters,which one will be removed.The proposed barge access dock will be 130 ft.in length(from NWL)by 6 ft. in width. It will have three small finger piers that will be 6-8 ft. by 6 ft.There will also be a pier/dock built by the boat ramp for public use, which will be 24 ft. long by 4 ft.wide. e. Are the proposed activities maintenance of an existing project,new work,or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 0.344 ❑Sq.Ft or®Acres g. Will the proposed project encroach on any public easement,public accessway or other area ['Yes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing discharges consist of surface runoff from the gravel parking lot.The proposed work will add approximately 700 sq.ft. of gravel surface area. i. Will wastewater or stormwater be discharged into a wetland? ['Yes ®No DNA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is there any mitigation proposed? ®Yes ❑No DNA If yes,attach a mitigation proposal. <Form continues on back> 252-808-2808 :. 1-888-4RCOAST www.nccoastalmanagement.net ormDCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1)the following items below,if applicable, must be submitted in order for the application package to be complete. Items(a)—(t)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps, plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Charles W.Teseneer Phone No. Address 387 Airport Road Statesville,N.C.28677 Name J.J.Haggerty,C.W.Haggerty and James A.Haggerty Phone No. Address 524 South Howell Street Rocky Mount,N.C.27804 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. None h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 252-808-2808 1-888- RC AST www,nccaastaimanagement.net • Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit I further certify that the information provided in this application is truthful to the best of my knowledge. Date Z028/09 Print Name &'/a! ///l) Signature 4,14-; Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information • • 252-808-2808 1-888-4RCOAST .. www.nccoastalmanagemeret.net t • Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length Width Avg. Existing NA NA Depth Final Project NA NA Depth • 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW),submerged aquatic vegetation(SAV),shell bottom (SB), or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. • ❑CW ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ['No DNA ❑Yes ❑No DNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes ❑No DNA or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. (ii)If yes,how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION ['This section not applicable (If development is a wood groin, use MP-4—Structures) 252-808-2808 :: 1-888-4RCOAST :: ww.w nccaastalmanagernent.net revised: 12/26/06 Form DC 1! MP-2 (Excavation and Fill, Page 2 of 2) a. Type of shoreline stabilization: b. Length: 145 ft. ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 2 inch thick steel sheet pile c. Average distance waterward of NHW or NWL: 10 ft. d. Maximum distance waterward of NHW or NWL: 10 ft. e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Steel Sheet Pile months? DYes ®No DNA (ii)If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 652.82 sa.ft Riprap sand and gravel Breakwater/Sill Other i. Source of fill material. ncdot maintenance yard 4. OTHER FILL ACTIVITIES ['This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water None other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (iii)Dimensions of fill area 120 x 50 ®CW 218.52 ❑SAV ❑SB (iv)Purpose of fill OWL :None create a loading dock for barge (ii)Describe the purpose of the fill ih these areas: Create a loading dock for barge. This wetland is labeled as AA on sheet 1 in the permit drawings and will be filled during the backfilling behind the steel sheet pile. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Using NCDOT Best Management Practices for Erosion and Crane,Excavator,dump trucks,bull dozer,front end loader Sediment Control.A turbidity curtain will be installed around the shoreline work area. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project Dyes ®No DNA site? ['Yes ONo DNA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. _rJ// Applicant Name e�ky MY45 Date i! ( at?ay.&) Applicant Signature Project Name 252-808-2808:: 1-888-4RCOAST s www,nccaastalmanagement,net revised: 12.126 .)6 • � r • Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ❑Commercial ®Public/Government ❑Private/Community Oyes ®No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ❑No (ii)Number 2 If yes: (iii)Length 1 130' , 1 24' (ii)Number 3 (iv)Width 6 ft. and 4 ft. (iii)Length 6-8 ft. (v)Floating ❑Yes ZNo (iv)Width 6 ft. (v)Floating ❑Yes No e. (i) Are Platforms included? Oyes ZNo f. (i) Are Boatlifts included? ❑Yes ZNo If yes: If yes: (ii)Number (ii)Number (iii)Length (iii)Length (iv)Width (iv)Width (v)Floating Oyes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service,including travel lift and/or rail,repair or maintenance service (ii)Number of slips existing ❑ Dockage,fuel,and marine supplies None ® Dockage("wet slips")only,number of slips: 3 ❑ Dry storage;number of boats: ❑ Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel NCDOT bridge maintenance barges and tugboat ®Open water;no dredging required ®Other;please describe: Open water;existing docking facility located in a bay on the Little Alligator River k. Typical boat length: 45 ft.tug and 125 ft. barge and 80 ft. I. (i)Will the facility be open to the general public? barge ❑Yes No m. (i)Will the facility have tie pilings? ®Yes ❑No (ii)If yes number of tie pilings? 17 pile clusters 2. DOCKING FACILITY/MARINA OPERATIONS ['This section not applicable 252-808-28 8 :: 1•B88-4RCOAST www.nccoastaimanagementnet revised: i2i27/O6 • Fowl DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑Toilets for patrons;Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste,fish offal and trash. None d. How will overboard discharge of sewage from boats be controlled? This facility will not be docking boats requiring overboard discharge e. (i)Give the location and number of"No Sewage Discharge"signs proposed. Not applicable (ii)Give the location and number of"Pumpout Available"signs proposed. None f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. Not applicable,these types of materials will not be stored at this site. g. Where will residue from vessel maintenance be disposed of? Not applicable, any maintenance on the barges and tug is undertaken at the Manns Harbor Shipyard in Dare County h. Give the number of channel markers and"No Wake"signs proposed. None i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. There will be no fuel-handling facility at this dock. j. What will be the marina policy on overnight and live-aboard dockage? Not applicable k. Describe design measures that promote boat basin flushing? Not applicable I. If this project is an expansion of an existing marina,what types of services are currently provided? The current facility has an existing dock that is 20 X 40 feet,with an adjacent loading ramp.There are three existing dolphin clusters.The dock provides mooring for one barge. m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ®CW 218.52 ❑SAV ❑SB OWL [None 252-808-2808 :: 1-888-4RCOAST:www.ncccastatrnafyagement,net revised: 12 27/06 • Frni fCM MP-4 (Structures, Page 3 of 4) p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ['Yes No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ['Commercial El Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS El This section not applicable a. Is the structure(s): b. Number 17 ['Commercial NPublic/Government ['Private/Community c. Distance to be placed beyond shoreline varies from 20 ft.to d. Description of buoy(color, inscription,size,anchor, etc.) 160 ft. No buoy are proposed Note: This should be measured from marsh edge,if present. e. Arc of the swing displayed on sheet 4 of 4 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 20 feet No adjacent docking structures Note: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 450 feet 6 to 8 feet e. (i) Will navigational aids be required as a result of the project? ['Yes No DNA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ®This section not applicable 252-808-2808 :: 1-886-4RCOAST:: vwv_w.nccoastaimanagement.net revised: 12/27106 For„rn DCM NIP-4 (Structures, Page 4 of 4) I \ a. Give complete description: /ie/C, Date Project Name Applicant Name ;2r KJ:e Applicant Signature 252-808-2808:: 1-888-4RCOAST vvww.tIccoasta!marylgementnet revised: 12/27,06 Ecosystem PROGRAM October 7, 2008 Mr. Bill Biddlecome U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington,North Carolina 27889-1000 Dear Mr. Biddlecome: Subject: EEP Mitigation Acceptance Letter: Division 1 Project—Re-Build an Existing Barge Docking Facility on the Little Alligator River, Tyrrell County; Pasquotank River Basin (Cataloging Unit 03020106);Northern Outer Coastal Plain Eco-Region;NCDOT WBS Element Number 1 SP.10891.4 The purpose of this letter is to notify you that the Ecosystem Enhancement • Program (EEP) will provide the coastal marsh mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request dated July 30, 2008, coastal marsh mitigation from EEP is required for approximately 0.0099 acre of coastal marsh impact. Coastal marsh mitigation associated with this project will be provided in accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MOA). EEP commits to implement sufficient coastal marsh mitigation up to 0.018 coastal marsh credits to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. NCDENR North Ca olina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 % 9;9-715-0476 / www.nceep.net "rip Ecosystem PROGRAM March 18, 2008 Mr. Jerry Jennings, P.E. Acting Division One Engineer Division One Office • North Carolina Department of Transportation 113 Airport Drive, Suite 100 Edenton,North Carolina 27932 Dear Mr. Jennings: Subject: EEP Mitigation Acceptance Letter: Re-build an Existing Barge Docking Facility on the Little Alligator River, Tyrrell County; WBS Element# 1SP.10891.4 The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the coastal marsh mitigation for the subject project. Based on the information supplied by you on October 2, 2008,the impacts are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain(NOCP) Eco-Region, and are as follows: Coastal Marsh: 0.0099 acre EEP commits to implementing sufficient coastal marsh mitigation credits to offset the impacts associated with this project by the end of the MOA Year in which this project is permitted, in accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Cente,, Raleigh, NC 27699-1652 919-715-0476 / www.nceep.net i_ ADJACENT RIPARIAN LANDOWNER STATEMENT CONSENT TO CROSS RIPARIAN LINE Tyrrell County: Barge Dock Facility on Little Alligator River I, �, SG Ali'' an adjacent riparian property owner and am aware of the rth Carolina Department of Transportation's plans for improvements to the Little Alligator River Barge Dock facility in Tyrrell County. I am further aware that this work will install a pier and docking facility that will cross my"Riparian Line" as shown on the provided plans dated 9/25/08. I have no objection and give my consent for the proposed development to take place within my riparian corridor. p I have objections to the project as presently proposed and my comments are attached. ar:;:f4Z-4/ tIttv. Signature of Adjacent Landowner Date: /0 -i‘ -0 g ■ ` $IE1QEVI:: M VETE7Y IfSSEC3iE)6tli earer FET ` HFS3Sr CrlarwerwEkEMEffil6, i,, 4 A Complete items 1,2,and 3.Also complete '. S'.na)pre item 4 if Restricted Delivery is desired. / j 0 Agent 1 Print your name and address on the reverse -„ / -�� • ,,,,;,, ,�% 'H--Addressee so that we can return the card to you. Received by Attach this card to the back of the mailpiece, Orfnted Name) , C.pats of Delivrry or on the front if space permits. / (�',r° j !�, » C. -- 1. Article Addressed to: D. Is delivery address different from item 1?---.1. Yes If YES,enter deliv ddres below: Charles W. Teseneer tJ4 -// 387 Airport Road �� , .V 7 Statesville, NC 28677 ,. 3. Service Type 'Certified Mail 0 Express Mail 0 Registered i]Return Receipt for Merchandise Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2510 0001 6066 2552 (Transfer from service label) m........... ..___...._._._-. W. _,_. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i UNITED STATES POSTA.C.SRVICA...Y. l's:“2 ;"::0'If.' \.,3S 1:'1,‘-`!;.-.;• Of i irOgIVSsa.flaA 'f:' 7 ,P{ostage&Fees Pal -._ .., l'errnit N'6'G-10 • Sender: Please print your name, address, and ZIP+4 in this box NC DEPT OF TRANSPORTATiOI\, FFE 113 AIRPORT DIVISION DRIOVE,SUITE 10f EDENTON,NC 27932 COURIFR- 10-51-02 i f r`\A,\i 1 # 11 'iR } i i!t7+ ;iiitt,, it i tI3i illil 1 n a s #k ij:.., • .„,.. ...„.,7,",...-,•Z: : '.... :•:::-.'7,',, ......y7,....',...',.,2:';%,7;7:::::•:.• :*,'-'.'' : ':- '-: '',,''''.1,--.,' '":'..•:.- :'•:-'''. .77,:--;''''.',.......,:..".:-.",;'4..;;:.?-'1':;:':::..!t''.1•.:4,,:`,...,,,,,,::'•::';`,',.',..?",:.7.7:".,.f,,,,'''1%,Z..1....,:i,"i•rt. ...,-,4,a,4...t ;, yh. isR ;%3 n A k, PLAN VIEW \ ,iQA TO ( EXISTING ) LEGEND c ' 121d Ix1 ,11 21 Er = COASTAL WETLANDS �;5 - ,, ^ 12 22r PROJ CT NOTES: (' - COLUMBA EXIST. DOLPHINS PUP.A3a AREA "AA" HAS 435.52 SQ. FT. OF COASTAL WETLANDS I N. +. „29 AREA "BB" HAS 5.57 SQ. FT. OF COASTAL WETLANDS EXIST, BARD (� TO BE REMOV5 K I `� EXIST. DOLPHINS '� ' , AREA "CC" HAS 926.81 SQ. FT. OF COASTAL WETLANDS I L I EXIST DOLPHINS _ . TO BE REMOVED4:11 f� wlank, Wqr f „mod . a4u + 0 ,_ .1-11 73 CI `: 1 FR cF J I,.r e I / VFW '. a:. �. ` .sue, Eli al U '�s I I / �I VICINITY MAP �. % . c Z /\ x.t•�%' /TO BE REMOI✓/D / 9 I' \\ N U •v fC I / .�-.�� • Z �, , o rrn \N o \`\,A,. \ /,et�/ '1 _ I N O 4w / I ':—1 N ...,.9 Xa `, ' \ -�/G� EXISTING PIER I / *,.t 0 / L ITO BE REMOVE1 z / J / r / I o N ., , ••: �ti TO BE REMOVED �+r S�+ �' ... 7.4.,..5,4,.;#.4),,,-," I State Hwy & Public Works CommI I• ..„,• §27!":1.. " ) Hwy64 / I Columbia, N.C. 27925 �' = / / : TtY J. Haggerty, C. W. Hagge and James A. Haggerty • ..s.4.,�" I N I South Howell St. wows' `� \ GI I I Rocky Mount, N.C.27804 0o • iron o S �G�kF< < `\ I ~ /REVISED 1/06/09 7. I I �.\'' NORTH CAROLINA DEPARTMENT OF TRANSPORTATION �. _ �� ��� DIVISION 1 �� 113 AIRPORT DR. Teseneer Charles W. ` \ EDENTON, NC 27932 (252) 482-7977 7 387 Airport Rd. Statesville,N.C. 28677 WOODS COUNTY: TYRRELL WBS#: N/A QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 \ \ BASIN:PASQUOTANK SHEET#: 1 OF 6 SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS LAT. = 35.9461237 N ' LONG. = 76.1271106 W DRAWN BY:A.L. MULDER ' SCALE: 1" = 30' e ALL/GA7-0R CREEK DOLPHIN PLAN VIEW PROPOSED LOCATION TO BE DETERMINED IN THE FIELD ( PROPOSED ) APPR x. L CATION BY THE ENGINEER ROPOSED ALPHINS PPROX. LOCATION •• 67 Ci2)< PROPOSED DOLPHINS APPROX.LOCATION PROPOSED DOLPHINS W •�• •• APPRo LOCATION PROPOSED BULKHEAD 206' PROPOSED PIER PROPOS D DOLPHINS ( BULKHEAD WILL BE SHEET PILE ) 13 • '3 7 \ . 7 4.00' 1,A •• ` APPROX. LOCATION •• PROPOSED DOLPHINS a 2 RIAI OAO�t,�O .. • �,��. A cc,Q P,�tpQ' \183 S J�9•s •• •10.vO 1.- Cl'?-1.' O 14‘. J W a z LI PROPOSED 8' CHAIN LINK FENCE WITH 4' GATE State Hwy & Public Works Comm 1721 ` Hwy 64 Columbia, N.C. 27925 il I co \— 107 iRAI,li0 REVISED 1/06/09 ` Statesville, �� � _ — — — � — � NORTH CAROLINA DEPARTMENT OF TRANSPORTATION "' • `'�` DIVISION 1 �: 387 113 AIRPORT DR. •' • EDENTON, NC 27932 (252) 482-7977 ITeseneer Charles W. wO00S o. Airport Rd. COUNTY: TYRRELL WBS#: N/A Statesville, N.C. 28677 QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 BASIN: PASQUOTANK SHEET#: 2 OF 6 \ SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS LAT. = 35.9461237 N I LONG. = 76 1271106 W DRAWN BY:A.L. MULDER ' SCALE: 1" = 30' • "thillimi • . ' ., • . . , . . . IP . • . . .. •• •.. •ie. . * • • . * !'''' )44p • ., . . ' . • . .., . ,._ 4. . . .:•''.' ' . 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MI .,.r4,*.' ..'.-•,.t.::.7*•4.0:•.-i N:.•.;'..•.•..•*•;.•..":,•:.•'.'.7'.;.•.':'-'.."h_•r':::.!'.....'..'it,I4Xt.•*:„";4td;'!,'r.....r 1e ' ti ....:.:".4.•'','.:`'.'.../.'..'..''_i.",,r,`:*'.rJ.0..:Ii"..17......*"•.•.•.•.*•V:.' ..:..."e:...*';...+•...,'.t.;',.:„1'114;4•,..1-;*.'L'^.%•''..:!•.7!.'.... .7.•;.1.:;:a;.%%;-.•.:'••;4';‘-.•:i c,.'i.,i•*..•*+•.,. Teseneer Charles W. -7).\ • •-.- • .-. • . -:,•• .. -"N••-••- . .1 -:'1 1,4...'.X.'*.C. ."'1,.... .L.:. ,..' 4"-A4"-,4:el f*....?,..,:•. -. 4 Ix 387 Airport Rd \ .7-.. .- • •• •.•- :••• •-• .• •.•: .;•• 1. •• .... •,; •:-..,- :.• ..........,-...••. • • • ,•,....•.•• ••:,•,.,:-..,-...• 4.-..e. .••1„4,4...s.,. ,*, . .'i ,.; - ,-;-.;:• . ," ., - '•"-• :•- ••• I •• •'••• --.: - ••••• :::';z'-"- :•-- ••••••'•!'• • • - ' ••• • • •••• •:• •• 6.:• `•'6'..'1:,.•.)..,,,,'•"•T•-••••:.'te., ;,--•.-'411s1.. ?'''..,,fr''-•!•"&1' :. Statesville, N.C. 28677 -• - -.. ..: , PROP..CM.LPHH.II ..3.• 2( \)" ••••••------. . :'...1-:,';:.,:,.''-:'L.,. : ••• I %:•• ''.' • '.;•C.Vt?'7%.•"..."....••. •. t ' '''P4 ;'•'." \ "."11\41.00. // •.• ,,..,,• •. '.••••e•.....^...."N•'. •-.. . • k. '-•:4,01-„•. , . ' ' -- - . - ••, , ..,. 'f.• 3, .•' bv.. .'.'. j ....., „,. \ 7....., \ FROPOVO DO.Ims ....640 . \ \ • •fr.'"• : ' ,, sot. • . .. B-• ' , ._. RIP ARIPM L i:t. . .r.f4...t.',Y'..•'''',c!'y 1'....: . ii:r.:"):...?:.• *- • ...-'.' •' ; f.oFt'FIN:r;`,. ''''r. .••••• '. ' 1 ,../. . •.,, . DO.140)11 I \ i'" /I '-:",...:i...." .:.'.'•'., : L''..TIM '.... .„ • \ 0 I. \ --'' .•; ••'.:'''.=r%.•,;.•:•••••.:*.-.7:-':n• : ' .. . • . „r‘..,iif ,:. y .' ::-•`•,.•...,„•7'.,..;•:'.,4..%'....:,•. 1 1 4 r ` • II • \ ''•• / ..„.... / !. ,PROIII•3100041.4.5 . . '• +AB ,..":-. ... .„, ..;• .17.'-'';-t- • ..:. . -t;•. - ...- •• . '''''' \II ROE •,"" .., / 1 1131,4:) I / ,• " /C.. \. . • ' • , t , . ... / \ . . ..„ .4.•.......•. 4 , 4-4 ;.,,4 •'01 1 r i•4:4, C. 4; • „. -4. / IrfUllgli..‹.___/ , .,.- . ' . not.I. . T a... • 1„... /...C i ' . • . /s- ,• --` ., . , 4-41-0.4-•' . •-•'J. -,,,,...-• / / = -0,--""7"''''' .r. . ' ' PROPODED DOLPHIN : "BrF \‘......../ • ......' ../ .1 --- A. ,,•,, ,. , :-.. MN TO BE DETERMINED IN THE FIELD / ..". ../ ,•'''. ;:. / •••••' 1 lq,„.•, r '. .1 BY THE ENGINEER /../ / \•/ \./r..//r.' c, . . 7:1,' / / .. -i,, .i• / / \ ....... ,'" "."•'•" PROPOSED FILL BELOW NWL I 1,\ -,---- --..._:, ,,,, ,r . , . . 9 .,,.._. ....n,_....„_1(.. ..r...''''''. •.''. '-....:".r •P.....\..,‘"'\I.',:',„••../1.1)...:ItPill:: ........;S.1)'. ::\ • t 8 5:'...2 82 S.q.:F t.') ‘1.._7 --'.- / j \ •,.. ,' ..-- k ....... .••. ,,\ / i •BY TO BE. 1.10,1: ' X \ \ //; ', ./...,/ • ifforkg% 5 / )k\ \ .. ,,,..„.....,/, i c \\ , \ ›/ I ,,,.k) ,,,,. r.0" vz,„ PROPOSED WETLAND FILL • & pubite - \ \ -• -"...„-1\ -.i , (218 52 Sq. Ft ) if ...... , re. I ".." / State niiI 64 -- \ , /V /ILO 25 ' ' \\ Lyi,/ i, # . N.C. 279 - , ..vi - t \ I , „-,k)„/ coturnbia- ' , :. ....0.:::-, . Ay .... / 1 EXISTING WETLANDS (223.29 Sq Ft ) ar. . . .4:,,......,,,„,, so ,....\ ,. 1 .., ._. , . • .. . _•. .. .... .. . . . . _ . .... IS D•plk . /r" I ' \ \ . . - .44 . ..., I 414,,..1.1 WETLAND RESTORATION ' ..-:. -, !.' I/ , '141ereor...,JO r ...PROPOSED PIER c i \.."‘„ / 1 \ ".. . . - - i',.' 11 Ai 11 V I/ (175,81 Sq•Ft. ) 20"sr ' • ....•\ A‘ 1 ) \ . ., . . . • , . . •,. , . .AI . I ' . ,•.-; . • ' • - - .'-' -..''''. ' '* ii /7'•:7---.-- ._ v. r. \ . . .., 1 t 5' ..., .'• ../ I / • \ . \ • I • - - - \ , - - -. '''''''' ' '' '.,-.•' ii ,...,...,. .,,,' ' .,.. . - EXIST....LPHINS ,-‘ ......' / •.- \ / ti .*7--..- - Prla -1---',1 \\ \ 0...AN '• '' - ' \ ., /l \ i'm ---__ \..." 1 \ ‘ \ • *'4.. .' • --___ \ \ ,1 \ \ , \ '"••51i'22/ -------------- ' * • '''''''-'''• '`' ''''' L',11410,0"- .• "- / / \ ) 'I \ .,,./ ..„ . . ................... "' :•('' . " '. e . _ _ k , „..... ‘ \.'' ' --' '. r•-•'.,•' --- • ..„ , . ,,. ------- ' ----,• 4 -,./. '_ _•- . . \ • -„ - . . , . I -, • ---, ' • ., \.-, • . -----.1-2."....--.--- ' ''.• .•- -- _ I NORTH CAROLINA DEPARTMENT OF TRANSPORTAT1014 • •.• - -________ .. ' DIVISION 1 - -....,_ .....___ . . . , _ ---a---- -----....---------/ . .• .. . - 113 AIRPORT DR. . . ' c---../... . ..• ,,. . . .., .. , --.... • : .- i ..C,',...•• ..,. 1- !. ' ' - Et, . t, , .s 27932 (252) 482-7977 ,.... .,. ,,,,,, ..,... _ ..- :,• -: - --- ---- , - --).,- ---witk-- ,----- r. . •• • Haggerty, . . a • y ,,, ft------ „„,,a „. .., N/PF-'11Fri-.1 . and James A., Haggerty . ---. ro t,s . • 84 '0-= ".. ''• 6- -. '5,• 2 '- '14., .,,•N -•,-..,---,--,),,4.'.‘ ilk ''''•-6- "''' .1! • „ -46:04-tic 4r.,,716•4`' ' , *:- - ,,,,... . ..,"*. . . '..... ...-& „-'.''', 8..• --. ., .- ,••e- - I• A,i,"'%.7.'0,;.,-. -2.., ,. ... QUAD: . 2, 0 ., 3 OF 6 524 South Howell St. .... .-,.., -.- ' -,..1" 14111:.` • ...: ' '',•!!!',,-„04•44,.,,v,, 'i* ',,,.,i!,.,•-„:r,!,:=7:. , *,-,1;',.::---,,.,•?!..4 , as . , BASIN. SEPT 2208 Rocky Mount,N.C. 27804 • • ' ., .C _ -''•:- ', - `:...- ‘ .: : -.• ,„..;. *;,-. ' .1.- ' , SUBJECT: • ND DOLPHINS . - ...........i . -•.-',12.; :' :-' -‘1. ;,.. ,., ,. •'!.e .''":.: ''. . . I ' G = 76,1271106 W . . DRAWN BY. 11111*444641614 -,' ,aB.J'L • .. 51. : 1 PLAN VIEW DETAILED DRAWING .2.), �\ `°" \ FOR LARGER VIEW SEE SHEET#5 Teseneer Charles W. - \ AAa 387 Sta Airport RC. X PROPOSED DOLPHINS \ tatesoilk,N.C.28677 3401(1/4' 8'dAPtA .).03 4 Ba • PROPO�ED DOLP INS v`0R` , • (31'0X D0E ' PROPOSE\DOLPHINS 0*3-G' S .1e1... ' ipral.40; ID-• \' B'r AM PROPOSEQDOLPHINS •• a •\ .J F. .d'�,.(Z / PRO'o D DOLPHINS •\ \ ,�t6 e ,\ F` ROE ,�R• IB3 �21 •\ 6Y •\ BD0. .' .1**** ;..i. . . .. ' .:'.k/ff \ EXIBTINOPIE / +•, / `. ••\ S'D•ptA `\ _ ..?' ,T0 BE REMO D" D V' `\ C'D.Wh 8�, \ 1' ,rptA A °t,'.I• / a 4y/ •RO°O.oeD°°Lo:' \ /• ( • PROPOSED DOLPHIN LEGEND ° •r� 3'D•PtA\ (\rR%� ; ; LOCATION TO BE DETERMINED IN THE FIELD t' / •`• ) •• BY THE ENGINEER 3 aJp\ \/. - PRO ED FILL. PRO(882.82FSLq.Ft.) NWL OOro c/ •` 3'D PROPO D DOLPHIN• 10'D•ptA A - OI:ATOM ;O / / \• S'DgtA 10'D•ptA q �; .�yN�. 10'D•pth a t/ a �'. ,...� / `\ PROPOSED WETLAND FILL I M a a ° 1" ••.' •y (218.52 Sy.Ft.) TQ BE' MOVE,•' 1 'I • . ' 0 . / ' 1 : to EXISTING WETLANDS I ' / �' _ "4 ..4 1223.28 Sq.Ft.) I a o /, PR SEO BULKHEAD iD8' S` 10'D•ptA (B• D WILL BE"BHEET PI� EXIST.DOLPHINS + •o TO BE REM• ED / • State Hwy&,Public Wor8s"Comm a't•` ' ''• WETLAND RESTORATION l Hwy 84 ...4„,so.// /. ��• ,p t`'�(iL`t+'K7 (17s.B1 Sq.Ft.) Ir ^ '� O' tw'�'' ' ��,..//' •• EXIST.DOLPHINS < I / o O o a o S'DIptA -... r_ PROPOSED PIER / / a \ EXIST.DOLPHINS �' \ r Bg I�y ED aS -_' • a `fit \ �SR 1 221 -�� REVISED Lt76ro9 -.,—__ 8R 1222J. \\ \ T "I"---------- ��` NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ...' �_ s. DIVISION 1 \;_ +\=4. \`�\ EDENTON, NC 27932 113 AIRPORT (252) 482-7977 �N,, .. y J.J.Haggerty,C.W.Haggerty `� BR(GG_A'89 `� and James A.Haggerty \�� Tp �� COUNTY:TYRRELL WBS#: N/A �. �SB4 �. QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 Rao S Mount,H N.C.well27804St. ��` ��` BASIN:PASQUOTANK SHEET#: 4 OF 6 Rocky NC. ...... ......` / SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS ..„,„.. ...„, LAT = 35.9461237 N ' LONG. = 76.1271106 W J DRAWN BY:A.L. MULDER SCALE: 1" = 50' 1• IM- ./ V)\\ N69 \ \ \( 0 \ \` p 0� X \, PROPOSED DOLPHINS \ 14•\.:: ' PLAN VIEW \ \Z \ N\ 6' �h \,2( DETAILED IRA WI G Teseneer Charles W. syo� \\ \ ,aah 47: sA GE LINE ( PROPOSED ) 387 Airport Rd. F��� PROPOSD DOLP INS \ 0.14 � :• ( 52' *31' \ RIPARIAN Statesville, N.C. 28677 F �\ �� Oeo.0) �•. `\ A PROPOSE, DOLPHINS \ \ \ 6'Pept ✓ 111"9. \ . \ 1721' V % 6' e,th \ PROPOSE" DOLPHINS '-G •\ z A' PROPOSE, DOLPHINS \ �e th• sA\�' % I"�‘, \ AP ROX. OCATION ,\ ,\ r \\ � \ � LEGEND ♦r., \ �,AR G E . t'• t \ ( 83' 42' ) \ / `k- //4- ,\ 6'De�th ../y ; \ \ \ \ X}`K } PROOSED(652.82 FSq.LL BFt. .) NWL EXISTING PIERS x� \ \ \\ 'Depth \' \ 6'Depth -TO BE REMOVED -. J 6\De •opP�H o o 0 v \ \ p •<RJGµP.•�0.. . • `iy RO OSED DOLPHIN \.\ \� PROPOSED WETLAND FILL '� - - \9 • APPRO LOCATION ( 218.52 Sq. Ft. ) O -. � •• ••• PROPOSED DOLPHIN •0•'E�LOCATION TO BE DETERMINED IN THE FIELD /•o• o � '�\� $'Depth \ •ARGE • • '/ �\ � \ ( 1 ' X 36' ) ••\ BY THE ENGINEER \\� p \ 6Ah%}tr}wi,, EXISTING WETLANDS PRO ED FIbL• �\ \ , ( 223.29 Sq. Ft. ) 41 3'De• PROPO ED DOLPHINS \ APP'• LOCATION • / (N. r —' 6'Depth 10'Depth \ ` 4`� / \ t.•t• WETLAND RESTORATION State & -Pubic Works Co - TOE BE -EMOVE 14 '' •"' 1, Hwy 64 y . tt ' ,�" T. Columbia, N.C.27925 o �� `0 _ . 1� REVISED 1/06✓09 . o PR SED BULKHEAD 206': to` 10'Depth NORTH CAROLINA DEPARTMENT OF TRANSPORTATION \ ( BU EAD WILL BE'SHEET PILE EXIST. DOLPHINS DIVISION 1 t ._ / TO BE REMOVEDDR. AIRPORT / NC (25 EDENTON, NC 27932 (252) 482-7977 Or SR 1 app��� 3 o —EXIST. DOLPHINS COUNTY: TYRRELL WBS#: N/A o �+ . q 0 I,-- QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 4.001 6'Depth BASIN:PASQUOTANK SHEET#: 5 OF 6 0 ' SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS 4.00' . " , '`k...„ LAT. = 35.9461237 N I LONG. = 76.1271106 W PROPOSED PIER DRAWN BY:A.L. MULDER ' SCALE: 1" = 30' 0 a w x NOTE: ALL ELEVATIONS ARE BASED ON ASSUMED DATUM ea EXISTING EARTH MATERIAL ELEV. 104.50' PROPOSED PIER i GRAVEL LOT ELEV. 100.30' J ELEV. 9�52' / I / / ELEV. 92.52' MUD LINE PROPOSED BULK HEAD PROFILE DETAILED DRAWING REVISED 9/22/08 ,_ NORTH CAROLINA DEPARTMENT OF TRANSPORTATION a 110.01 c, , . t. DIVISION 1 �. 113 AIRPORT DR. EDENTON, NC 27932 (252) 482-7977 COUNTY: TYRRELL WBS#: N/A QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 BASIN:PASQUOTANK SHEET#: 6 OF 6 i SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS LAT. = 35.9461237 N ' LONG. = 76.1271106 W DRAWN BY:A.L. MULDER ' SCALE: 1" = 20' • A AN; NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue,Governor James H. Gregson, Director Dee Freeman, Secretary March 19,2009 N.C.Department of Transportation 118 Airport Drive Edenton,NC 27932 Dear Sirs: 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,6714 Mail Service Center,Raleigh,NC 27611-6714,(919)733-2698 within twenty(20)days of this decision on your permit.You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be carried out in accordance with your application.Modifications,time extensions,and future maintenance requires 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. Sincerely, may-, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, N.C. 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE: The project is located on SR 1229 along the west bank of the Little Alligator River in Tyrrell County. Photo Index—2006: 127-6970(E-F, 12) 2000: 127-1503(F-G, 11-12) State Plane Coordinates -X: 2850237 Y: 811602 Latitude: 35.945598 Longitude: -76.126719 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visits-January 18, 2008, August 6, 2008 Was Applicant Present-Yes 5. PROCESSING PROCEDURE: Application Received Complete: August 6, 2008 Office-Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plans-Tyrrell County Land Classification From LUP-Urban/Undeveloped/Conservation (B) AEC(s) Involved: PTW,mac;@11W- C V" PTS (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing-N/A Planned- N/A (F) Type of Structures: Existing-Old Loading Dock 20' X 40' and three piers Planned - 170' Shoreline Stabilization, 130' X 6' pier with 3 finger piers 8' X 6',platform 20'X15', 17 dolphin pile clusters, 24'X 4' pier for the public (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED OTHER (A)Open Water 1598 sq ft Shading 1,320 sf due to with fill piers 648 sq ft with dolphin pile clusters (B)Coastal Wetlands Impacts related to fill, 435.52 sf (C)High Ground 209.46 cu. YDS.fill on high ground FIELD INVESTIGATION REPORT: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Docking Facility on the Little Alligator River PAGE#2 (D) Total Area Disturbed: .344 acres (E) Primary Nursery Area: YES (F) Water Classification: SC, Sw; Open: No 8. PROJECT SUMMARY: The applicant proposes to replace the existing 20' by 40' loading dock along the Little Alligator River and three small piers with a new 130' by 6' pier and three finger piers 8' by 6', one pier at the boat ramp that will be 24' by 4', and 20' by 15' loading ramp and 170' of steel bulkhead. 9. NARRATIVE DESCRIPTION: Project Setting Barge facility is located on SR 1229 adjacent to the Little Alligator River, approximately a 1000 feet east of SR 1221 in Newfoundland, Tyrrell County. Total length of shoreline on the parcel is approximately 500 feet, and is approximately 37,500 sq ft. in size and the elevation of the parcel is approximately 2 feet above the normal water line. The parcel is mainly a gravel lot with some fringe wetlands along the shoreline, which includes cattails, sedges, saw grass, lizard tail,juncus sp. and fescue grass around the parking lot. The site contains a gravel boat ramp, loading dock,three pile cluster dolphins, two piers/boat docks. The site has been used for docking loading/unloading of barges by NCDOT since the 19070's. It is also used for a public boat launch, however it is not an official NCWRC public boat ramp. Local commercial fisherman use the existing piers to tie there boats to There was no Sub-merged aquatic vegetation present during visit in January or again in August. The creek bottom is composed of a mud substrate. The Wildlife Resource Commission has this designated as a Primary Nursery Area. Stormwater currently sheetflows of the lot into the adjacent waterbody and woodland. Project Proposal This project will involve the installation of a steel sheetpile bulkhead along 170 ft. of shoreline. The proposed bulkhead is being placed an average distance of 10' waterward of the normal water line, which will result in 1598.5 sq ft of surface water bill below the NWL and 435 sq ft of coastal wetland impact. Project also proposes the installation of 17 pile clusters to be installed to moor the barges and a tug,which will result in 648 sq ft of surface water fill. There are three existing pile cluster that will be removed. The proposed access pier will be 130ft in length and 6 ft in width with three small finger piers 8'' by 6'. The barges loading ramp will have six piles installed and a deck of 20ft by 15ft to accommodate loading and unloading with the crane. DOT also proposes to install a pier/dock for the publics' use, which will be 24ft by 4ft. Anticipated Impacts The project would result in 209.46 cubic yards of high ground filled as well as 435.52 sq. ft. coastal wetland filled and an additional 2246 sq ft of open water below the normal water line filled. NCDOT plans to utilize the Ecosystem Enhancement Program to provide mitigation for the 435.52 sq ft of coastal wetland impacts rather than do mitigation on site. There is also an additional 1320 sq ft of shading resulting in the piers installed. Submitted by: Jim Hoadley—Elizabeth City District—August 7,2008 DIVISION OF lit I COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT:NCDOT County: Tyrrell � ,�: .., LOCATION OF PROJECT: Barge facility on the Little Alligator River on SR 1229. '® EIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: August 7,2008 AUG 1 3 2008 FIELD RECOMMENDATION: Attached: No To be forwarded: Yes MANAGEMENT CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES h FIELD REPRESENTATIVE: Jim Hoadley DISTRICT OFFICE: Elizabeth City OA\r c>\ DISTRICT MANAGER REVIEW: Date: ldlaa of APO B) DATE RECEIVED BY MAJOR PERMITS UNIT: 81 I3 J 0 g FEE REC'D: $ 400 (60/40) PUBLIC NOTICE REC'D: Advertise: 8/14/07 END OF NOTICE DATE: Comments due; 9/3/08 ADJ. RIP. PROP NOTICES REC'D: s DEED EC' : /V A APPLICATION ASSIGNED TO: �jC\V AWN ON: g ` 3 Og oc r,- ao, — _1 6 )" C) 75 DAY DEADLINE: Fcbuabuary 16,2008 150 DAY DEADLINE: MAIL OUT DATE: August 11,2008 STATEDUE DATE: 9/1/08 FEDERAL DUE DATE: p� O T Pact I c ��� NEC DAW- ��� O��' 7� ) F DCOMMEN SRPERMIT FINAL ACTION: ISSUE \ C\ DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management- Regional Representative lloog ✓ Coastal Management- LUP Consistency 13 0 p A)' 0 Division of Community Assistance D ao 05 i' 1 V C. Land Quality Section ,,- /`a c \,rs (\ i -I ( V ✓ At GG 30 79-Th Division of Water Quality a ��- O �( 2 co$ k 70 v-a ,s 09 Storm Water Management(DWQ) ,✓- rr, ( 7 5 0 -r1M c _ SW Og0$1 State Property Office 1 Iao10 O I / ��NC Division of Archives& History 8' a20)O D � Ai C. Division of Environmental Health ''Jn� _\ ‘1,-. \ii\C1' \k-iS)`C R C. Division of Highways V NC Wildlife Resources Commission M(/\W,ic on Ii6104Z- 31116 C Local Permit Office Division of Marine Fisheries Q\10\o Q` q `g Corps of Engineers a5 05 - 3' b9 C 1` 1 S)Sv�y% ‘"IA( k) B iCi \ at 1 C (&. — O\D)fCA\bY1 ATM. .. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.. Secretary MEMORANDUM TO: Doug Huggett FROM: Jim Hoadley Through: Cathy Brittingham SUBJECT: Comments & Recommendations - CAMA Major Permit - NCDOT-Replacement of Barge Facility on Little Alligator River,Tyrrell County DATE: February 16, 2009 The following are my comments and recommendations regarding the above-mentioned proposal. The request is to replace the existing barge facility on Little Alligator River with a new configuration at the same parcel of land. The development proposal involves Public Trust Waters and Shoreline. A review of the Management Objectives and Use Standards of Area of Environmental Concerns (AECs)follows. Applicant has resubmitted a revised drawing dated 1/06/09 that has been agreed upon by all prior objecting agencies that the project now meets the avoidance and minimization that it didn't meet in its first submittal. With this in mind, I would therefore recommend that the permit be approved but the following conditions be placed upon the permit. 1) he alignment of the permitted bulkhead/riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction.VThe bulkhead/riprap will not extend waterward more than 10 feet from the mean high/normal water vel at any point along its alignment at the time of construction. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50 Recycled`10 Post Consumer Paper s The bulkhead must be constructed prior to any backfilling activities. 4) he bulkhead must be structurally tight.so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is ermitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation /waterward of the approved alignment. jy The fill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) o backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 9) l fill material to be placed below mean high/normal water level will be confined behind the permitted bulkhead. 10) ppropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 11)All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 12) his permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina/docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit dification. 13 o attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 14)T permittee will maintain the authorized work in good condition and in conformance vet the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third y his permit authorizes a maximum of 4 boat slips. lh4he permittee must install and maintain at his expense any signal lights or signals `/prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized • facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 17)If existing wetlands are temporarily impacted during construction of the mitigation site, and the existing wetlands do not re-attain their pre-project wetland functions within 3 S' years of mitigation site construction, then the temporary impacts shall be reclassified as permanent impacts and shall be mitigated. 18)Erosion control structures shall be installed on the outboard edge of both the temporary x and permanent fill in or adjacent to wetlands, between the area to be filled and the existing waterbody to prevent sediment from entering the adjacent wetlands or watercourses. 19)In order to adequately contain fill graded to 2:1 slopes on this project, the permittee shall X employ stringent measures within the wetland areas in addition to silt fencing to prevent the movement of material from entering these wetland areas.y20 ppropriate sedimentation and erosion control devices,measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence, diversion swales or berms, etc.). Vine permittee shall follow "Best Management Practices for the Protection of Surface ✓ Waters". 2? During the demolition of the existing barge facility no part of the structure shall be placed in the waters and/or wetlands. 23) yProperty line shall be flagged in the field prior to the beginning of construction to ensure hat all work is conducted in the location as depicted on the revised plans dated 1/06/09. 24)Pile clusters marked as approximate location shall be placed accordingly and DCM field presentative should inspect site to ensure that projects overall area of impacts does not increase 0:3/t14/10t7y 11: lb y1y51d3U:iy I-'AUt 01 ` k � NCDEIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary February 1 J. 2009 MEMORANDUM: TO: Garcy Ward,N.C. Division of Water Quality Travis Wilson, N.C. Wildlife Resources Commission Kelly Spivey, N.C. Division of Coastal Management CC: Jim Hoad.ley, N.C. Division of Coastal, Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: N.C. Department of Transportation. PROTECT LOCATION: Little Alligator River, Tyrrell County PROPOSED PROJECT: Rebuild and improve an existing barge docking and loading facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5th to Cathy Brittingham at the N.C. Division of Coastal Management Raleigh Office, 1638 Mail Service Center, Raleigh, NC 27699-1638. Based upon the NCDOT Project schedule, it would be greatly appreciated if you could submit your comments before that timeframe. If you have any questions regarding the proposed project, please contact Cathy Brittingham at (919) 733-2293 x238 or Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY —This agency has no objection to the project as proposed. This agency has no comment on the proposed project. L This agency approves of the project, only if the recommended changes are incorporated. See attached. _This agency objects to the project for reasons described in the attached memo. 5i.gtte �� Date a ,k - 0 1636 Mail Service Center,Raleigh,NC 27699-1638 One Phone:919-733-22931 FAX:919-73.5-1495 Internet:www.nccoastalmanegement.net NorthCatrroll.ina An f_rauol Opportunity 1 AflirratIva Acrlan Rmployer Naturally 6.3/04/100'3 11: 1b '31'J31nb'SJ r(-tn u.i } ' +Phi!{? • •Tok • '•• ''i' Z"... : L� '•t;a M. ; ••<: • `"' •`'• '• .• :''•• 't ? ; 4 y:1 :. . ;1 t Nk^,,11,7 a i..• :,, ::•.w„,,.Y.yn':it:,;. j •:. r y i'� North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Cathy Brittingham Transportation Project Coordinator Division of Coastal Management FROM: Travis Wilson, Highway Project Coordinator ��. % -.�Habitat Conservation.Program ' ) — DATE: February 4, 2009 SUBJECT: NCDOT request to improve an existing barge docking and loading facility on the Little Alligator River, Tyrrell County, North Carolina. • We have reviewed the information included in the package received from.the Division of Coastal Management. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401., as amended.; 16 U.S.C. 661 ct. seq.) and the Coastal Area Management Act (G.S. 113A-100 through. 113A-128). NCDOT has revised the original plans to improve the existing barge facility on the Little Alligator River in Tyrrell County. The revisions have reduced impacts to surface waters and coastal wetlands as well as providing partial onsite mitigation for these impacts. Therefore, we do not object to the issuance of the CAMA permit for this project provided that the following conditions are included in the CAMA Permit: 2 1. All riprap placed in-water should be free of pollutants and soil. 2 -Live concrete should,not be allowed to contact the water in or entering into the stream. Concrete used to cap off the piles should be contained within the pile. p3. urbidity curtains should be used to contain all bottom disturbing activities, including ile or casement driving/vibrating/jetting, placement of riprap, excavation or filling. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. • j Any piles being cut off should be cut off below the mud line approximately three to four inches, allowing the piles to be covered with natural material to th.e mud line. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721. Telephone: (919) 707-0220 • Fax: (919) 707-0028 63/84/N3M 11: 1; 11171771 HAU'g. 04 , Memo 2 February 4, 2009 5. Little Alligator River is listed as an inland Primary Nursery Area. WRC recommends `an.in-water work moratorium for the protection. of aquatic resources from February 15 V to September 30. Thank you for the opportunity to comment on this permit application. If you.have any concerns about our comments, please contact me at (91.9) 528-9886. Cc: Bill Bi.ddlecome, USA.CE Jim Hoadley, DCM David Wainwright, DWQ Sara Winslow, DMF ' f r yy -_ North Carolina Wildlife Resources Commission MEMORANDUM _ > - .: , ►` '` TO: Cathy Brittingham SEP 2 4 2008 Transportation Project Coordinator Division of Coastal Management DV OF C C A'' ,..a;' E E NI NT FROM: Travis Wilson, Highway Project Coordinator Habitat Conservation Program DATE: September 12, 2008 SUBJECT: NCDOT request to improve an existing barge docking and loading facility on the Little Alligator River, Tyrrell County,North Carolina. We have reviewed the information included in the package received from the Division of Coastal Management. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act(G.S. 113A-100 through 113A-128). NCDOT should evaluate the opportunity to reduce the amount of fill below the normal water level on the east end of the bulkhead in the vicinity of the existing barge dock. Tightening the terminus of the bulkhead at the eastern tie-in would provide a reduction in impacts to Little Alligator River. Furthermore there is a potential for onsite mitigation by removing an area of fill located south of the gravel lot just north of the existing public pier. NCDOT should assess this opportunity to mitigate for the 435.52 square feet of coastal wetland impacts. We do not object to the issuance of the CAMA permit for this project provided that the following conditions are included in the CAMA Permit: t.AZ . All riprap placed in-water should be free of pollutants and soil. (3/ive concrete should not be allowed to contact the water in or entering into the stream. Concrete used to capoff thepiles should be contained within the pile. 3. T idity curtains should be used to contain all bottom disturbing activities, including Ile or casement driving/vibrating/jetting,placement of riprap, excavation or filling. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 • Memo 2 September 12, 2008 4. y piles being cut off should be cut off below the mud line approximately three to four inches, allowing the piles to be covered with natural material to the mud line. 5. Li e Alligator River is listed as an inland Primary Nursery Area. WRC recommends in-water work moratorium for the protection of aquatic resources from February 15 to September 30. Thank you for the opportunity to comment on this permit application. If you have any concerns about our comments,please contact me at (919) 528-9886. Cc: Bill Biddlecome, USACE Jim Hoadley, DCM David Wainwright, DWQ Sara Winslow,DMF NCDOT Little►Alligator River Proposal Subject: NCDOT Little Alligator River Proposal From: Sara Winslow <Sara.Winslow@ncmail.net> Date: Tue, 10 Feb 2009 14:36:58 -0500 To: Jim Hoadley<Jim.Hoadley@ncmail.net> CC: Cathy Brittingham <Cathy.Brittingham@ncmail.net>, anne.deaton@ncmail.net Hi Jim I have reviewed the package that NCDOT submitted with the modifications made after our on site visit. Our concerns with the project have been addressed through these changes. The Division removes its objection to this project based on the revised project proposal. If you have any questions please let me know. Thanks, Sara 1 of 1 2/11/2009 11:21 AM Ar7A NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor Dr. Louis B. Daniel III, Director William G. Ross Jr., Secretary rrEglireD • d MEMORANDUM SEP 1 5 2008 TO: Doug Huggett Morehead City 0CM Major Permits Processing Coordinator ei FROM: Dr. Louis B. Daniel, Ill, Director , . Division of Marine Fisheries r,/� SFp , 0 ,J of 2408 DATE: September 8, 2008 CCC^ SUBJECT: CAMA / DREDGE AND FILL PERMIT (31, NCDOT, Little Alligator River on SR 1229 Tyrrell County I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with their recommendation(s). 3 1, ,„ 7 A a ief I ector, Date . Louis . Daniel, III Deputy Director, Date Barbara Y. Lupton e Habitat Protection Section Chi f, Date Anne Deaton 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 \FAX: 252 727-5127\ Internet: www.ncdmf.net NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper Naturally ATA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Coordinator THROUGH: Anne Deaton, Chief Habitat Section ).k2' �FROM: Sara E. Winslow, Northern District Manage SUBJECT: NCDOT — Little Alligator River— SR 1229 DATE: August 28, 2008 The North Carolina Division of Marine Fisheries submits the following comments pursuant to General Statute 113--131. Little Alligator is a designated Inland Primary Nursery Area by the NC Wildlife Resources Commission. The area is utilized by estuarine dependent, anadromous and resident species. Submerged aquatic vegetation is found throughout the creek. The site is an existing NCDOT barge facility and been in use since the 1970s. Locals also use the site to launch boats and commercial fishermen use the piers to dock their boats. The project involves the installation of a 170 ft long sheet pile bulkhead. An average distance of 10 ft waterward of NWL for the bulkhead is proposed. This will result in 1,598 sq ft of fill in an IPNA and 435 sq ft of coastal wetland impact. Also proposed is the installation of 17 pile clusters to be installed to moor barges and a tug, which will result in 648 sq ft of "fill". A 130 ft long and 6 ft wide access pier is proposed with three small finger piers (8 ft by 6 ft). A barge loading (20 ft by 15 ft) will be constructed on piles for loading and unloading. NCDOT also proposes to install a pier (24 ft by 4 ft) for public use. The project as proposed would fill 435.52 sq ft of coastal wetlands and 2,246 sq ft of IPNA. NCDOT proposes mitigation through the Ecosystem Enhancement Program rather than onsite/in kind. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NOne orthCarolina Phone: 252 726-7021 1 FAX: 252 727-5127\ Internet: www.ncdmf.net Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper The Division objects to the project as proposed due to fill of an IPNA and loss of coastal wetlands, which will result in significant adverse impacts to fisheries resources and the associated habitat. This agency would remove its objection if the proposed bulkhead was moved landward of the coastal wetlands. Also to mitigate for any coastal wetland loss/impacts the area south of the gravel lot and between the two coastal wetland areas (Plan — CC) could be graded and planted with wetland species so that mitigation could occur in kind/on site. RECMVED ATA SEp — 4 2008 NCDENR DMF-HABITAT PROTECTION North Carolina Department of Environment and Natural Res.. - Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 MEMORANDUM: TO: Dr. Louis Daniel, Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT Project Location: The Little Alligator River on SR1229, Tyrrell Co Proposed Project: Barge Facility Replacement Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1, 2008, to Cathy Brittingham, 1638 Mail Service Center, Raleigh,NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 1/L/ - glidOK SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary February 1 1, 2009 ZECEIVE D MEMORANDUM: TO: Garcy Ward,N.C. Division of Water Quality FEB 1 6 2009 Travis Wilson,N.C. Wildlife Resources Commissionuiv OF COASTAL MANAGEMENT Kelly Spivey,N.C. Division of Coastal Management RALEIGH CC: Jim Hoadley,N.C. Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review APPLICANT: N.C. Department of Transportation PROJECT LOCATION: Little Alligator River, Tyrrell County PROPOSED PROJECT: Rebuild and improve an existing barge docking and loading facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5th to Cathy Brittingham at the N.C. Division of Coastal Management Raleigh Office, 1638 Mail Service Center,Raleigh,NC 27699-1638. Based upon the NCDOT Project schedule,it would be greatly appreciated if you could submit your comments before that timeframe. If you have any questions regarding the proposed project,please contact Cathy Brittingham at(919) 733-2293 x238 or Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. 24aS 13-to v.Z REPLY /This agency has no objection to the project as proposed. 40t z-..-ocr CSC 3,y This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. Signed k/cS Date .2 /t 0 1638 Mail Service Center,Raleigh,NC 27699-1638 One Phone:919-733-22931 FAX:919-733-1495 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity\Affirmative Action Employer Naturally 4 Yr�® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 6,2009 t , Tyrrell County DWQ Project No.20081370 v.2 APPROVAL of 401 WATER QUALITY CERTIFICAT ON ecervt,,tyoNs Mr.Clay Willis NCDOT,Division 1 113 Airport Drive Suite 100 FEB 1 1 2009 Edenton,NC 27932 DIV. OF COASTAL MANAGEMENT Dear Mr.Willis: RALEIGH You have our approval,in accordance with the attached conditions and those listed below,for the following impacts: Site Number Wetland Fill Open Water Fill (square ft) (square ft) 1 218 652 The project shall be constructed in accordance with your application dated January 28,2009 for the purpose of improving the existing barge docking and loading facility on the Little Alligator River in Tyrrell County. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 3642. This certification corresponds to the General Permit 198000291 issued by the Corps of Engineers. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit issued by the US Army Corps of Engineers. This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change,you must 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,or of total impacts to streams(now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). For this approval to remain valid,you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project,the NCDOT shall complete and return the enclosed"Certification of Completion Form"to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. North Carolina Division of Water Quality Internet www.newaterqualitv.org 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally Page 2 of 3 2.) The permittee and its authorized agents shall conduct its activities in a manner consistent with state water quality standards(including any requirements resulting from compliance with§303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State or federal law is being violated,or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 3.) The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawings submitted for approval. 4.) The issuance of this certification does not exempt the Permittee from complying with any and all statutes,rules,regulations,or ordinances that may be imposed by other government agencies(i.e. local, state,and federal)having jurisdiction,including but not limited to applicable buffer rules, stormwater management rules,soil erosion and sedimentation control requirements,etc. 5.) The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 6.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 7.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 8.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification. 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. 9.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 10.)Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 11.)The permittee will need to adhere to all appropriate in-water work moratoriums(including the use of pile driving or vibration techniques)prescribed by the NC Wildlife Resources Commission,the US Fish and Wildlife Service,and National Marine Fisheries Service. No in-water work is permitted between February 15 and September 30 of any year,without prior approval from the NC Division of Page 3 of 3 Water Quality and the NC Wildlife Resources Commission. In addition,the permittee shall conform with the NCDOT policy entitled"Stream Crossing Guidelines for Anadromous Fish Passage(May 12, 1997)at all times. 12.)The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13.)Heavy equipment may be operated within the stream channels however, its usage shall be minimized. 14.)During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.,or protected riparian buffers. 15.)All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 16.)Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17.)Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18.)A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition,the Water Quality Certification and all subsequent modifications,if any,shall be maintained with the Division Engineer and the on-site project manager. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,P.O.Box 27447,Raleigh,N.C.27611-7447. This certification and its conditions are fmal and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Garcy Ward at(252)948-3922. incerel , for Co en Sullins Attachment cc: Mr.Bill Biddlecome,US Army Corps of Engineers,Washington Field Office Mr.Jim Hoadley,DCM,Elizabeth City Cathy Brittingham,DCM, 1638 Mail Service Center,Raleigh Sonia Gregory,DWQ,401/Wetlands Unit Central Files File Copy • WQC #3642 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS 198000291, 198000048, 198700056,197800080, 197800125, and 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 12, 14, 18, 27,29, 33, 35,39, and 43, WHEN APPLIED TO CAMA PERMITS, AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h)compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public 1 WQC #3642 road projects, the mitigation plan must be implemented before the road is opened to the travelling public; 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,Tr, WS-I and WS-II unless the project is a linear, publicly- funded transportation project, which has a 150-foot per-stream impact allowance; 6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)within the Neuse and Tar- Pamlico River Basins shall be limited to"uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as"exempt"from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact(FONSI)or Record of Decision (ROD)is issued by the State Clearinghouse; 9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"or the"North Carolina Surface Mining Manual" whichever is more appropriate(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. 2 WQC #3642 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By ri244:4.(14..„ Alan W. Klimek Director WQC# 3642 3 W A7 Beverly Eaves Perdue,Governor 9 Dee Freeman.,Secretary QG North Carolina Department of Environment and Natural Resources rColeen H.Sullins Director j Division of Water Quality O < DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. This form may be returned to DWQ by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, ,as a duly registered Professional Engineer in the State of North Carolina,having been authorized to observe(periodically,weekly, full time)the construction of the project,for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date N�o. Carolina Transportation Permitting Unit ,Naturally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Barge Docking and Loading Facility on the Little Alligator Rive,Tyrre... Subject: Barge Docking and Loading Facility on the Little Alligator Rive,Tyrrell County, NC - Corps Action ID #2008-02461 From: "Biddlecome, William J SAW" <William.J.Biddlecome@usace.army.mil> Date: Tue, 3 Feb 2009 15:18:04 -0500 To: <doug.huggett@ncmail.net>, "Cathy Brittingham" <Cathy.Brittingham@ncmail.net>, "Jim Hoadley" <Jim.Hoadley@ncmail.net> Doug/Cathy/Jim, The recommended conditions to be included in the State Authorization per my letter to Doug dated September 24, 2008 for the above project will remain the same except substitute what is written below for condition i. in the original letter. If you have any questions please let me know. Please notify me via e-mail when you issue so I can send my authorization letter to the applicant. Thanks! Compensatory mitigation for the unavoidable impacts to 0.0099 acres of coastal marsh wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP), as outlined in the letter dated October 7, 2008, from William D. Gilmore,EEP Director. Pursuant to the EE vetMemorandum of Agreement (MOA)between the State of North Carolina and the US Army Corps Engineers signed on July 22, 2003, the EEP will provide 0.018 acres of restoration equivalent coastal marsh wetlands in the Pasquotank River Basin (Hydrologic Cataloging Unit 03020106) in accordance with Section X of the Amendment No. 2 to the MOA. For wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration. The NCDOT shall, within 30 days of the issue date of this permit, certify that sufficient funds have been provided to EEP to complete the required mitigation,pursuant to Paragraph V. of the MOA. Bill Biddlecome Regulatory Project Manager Washington Regulatory Field Office P.O. Box 1000 Washington,North Carolina 27889 (252)975-1616 ext.26 william.j.biddlecome@usace.army.mil The Wilmington District is committed to providing the highest level of support to the publicTo help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website dtttp://regulatory.usacesun'ev.com/ to complete the survey online. 1 of 1 2/11/2009 11:17 AM , 6pt-,-\)(nvant, • ANT op DEPARTMENT HE ARMY Zt � °.1,% WILMINGTON DISTRICT, CORPS OF ENGINEERS c ����-:- M Washington Regulatory Field Office Itij. e Post Office Box 1000 J� ( a l... P i Washington, North Carolina 27889-1000 G'r wc_,_!._.!.---''''' IN REPLY REFER TOLt°STA=ES of P"` September 24, 2008 Q D ,, ��� cT 2008 Regulatory Division `.. Action ID No. 2008-002461 ENT 1 gcz:znorl ..4„,.. Mr. Doug Huggett OCT 12Q08 Division of Coastal Management �Or61' North Carolina Department of Environment City o CM and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the North Carolina Department of Transportation for a Department of the Army permit to construct a bulkhead and docking facility at the existing barge docking and loading facility on the Little Alligator River in Tyrrell County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. b. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. d. The permittee shall advise the Corps by telephone at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. e. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. f. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. g. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). h. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. i. The unavoidable impacts to 0.01 acres of coastal wetlands associated with this project shall be mitigated by NCDOT by providing 0.02 acres of restoration equivalent coastal wetlands in the Pasquotank River basin (Hydrologic Cataloging Unit 03010205). For wetlands, a minimum of 1:1 (impact to mitigation)must be in the form of wetland restoration. NCDOT shall provide a plan to the USACE for addressing this mitigation requirement by October 24, 2008. It is recommended that NCDOT provide this mitigation in accordance with the procedures suggested in our letter dated September 13, 2004 from Mr. Ken Jolly to Dr. Gregory J. Thorpe. j. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 2 • Questions or comments may be addressed to Mr. William Biddlecome, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 26. Sincerely, /k/4Ava- g6;1'‘A°1Pe William J. iddlecome Regulatory Project Manager Copies Furnished: Mr. Ron Sechler National Marine Fisheries Service,NOAA 101 Pivers Island Road Beaufort,NC 28516 Mr. Pete Benjamin Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ronald J. Mikaluk, Chief Wetlands Section—Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jim Hoadley Elizabeth City Field Office Division of Coastal Management NC Department of Environment, Health and Natural Resources 1367 U.S. 17 South Elizabeth City,North Carolina 27909 3 Mr. Garcy Ward NCDWQ Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Ms. Cathy Brittingham Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. David Wainwright Water Quality Section North Carolina Division of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 4 .fin NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett FROM: Jim Hoadley Through: Cathy Brittingham SUBJECT: Comments &Recommendations - CAMA Major Permit- NCDOT-Replacement of Barge Facility on Little Alligator River,Tyrrell County DATE: September 10, 2008 The following are my comments and recommendations regarding the above-mentioned proposal. The request is to replace the existing barge facility on Little Alligator River with a new configuration at the same parcel of land. The development proposal involves Public Trust Waters and Shoreline. A review of the Management Objectives and Use Standards of Area of Environmental Concerns (AECs) follows. Applicant proposes to place a bulkhead at a maximum 17' waterward of the Normal Water Line, with an average at 10'. .07H.0208(b)(7) requires that bulkheads be located at the normal water level. .0208(b)(7)(D) does allow for bulkheads to extend below the nwl if several standards are met, (i. does not extend further waterward than is necessary to reclaim lands lost to erosion within the preceeding 12 months, or to allign with adjacent bulkheads. In this circumstance, it does not appear that any of these standards are met. With this in mind, I would therefore recommend that the permit be denied. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper hey . . Subject: hey From: Jim Hoadley<Jim.Hoadley@ncmail.net> Date: Wed, 24 Sep 2008 08:39:37 -0400 To: Cathy Brittingham<Cathy.Brittingham@ncmail.net> here is attachment also DOT doesnt meet the 1/4 rule bay is 315 ' long peir is 130 ' long that calls for denial also. field report done by jim hoadley s curves.doc Content-Type: application/msword Content-Encoding: base64 1 of 1 9/26/2008 9:38 AM • Air% NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 MEMORANDUM: REG 'E' TO: Kelly Spivey 2 2�4� Division of Coastal Management, WARO AUG EMEt41 GGA FROM: Doug Huggett olv OF R MAi ALEIGH Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT Project Location: The Little Alligator River on SR1229, Tyrrell Co Proposed Project: Barge Facility Replacement Please indicate below your agency's position or viewpoint on the roposedprojectand return this form by ,� 2> ,.lsa�Cam ttiu67Y*e% jri 276� 638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /J , � -Zzzy 400 CommerceAvei e, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 4 MEMORANDUM TO: Cathy Britingham FROM: Kelly Spivey 1L_i THROUGH: Terry Moore s� DATE: 19 August 2008 SUBJECT: Barge Facility Replacement Major Permit Application NC DOT Little Alligator River Tyrrell County I have reviewed the application received from Doug Huggett, DCM Major Permits Coordinator that was submitted by the NC DOT for replacement of the NC DOT Barge Maintenance Dock Facility located off SR 1229 on Little Alligator River near Columbia in Tyrrell County,North Carolina. The applicant proposes to construct±170 linear feet of bulkhead an average of 10' waterward of Normal Water Level (NWL)resulting in filling ±435.52 ft2 of Coastal Wetlands and±1,598 ft2 of open water. Additionally the applicant proposes an 130' by 6' pier with 3 finger piers (each 8' by 6') and 20' by 15' platform, 17 dolphin clusters and a 24' by 4' launch pier adjacent an existing boat ramp. I have reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in a Public Trust Area and Coastal Shoreline as well as the State Dredge and Fill Law. This office has objections to the project as proposed. The construction of a bulkhead an average of 10'waterward of NWL on a shoreline that has had no erosion during the preceding 12 months, has no adjacent bulkheads, will result in the filling of±435.53 ft2 of Coastal Wetlands and±1,548 ft2 of Public Trust Area is inconsistent with 15 NCAC 07H .0208(b)(7), 15 NCAC 07H .0205 and 15 NCAC 07H .0207. Additionally,the plats submitted with the major permit application appear to depict the riparian line, shared with Charles W. Teseneer, on the North side of the property as an extension of the property line. The plat doesn't show the orientation of the project as it relates to the entire shoreline as well as the location of the channel/deep water of Little Alligator River.Additional plats showing that the riparian line is consistent with 15A NCAC 07H .0208(b)(6)(L) should be required. This is needed to confirm that the docking facility doesn't encroach into the riparian area of Charles W. Teseneer. Thank you for the opportunity to comment on this project. If you have any questions regarding my concerns please don't hesitate to call me at(252) 948-3853. Cc: Doug Huggett, DCM Major Permits Coordinator Jim Hoadley, DCM Field Representative for DOT WAT . F9 n, , ka,44. Michael F.Easley,Governor l.l. �w 0 QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 0 Coleen H.Sullins,Director Division of Water Quality September 4, 2008 Mr. Clay Willis NC DOT 118 Airport Drive Edenton, NC 27932 SEP 1 0 2008 t Subject: CAMA/Stormwater Review SW7080811 c�reheaa City DC Proposed Barge facility Improvements Project M Tyrrell County Dear Mr.Willis: The Washington Regional Office received a copy of your CAMA application for the proposed barge facility improvements on Little Alligator River in Tyrrell County on August 15, 2008. Staff has determined that the project, as proposed, consists of activities that will not pose new surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Division of Coastal Management or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact me or Roger Thorpe at(252)946-6481. ncerel L. `. • Al Hodge,Regional Supervisor Surface Water Protection Section Washington Regional Office Q cc: oug Huggett, CAMA Q,c 0 CAMA—Elizabeth City Office p Washington Regional Office GIs !, ta°"<<‘ Central Files v,� %,14, North Carolina Division of Water Quality Internet: www.ncwaterclualitv.or2 One 943 Washington Square Mall Phone(252)946-6481 NorthCarolina Washington,NC 27889 Fax (252)946-9215 Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper L Division of Environmental Health - State of North Carolina �� Terry L. Pierce, Director Michael F.Easley,Governor ,7 Department of Environment and,3_ Public Water Supply Section Natural Resources Division of �� William G.Ross,Secretary Environmental Health Jessica G. Miles, Section Chief Vi- SEP 0 9 2008 Tom, August 25, 2008 IV. OF COASTAL DJLJ �R._ n RALEIGH NAGEMENT • MEMORANDUM: 4,1 To: Doug Huggett /C4 S SEP 0 3 2008 Major Permits Process Coordinator NC Division of Coastal Management Morehead City DCM From: Jamie Midgette, Environmental Engineer, PWSS/WaRO �/lt Subject: CAMA Application Review Applicant: NCDOT Project Location: Existing barge facility on the Little Alligator River on SR1229, Tyrrell County Proposed Project: Applicant proposes to replace an existing barge docking & loading facility REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. (See Attached) This office objects to the project for reasons described in the attached comments. Comments: • Contractors should be aware of utilities during entrance and egress from the project area to avoid damage with heavy equipment and materials delivery. Please contact the Tyrrell County Water Department to confirm locations, if in doubt. Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 One NorthCarolina Telephone 252-946-6481 ♦ Fax 252-975-3716 http://ncdrinkingwater.state.nc.us/ Naturally An Equal Opportunity/Affirmative Action Employer 0(1- 0-Aft(40/1( I EINEMAB4iA AUG 13 2008 NCDENR HISTORICA TIOPsOFFISE North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 C - 08 - MEMORANDUM: /4/cQ TO: Renee Gledhill-Early G — NC Department of Cultural Resources CEr +�A.t FROM: Doug Huggett AUG 2 0 2 08 Major Permits Processing CoordinatorItk, gin( MoreheadrCMSUBJECT: CAMA/DREDGE & FILL Permit ApplicationKevi -or ' Applicant: NC DOTECEIX/gZr, Project Location: The Little Alligator River on SR1229, Tyrrell Co AUG 2 7 2008 Proposed Project: Barge Facility Replacement DfV OF COASTAL MANAGE MENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1, 2008,to Cathy Brittingham, 1638 Mail Service Center, Raleigh,NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED 1 0 V DATE 400 Commerce Avenue, Mo ad City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUG 14 2008 Ocic4laic4)11.t Ai/ ATM • NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 MEMORANDUM: C T7 ZU zi TO: Ruth Leggett Division of Community Assistance AUG 2 0 2008 FROM: Doug Huggett Morehe d City DCM Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT 2 e c0 Project Location: The Little Alligator River on SR1229, Tyrrell Co ,s)' J� 17 Proposed Project: Barge Facility Replacement <\/ 4-74,I, 10 F Please indicate below your agency's position or vie‘Npoint on the proposed project and return this form by September 1, 2008, to Cathy Brittingham, 1638 Mail Service Center, Raleigh, NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /d —cl.c? 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AT7A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James N Gre son3 Director William G. Ross Jr.,Secretary August 11, 2008e DI V o� SEP 0 9 2008 it MEMORANDUM: cc,,gsr �� L.. TO: Pat McClain/James Simons EI oH GEME"' SEP 0 3 ZOOS Division of Land Quality FROM: DougHuggett ggett Morehead City DCM Major Permits Processing oordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT Project Location: The Little Alligator River on SR1229, Tyrrell Co. Proposed Project: Barge Facility Replacement Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1, 2008, to Cathy Brittingham, 1638 Mail Service Center, Raleigh, NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: /This This agency has no objection to the project as proposed. agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE (p ,i p�07 400 Commerce Avenue, Morehead City, North arolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper oaq_ctE,,,i A AP7A w —1117 0.1N, NCDENR ,„ North Carolina Department of Environment and Natural Resources ' o i. Division of Coastal Management 8,9 L.'. ' D., a s Michael F. Easley,Governor ames H. Gregson, Director William G. Ross Jr.,Secrete pcs ,.,,,a vED ,<<.,,,,,,, August 11, 2008 -'"" -`—"� 4" 1,, AUG2 6 2008 p'[ f it MEMORANDUM: 1111 ) Morehead City DCM �u�c, 2�a$ TO: Patti Fowler NC Department of Environmental Health -4EuL I N*AN ON 1 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review _______ Applicant: NC DOT 116 2 2 2008 11..j.;Project Location: The Little Alligator River on SR1229, Tyrrell Co - { Proposed Project: Barge Facility Replacement �f .Ll I I*ATI ON Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1, 2008, to Cathy Brittingham, 1638 Mai1;Service center, alecgh, NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadiey at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 4 This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ' --(0/ /1/1-'14 i 4ter` ' DATE X'� ,� 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper t AA( ,, 'Ivy ,_ 4,617,,A SFpQ NCDENR ?008 North Carolina Department of Environment and Natural Resources Division of Coastal Management ������ Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary ROAASIDE ENVIRONMENTAL UNIT August 11, 2008 174IFEHI Unit Head g Envir.Operations EC&Veg.Mgt. MEMORANDUM: U(J i G 6 at:1$ Field Oper. Eng. TO: Ken Pace Morehead City DCM AUG 1 4 2008 NC DOT, State Construction/Materials Branch Design S&W Engineering Rest Area FROM: Doug Huggett Vegetation Mgt. Beautification Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review :,,® 4r:r Applicant: NC DOT ) #,Z, �� 4O 11`' Project Location: The Little Alligator River on SR1229, Tyrrell Co . 408 ��Proposed Project: Barge Facility Replacement y �,qG� Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1,^20t18 qto:Cathy ttinghamx 1638 Mail Service Centers Raleigh NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. k This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED V D t \ c r.: S DATE 1 11 B 1% ? 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 04tioc. 606414 -1 J.- / b Al7A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 2223242s., MEMORANDUM: o/L ox, 4% 0" °� °�J ?,�`Q C` r10�a'y `,cfl © 0 bb o w S% 48 ^ V 00�3�t6, w TO: June W. Michaux, Director ''-Y, NC Department of Administration c,�.1,� . it a, 6 141 I FROM: DougHuggett C��`4' 4!`�!2 '�� gg - 10t 6 81-9c Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT Project Location: The Little Alligator River on SR1229, Tyrrell Co Proposed Project: Barge Facility Replacement Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 1, 2008, to Cathy Brittingham, 1638 Mail Service Center, Raleigh, NC 27699-1638. If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. ✓ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED _ . ‘� ..x \x\ DATE — \ "0c61 Iiiib 410 ommerce Aven e, orehead City, North Carolina 28557 Phone: 2 '-:08-2808\ FAX: 252-'-7-t330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Arraisii NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor James H. Gregson, Director William G.Ross Jr.,Secretary August 11, 2008 MED MEMORANDUM: AUG 1 3 2008 TO: John Thayer, Planning Manager Morehead City DCM Division of Coastal Management, Morehead City FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC DOT Project Location: The Little Alligator River on SR1229, Tyrrell Co Proposed Project: Barge Facility Replacement Please indicate below our a:enc 's .osition or vie .oint on the .ro.osed .ro.ect and return this form b If you have any questions regarding the proposed project,please contact Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. AL t A114 This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 08 /i Og 00 ommer a venue, ore ead City, North Caroli a 28557 Phone: 252-808-2808\ AX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H Gregson, Director William G. Ross Jr., Secretary MEMORANDUM To: Cathy Brittingham, DCM/DCM Permit Coordinator From: John A. Thayer Jr. AICP, Manager, CAMA Local Planning & Access Programs Date: August 14, 2008 Subject: Major Permit Application Request by NC DOT to replace their Barge Facility located adjacent the SR1229, HWY 64, and the Alligator River, Tyrrell County. LUP Determination: The proposal is consistent with and not in conflict the 1996 Tyrrell/Columbia Land Use Plan (LUP), certified by the CRC on January 23, 1998. Overview: The project involves the replacement of the existing 20'x40' loading dock along the Alligator River and three (3) small piers with a new 130' by 6' pier and three (3) 8' by 6' finger pier, another pier (24' by 4') at the floating boat-ramp (20' x 15') and finally installing 170' of steel pile bulkhead. AEC's involved are PTW, PTA, and ORW. Anticipated impacts associated with the project include about 210 cubic yards of high ground filled as well as 435.52 sf. of coastal wetlands being filled, and an additional 2246 sf. of open water filled. Shading, due to the piers, will increase by 1,320 sf. The Ecosystem Enhancement Program is offered to be used to mitigate the loss of coastal wetlands. LUP Considerations: The LUP's "land Classification Map' designates the site as `Community' and `Conservation'. Though the descriptive policy for the `Conservation' designation denotes that the LUP has more restrictive policies dealing with floating structures, signs, and mooring buoys than the both the ORW Management Plan and the 15A NCAC 7H rules (Page 131 & 132). No specific policy has been found applicable to this project. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper The following policy is applicable to any mitigation associated with wetland loss. Resource Protection Policy Statements (Page 140) (e) Tyrrell County opposes any 404 wetlands mitigation projects within Tyrrell County undertaken to replace 404 wetlands outside Tyrrell. However, the County shall support the acquisition of property within the Great Dismal Swamp Restoration Bank in order to meet wetland mitigation goals of areas inside or outside Tyrrell County. No other policies in the LUP are applicable to this request. Cc: Terry Moore, MHC District Manager Doug Huggett, DCM Major Permits Processing Coordinator ANT of DEPARTMENT OF THE ARMY a�e4 `lj ��ti WILMINGTON DISTRICT, CORPS OF ENGINEERS a \\;\� ����°° ", Washington Regulatory Field Office Post Office Box 1000 ��'` .`eFl I Washington, North Carolina 27889-1000 r e IN REPLY REFER TO �StA1'ESOf/ March 23,2009 Regulatory Division a , --.., Action ID No. SAW-2008-002461 r ' • N of c0.1` ` �5�009 T Mr. Jerry Jennings North Carolina Department of Transportation 113 Airport Drive, Suite 100 _ Edenton,North Carolina 27932 Dear Mr. Jennings: Reference your application for a Department of the Army permit to construct a bulkhead and barge docking facility at the existing barge docking and loading facility on the Little Alligator River in Tyrrell County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or • alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. a. Thank you for your time and cooperation. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/. If you have any questions,please contact me at the Washington Regulatory Field Office,telephone (252) 975-1616, extension 26. Sincerely, /j fha 13� cere d" William J. Biddlecome. Regulatory Project Manager Copies Furnished: Mr. Ron Sechler National Marine Fisheries Service,NOAA 101 Fivers Island Road Beaufort,NC 28516 Mr. Pete Benjamin Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ronald J. Mikaluk, Chief Wetlands Section—Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 2 ti Mr. Jim Hoadley Elizabeth City Field Office Division of Coastal Management NC Department of Environment, Health and Natural Resources 1367 U.S. 17 South Elizabeth City,North Carolina 27909 Mr. Garcy Ward NCDWQ Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Ms. Cathy Brittingham Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. David Wainwright Water Quality Section North Carolina Division of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 3 4667A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governer Director Secretary February 13, 2009 Mr. Clay Willis N.C. Department of Transportation Division One 113 Airport Drive, Suite 100 Edenton,NC 27932 Re: CAMA Major Permit Application to rebuild and improve an existing barge docking and loading facility on the Little Alligator River in Tyrrell County, North Carolina. Dear Mr. Willis: • This letter is in response to the permit application request under the Coastal Area Management Act (CAMA) from the N.C. Department of Transportation (NCDOT) for the above referenced project. On October 22, 2008, the Division of Coastal Management (DCM) sent a letter to NCDOT placing the above referenced project on hold due to additional information that was required prior to the Division taking final action on your application. This item is summarized below: 1. The N.C. Division of Water Quality (DWQ) determined that additional information is needed to complete review of your proposed project. Please be notified that on 2/12/09 DCM received a copy of the attached 401 Water Quality Certification dated 2/6/09 (DWQ Project No. 20081370 v.2) that was issued under General Water Quality Certification No. 3642 for this project. Therefore, processing of your CAMA permit application is hereby resumed. The revised 75-day permit processing deadline is February 10,2009. However, additional time is needed for this office to complete the review and make a decision on your request even though processing of the application is nearing completion. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would 1638 Mail Service Center,Raleigh,NC 27699-1638 One Phone:919-733-22931 FAX:919-733-1495 Internet:www.nccoastairnanagernent.net NorthCarolina An Equal Opportunity k Affirmative Action Employer Naturally make April 26, 2009 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, please do not hesitate to contact this office. Please feel free to contact me at (919) 733-2293 x238 or via e-mail at Cathy.Brittingham@ncmail.net if you have any questions concerning this matter. Sincerely,Cathy BritCeit -Z-Kg ham Transportation Project Coordinator cc: Jim Hoadley, DCM Bill Biddlecome, USACOE 1638 Mail Service Center,Raleigh,NC 27699-1638 One Phone:919-733-22931 FAX:919-733-1495 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity l Affirmative Action Employer Naturally Little Alligator River Barge facility revised permit application Subject: Little Alligator River Barge facility revised permit application From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Date: Wed, 11 Feb 2009 11:51:57 -0500 To: Travis Wilson <Travis.Wilson@ncwildlife.org>, Garcy Ward<Garcy.Ward@ncmail.net>, Kelly Spivey<Kelly.Spivey@ncmail.net> CC: Jim Hoadley<Jim.Hoadley@ncmail.net> Hello, Please find attached a request for your agency's comments on the revised NCDOT permit application for the Little Alligator River Barge facility in Tyrrell County. I believe that you all received a paper copy directly from NCDOT, including color versions of the attached permit drawings. However, if you did not, and you would like me to send you paper copies of any of this informaiton, please let me know. Please let Jim Hoadley or me know if you have any questions or concerns. Sincerely, Cathy Brittingham Cathy Brittingham Transportation Project Coordinator N.C. Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 x238 telephone (919) 733-1495 FAX 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. Content-Type: application/pdf Little Alligator River revised application.pdf Content-Encoding: base64 Content-Type: application/msword Request for permit comments.doc Content-Encoding: base64 1 of 1 2/11/2009 11:52 AM Aiiii NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary ERFCEu VIED February 11, 2009 MEMORANDUM: ,/Sacal, Wiry b \ 0MF MAR 9 nol TO: ijia y Ward, N.C. Division of Water Quality 0 vis Wilson, N.C. Wildlife Resources Commissi�llorehead City DCM evil S iv y .C. Division of Coastal Management S A. \A ‘'&c -e c ,,rn �o - . \ VS Ptce CC: Jim Hoadley, N.C. Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review APPLICANT: N.C. Department of Transportation PROJECT LOCATION: Little Alligator River,Tyrrell County , PROPOSED PROJECT: Rebuild and improve an existing barge docking and loading facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5th to Cathy Brittingham at the N.C. Division of Coastal Management Raleigh Office, 1638 Mail Service Center, Raleigh,NC 27699-1638. Based upon the NCDOT Project schedule, it would be greatly appreciated if you could submit your comments before that timeframe. If you have any questions regarding the proposed project,please contact Cathy Brittingham at (919)733-2293 x238 or Jim Hoadley at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. —This agency objects to the project for reasons described in the attached memo. Signed Date 1638 Mail Service Center, Raleigh,NC 27699-1638 One Phone:919-733-22931 FAX:919-733-1495 Internet:www.nccoastalmanagementnet NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally I ) ) o ire -cin c oT, O C/" IMF I u5A- c F Meeting Points: - Loading Dock on the East bank: - close proximity to the bridge structure -additional dolphin clusters would need - r' °t ' to be put in to protect bridge. -this would further complicate access in and out of the canal, if it was feasible to put a boat ramp in the canal. - the 3-4 ft. depth required to float the loaded barge is at a average distance of 10-12 ft. from the NWL on the east bank. - sheet pile would have to be placed about 9 ft. from the NWL for the crane to be able to reach the middle of the barge. - This would result in approximately 1,000 sq. ft. of surface water fill. - Wetland "BB"would be impacted and a portion of"CC"resulting in about 400 sq. ft. - the maneuverability of the tug and barge would be difficult, due to the bridge and the dock slips. There would only be 20 ft. between the front of the barge and the bridge and 30 ft. behind the tug and the docking slip # 2. - Boat ramp would be eliminated. The historical use of the ramp by the public and the county commissioners response would be strongly opposed to this. - Dot does not prohibit the use of the property for boat access, any use is done at the risk of the boat owners. If Dot were to build a new boat launch it would create a liability, because Dot would be creating a public boat launch and officially inviting the public to use the property. / PLAN VIEW Stfril,",_. ,uyRm h,,,,,, 2\...r, \ DETAILED DRAWING g01,T.Hrii e V C Ls A!e \ FOR LARGER VIEW SEE SHEET #5 I \ ` \ PROPOSED DOLPHINS 1..• : \Aikk/ / as g•�A \k \ 116 S \ SA•.,, SDE PROPO6,€D Dr' INS Q4. /4, •• (32• D1') \ \ PROPOSEL DOLPHIN! \ ,\ G�.LV Sir, Aliport tLi ' 40<00010111*7Lttns<r CLarta i® Of . `\ \ g 00 g'' <A PROPOSER DOLPHINS � `\ V��P \ F. PRO" DOLPHINS \ 3 \e\ II ROE \ \ °r \ (83'S(42')• 44‘ 9 / PR°Po�6p LOADING �\ \ \ BB�yy11tt - ,' t�( g'DytA X. .. ,_ \ E r RE!AO D • DyrA g� \ 10'Depth e. / �` . �. '' ROPO ED DOLPHI ; \ / t ` PROPOSED DOLPHIN �J /�� ,,f •' ROE •J; LOCATION TO SE DETERMINED IN THE FIELD 1,FGEND l{ •\ ( X 3l.) •• SY THE ENGINEER " 4� r 3'ny / PROPOSED FILL a�•,,`,- \ \ AjO 10'Dy,A 118.41 CU. YDS. / - PROPO, D LPXIN �� > PROPOSED FILL BELOW NWL ( ) $Gs / 3 D y \ ,_,3 5.s-) st 10'D.r'► r � '; i' tc„r,.till Q,4., 435.52 SQ. FT. OF COASTAL WETLANDS FILL 1 t �1\ TO BE MOVED C, ' 1„j�.T/�/.1 SiS I 1 .� `\ [ '�� {,.ItJ ,�I 209.48 CU. YDS. FILL PLµME�L ` ,)_ I.' I / >i 0151 i PROPOSED EULKHEAD 11; '1 / I / Roil s 0 } (BULKXEAD WILL t!SHEET PILE( ` /pp W 1�'Dgfi / li1/IL / 7 23 08,•• / LIS11)/ 1 :. EXIST.DOLRMINt C ur,t1 cNJR\-j pr,� i S 1 0qn " aoo/ N I / ` ��.u.J�(yR Ni....,'• g'UqM i C�I(1 4 f 0 M.• C- i {^, / ' / !B_ .-OPOSED PIER /� ` t� �� co�afia� e. irn a �/ // _ we1ta/'y / ' / S ezF �Isr. N. I( ` z- / i-sR i221 —_= ` I r— 1 T` ���` �°`P�tis NORTH CAROLINA DEPARTMENT OF TRANSPORTATION T` ��` DIVISION 1 .og •... 2•`� �� 113 AIRPORT DR. -II \. ��` EDENTON, NC 27932 (252)482-7977 1`` `` BRIDGE 4,89 `� WBS#: N/A 3 / Hrujtzo L R Hl41wre ` COUNTY:TYRRELL Sit 7axra /30** ��_ TO US 8s ,�� QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 34 IPe// �� ....... BASIN:PASQUOTANK SHEET#: 4 OF 5 �"........... / SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS ..... ..... ....... LAT. = 35.9461237 N ' LONG = 76.1271106 W s.,...., DRAWN BY:A.L. MULDER ' SCALE: 1' = 50' new dock_rdy_dtl.dgn 7/23/2008 2:07:09 PM . 2\\ $ \ ab. \. PROPOSED DOLPHINS \ X X*' -.00' PLAN VIEW • \ \.,7 \ • ��° 6/ 6'D� th DRAWING DETAILED kOGE ( PROPOSED ) Y\ PROPOSED D('' • INS OQ\#•� :• ( 52' 31' ) \ \ a ♦plos PROPOSEb DOLPHINS \ \ \ e10410:. \ 6'iept \'' \ \ \ \ \ •e h \ • dL. \ f \ \\ w• 6Dcpth •• PROPOSE DOLPHINS i�G \`\ p \ // PROPOSED DOLPHINS \ \ •'*el�fh \ �, a• 3` G \ \ rKDe h \ 'SS9j` ' / R.- 'cn.. \ / ♦ \ 4 R G E \ + \ "e; ' t)..---11)* - *' ' / )1( , 15' PROPOSES LOADING \ y E 'e..PIStpfj , Y'� ♦ 'Depth 6'Depth OQq / yJ • BE.REF10MED-- ZF �u/ F •• 27 • 6\73e. • \ O / / �� \• •ROPOSED DOLPHIN \ \ i' ..ri / y ♦ ♦ \ { • ` • \ • PROPOSED DOLPHIN t ♦�� •• •' •E`LOCATION TO BE DETERMINED IN THE FIELD / `" \ 3'Depth \ •ARGE •�• BY THE ENGINEER ` ` ( ._ PROP• 'ED FILL • \ PROPOSED FILL BELOW NWL ^., ♦ 3,D8 PROPO D DOLPHINS / \\ ♦ 6'Depth 10'Depth / • �`� / I PROPOSED FILL a 1\ ' ' afir. , \ TO BE REMOVE-. •�•• A"\ off �r / �, -37 i, P REVISED 7-23-08 PROPOSED BULKHEAD 170' e• 7." ( BULKHEAD WILL BE SHEET PILE ) 3 ti, 10'Depth NORTH CAROLINA DEPARTMENT OF TRANSPORTATION EXIST. DOLPHINS .P9 DIVISION 1 / TO BE REMOVED �� 113 AIRPORT DR. / • } EDENTON, NC 27932 (252) 482-7977 41,--‘ � � / , EXIST. DOLPHINS o.)," J6.2n COUNTY: TYRRELL WBS#: N/A QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 4• / 6'Depth 31- ��� )/ BASIN: PASQUOTANK SHEET#: 3 OF 5 �90., SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS ft/ /•t PROPOSED PIER Q140<ed 34 vti Ai- S J p-:/I) LAT. = 35.9461237 N 1 LONG. = 76.1271106 W 24.00' DRAWN BY:A.L. MULDER I SCALE: 1" = 30' new dock_rdy_dtl.dgn 7/23/2008 2:06:40 PM S Ak, PLAN VIEW Ai._„ ( EXISTING ) LEGEND _ 7 E;..., = COASTAL WETLANDS Fic x•s ly uis a ,228 PROD CT _ ,rNOTES: — - COLUMBIA EXIST. DOLPHINS ror �s AREA "AA" HAS 435.52 SQ. FT. OF COASTAL WETLANDS I 1 N. " '- 1229 AREA "BB" HAS 5.57 SQ. FT. OF COASTAL WETLANDS I EXIST• BARGE �1(Q� TO BE REMOVED K I rQ-" EXIST. DOLPHINS -�-: AREA "CC" HAS 926.81 SQ. FT. OF COASTAL WETLANDS /�LCJ y y L I EXIST DOLPHINS _ �I TO BE REMOVED 0uou sot { gater �; 1414 r Cis ws �:, 0 '� v. 1 F \ R I-FV • ''�. VICINITY MAP Teseneer Charles W. +° i / Of4§Ca"‘4/ �,'• 40 TO BE REMO D %P` /, — • 387 Airport Rd. ‹N tl r, yf,<.+ • Statesville,N.C. 28677 N -,s �Jtv,•:'`j/ /' >l•tiZ'`� / I I I / , \,.:�� `� �'� I ITO BE(REMOVE• f/ / / • _ •, � `' I / / I I I // \`\TO BE REMOVED °T S CommQ ^�•' I j & public W k °m ID rr0 � I I / s gwy I r � I l l ��' gwy sbia,N.C. 27925 I :pc I / / J. J. Haggerty, C. W. Haggerty • / /yam Colum I i I j I and James A. Haggerty / \ ` s'`"s ID l / / 524 South Howell St. \ / / Rocky Mount, N.C. 27804 woo �M / / s \� ```��� for `\ I l l R •\\\ ` \ \ NORTH CAROLINA DEPARTMENT OF TRANSPORTATION / DIVISION 1 �\ ��` �� � 113AIRPORTDR. Teseneer Charles W. ` EDENTON, NC 27932 (252) 482-7977 -,"_�i 387 Airport Rd. Statesville,N.C. 28677 WOODS \ COUNTY: TYRRELL WBS#: N/A \ • , • QUAD:COLUMBIA EAST DATE: JUNE 5, 2008 BASIN: PASQUOTANK SHEET#: 1 OF 5 SUBJECT: PROPOSED BULKHEAD, DOCK AND DOLPHINS LAT. = 35.9461237 N I LONG. = 76.1271106 W DRAWN BY:A.L. MULDER ' SCALE: 1" = 30' new dock_rdy_dtl.dgn 7/23/2008 2:05:43 PM RE:Little Alligator River Subject: RE: Little Alligator River From: "Willis,Thomas C" <tcwillis@ncdot.gov> Date: Tue, 28 Oct 2008 08:30:05 -0400 To: Cathy Brittingham <Cathy.Brittingham@ncmail.net> CC: Jim Hoadley<Jim.Hoadley@ncmail.net>, Sara Winslow <Sara.Winslow@ncmail.net>, Anne Deaton <Anne.Deaton@ncmail.net>, "garcy.ward@ncmail.net" <garcy.ward@ncmail.net>, "al.hodge@ncmail.net" <al.hodge@ncmail.net>, "doug.huggett@ncmail.net" <doug.huggett@ncmail.net>, "Biddlecome,William J SAW" <William.J.Biddlecome@usace.army.mil>, "Baker, Sterling D" <sbaker@ncdot.gov>, "Abel, John S" <jabel@ncdot.gov> It looks like November 12th will work for most people. I would like to schedule the meeting on Nov. 12th around 2:00. We can meet at the site on the Little Alligator. If anyone is unsure how to get there, let me know and I can give you directions. At this meeting I want to discuss options on the configuration of the loading dock and what is and isn't feasible, hopefully coming to a conclusion on the design and trying to avoid impacts as much as possible. Thanks for you effort with committing to meet with us on this project, Clay Original Message From: Cathy Brittingham [mailto:Cathy.Brittingham@ncmail.net] Sent: Thursday, October 23, 2008 2:12 PM To: Willis, Thomas C Cc: Jim Hoadley; Sara Winslow; Anne Deaton; garcy.ward@ncmail.net; al.hodge@ncmail.net; doug.huggett@ncmail.net; Biddlecome, William J SAW; Baker, Sterling D; Abel, John S Subject: Re: Little Alligator River October 29th would be a good day for me to attend. Jim Hoadley wrote: Clay The 29th of October is good for me as is the rest of that week with exception to the preconstruction meeting in Ahoskie. The second week of November would not be good for me as I am planning on taking that week off. Jim Willis, Thomas C wrote: Thanks, We can take a look at it. I think it would be helpful if we have a on-site meeting to discuss the project and configuration of the loading dock site. If you guys could let me know what days work for you over the next two weeks I will schedule the meeting. Clay Original Message From: Sara Winslow [mailto:Sara.Winslow@ncmail.net] Sent: Tuesday, October 21, 2008 10:20 AM To: Willis, Thomas C Cc: Anne Deaton; Jim.hoadley@ncmail.net; Cathy Brittingham; garcy.ward@ncmail.net; al.hodge@ncmail.net; doug.huggett@ncmail.net Subject: Re: Little Alligator River 1 of 2 11/6/2008 2:51 PM RE:Little Alligator River Clay I have reviewed the information you sent me yesterday (DOT letter to DWQ 10/2/08, and DWQ letter to DOT 10/17/08) . As indicated in our comments submitted August 28, 2008, DMF would remove its objections to the proposed project if the bulkhead was moved landward of the coastal wetlands and recommended that mitigation for any coastal wetland loss/impacts should be addressed on site. From the additional information you supplied, the Division would agree with the DWQ recommendations for the project. Relocating the proposed loading dock to the east side of the existing gravel lot where the current dock is located would significantly reduce impacts/loss to coastal wetlands. The Division realizes that another dock would have to be built that would be sufficient for the crane. Considering that DOT in their letter indicated concern for safe operating distance of the crane of 25 - 30 ft as the project was proposed this modification would aid in addressing this concern. The 130 ft access pier/barge mooring slips could be built as proposed and the barges moved the short distance to the loading area. The bulkhead currently proposed could be constructed landward of the coastal wetlands. Eliminating the fill of the wetlands and IPNA. A bulkhead constructed along the eastern side of the property would impact minimal wetlands. Sufficient water depths exist along the eastern shoreline as well. This agency realizes that with this modification the existing gravel boat ramp would be lost. Granted at times this ramp does receive considerable use by the public launching small vessels, whether for fishing or hunting. However, the existing "finger" canal (-30 ft wide) on the south side of the property where the wetland fringe is very narrow and an existing pier is proposed for removal a gravel ramp (-20 ft wide) could be "built" . This would continue to provide public access and should not impact the loading of barges. If you have any questions please let me know. thanks, Sara Willis, Thomas C wrote: Sarah, Did you get a chance to review the avoidance and minimization letter? We tried to reduce impacts as much as possible by eliminating the dredging and putting the first loading bay further out from the bulkhead. We are now at the limit of our 50 ton crane for loading the barge. If you could let me know how you want to proceed. I want to let DWQ know, so I can try and move forward on the project. Thanks, Clay Cathy Brittingham Transportation Project Coordinator N.C. Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 x238 telephone (919) 733-1495 FAX 2 of 2 11/6/2008 2:51 PM ll • As7A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary October 22, 2008 Mr. Clay Willis N.C. Department of Transportation Division One 113 Airport Drive, Suite 100 Edenton, NC 27932 Re: CAMA Major Permit Application to rebuild and improve an existing barge docking and loading facility on the Little Alligator River in Tyrrell County, North Carolina. Dear Mr. Willis: This letter is in response to a permit application request under the Coastal Area Management Act (CAMA)from the NC Department of Transportation (NCDOT) for the above referenced project. Processing of the permit application package for this project, which was received as complete by the Division of Coastal Management's (DCM's)Elizabeth City District office on August 6, 2008,is ongoing. However, it has been determined that additional information will be required prior to DCM taking final action on your application. This item is summarized below: 1. The N.C. Division of Water Quality(DWQ), by way of the attached letter dated October 17, 2008, has determined that additional information is needed to complete review of your proposed project. In that the rules of the Coastal Resources Commission state that "If the application is found to be incomplete or inaccurate after processing has begun or if additional information from the applicant is necessary to adequately assess the project, the processing shall be terminated pending receipt of the necessary changes or necessary information from the applicant" [T15A:07J.0204(d)],the Division has determined that in cases such as this, the additional information requested by DWQ must be obtained prior to the issuance of a CAMA permit. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the requested information for the proposed project is provided to DWQ, and a copy of the DWQ approval and/or comments are supplied to this office. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper As required by T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon resolution of the above listed item,DCM will resume processing of the application at the point where it was terminated. Please feel free to contact me at (919) 733-2293 x238 or via e-mail at Cathy.Brittingham@ncmail.net if you have any questions or concerns. Sincerely, Z'{ILY\ Cathy B ' ingham / Transportation Proj i ct Coordinator cc: Bill Biddlecome, USACOE Jim Hoadley, DCM Garcy Ward,DWQ Travis Wilson, WRC Sara Winslow,DMF OF W A rF9 Michael F.Easley,Governor � .: Q 0\ , G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins Director Division of Water Quality October 17,2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7008 1300 0001 0434 8386 RECEIVE D Mr.Clay Willis OCT 2 0 2008 Environmental Officer NC DOT,Division One 113 Airport Drive Suite 100 DIV. OF COASTAL MANAGEMENT Edenton,NC 27932 R A L E I G H Subject: Request for additional information. Proposed improvements to the barge loading and docking facility on the Little Alligator River in Tyrrell County. DWQ project number 20081370. Dear Mr.Willis: The Division of Water Quality has reviewed your response,dated received October 6,2008,to our hold letter requesting additional information for the aforementioned project. After review of you response,the Division feels that impacts to coastal wetlands and PNA waters could be further avoided and minimized by relocating the proposed loading dock to the east side of the gravel lot where the current dock is located. The 130' access pier and barge mooring slips could stay in the proposed location and barges could be moved the short distance to the loading dock when loading is necessary. Water depth on the east side is adequate without dredging and impacts to coastal marsh would be minimal. The total impacts to jurisdictional resources would therefore be greatly reduced. The Division realizes that this would affect access to the current boat launching site,but feels this is justified given the concerns from the resource agencies that the current proposal"will result in significant adverse impacts to fisheries resources and the associated habitat." Please explain why this would or would not be a feasible alternative. Also,feel free to include in your response any other alternatives that would minimize impacts to jurisdictional resources. Therefore,pursuant to 15A NCAC 2H.0507(a)(5),we will have to place the permit application on hold until we are supplied the necessary information. You have 21 business days to respond in writing with the requested information or notification to this office that the information is forthcoming. If,at the end of the 21 days,this office has not received this information in writing,we will assume you are withdrawing your application and it will be returned. Furthermore,until the information is received by the NC Division of Water Quality,we request(by copy of this letter)that the US Army Corps of Engineers place the permit application on hold. If you have any questions or require additional information, please contact Garcy Ward at(252)948-3922. Sincerely, Garcy Ward cc: Mr.Bill Biddlecome,US Army Corps of Engineers,Washington Field Office Mr.Doug Huggett,Division of Coastal Management,Morehead City t2Jim Hoadley,Division of Coastal Management,Elizabeth City thy Brittingham,Division of Coastal Management,Raleigh Sonia Gregory,DWQ,401/Wetlands Unit File Copy Noe Carolina N. C. Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 Naturally FAX(252)946-9215 Internet:www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Re:Little Alligator River Subject: Re: Little Alligator River From: Sara Winslow <Sara.Winslow@ncmail.net> Date: Tue, 21 Oct 2008 10:20:22 -0400 To: "Willis,Thomas C" <tcwillis@ncdot.gov> CC: Anne Deaton <Anne.Deaton@ncmail.net>, Jim.hoadley@ncmail.net, Cathy Brittingham <Cathy.Brittingham@ncmail.net>, garcy.ward@ncmail.net, al.hodge@ncmail.net, doug.huggett@ncmail.net Clay I have reviewed the information you sent me yesterday (DOT letter to DWQ 10/2/08, and DWQ letter to DOT 10/17/08) . As indicated in our comments submitted August 28, 2008, DMF would remove its objections to the proposed project if the bulkhead was moved landward of the coastal wetlands and recommended that mitigation for any coastal wetland loss/impacts should be addressed on site. From the additional information you supplied, the Division would agree with the DWQ recommendations for the project. Relocating the proposed loading dock to the east side of the existing gravel lot where the current dock is located would significantly reduce impacts/loss to coastal wetlands. The Division realizes that another dock would have to be built that would be sufficient for the crane. Considering that DOT in their letter indicated concern for safe operating distance of the crane of 25 - 30 ft as the project was proposed this modification would aid in addressing this concern. The 130 ft access pier/barge mooring slips could be built as proposed and the barges moved the short distance to the loading area. The bulkhead currently proposed could be constructed landward of the coastal wetlands. Eliminating the fill of the wetlands and IPNA. A bulkhead constructed along the eastern side of the property would impact minimal wetlands. Sufficient water depths exist along the eastern shoreline as well. This agency realizes that with this modification the existing gravel boat ramp would be lost. Granted at times this ramp does receive considerable use by the public launching small vessels, whether for fishing or hunting. However, the existing "finger" canal (-30 ft wide) on the south side of the property where the wetland fringe is very narrow and an existing pier is proposed for removal a gravel ramp (-20 ft wide) could be "built" . This would continue to provide public access and should not impact the loading of barges. If you have any questions please let me know. thanks, Sara Willis, Thomas C wrote: Sarah, Did you get a chance to review the avoidance and minimization letter? We tried to reduce impacts as much as possible by eliminating the dredging and putting the first loading bay further out from the bulkhead. We are now at the limit of our 50 ton crane for loading the barge. If you could let me know how you want to proceed. I want to let DWQ know, so I can try and move forward on the project. Thanks, Clay 1 of 1 11/6/2008 2:52 PM �0\- !V^r rhj Michael F.Easley,Governor ���. William G.Ross Jr.,Secretary '� North Carolina Department of Environment and Natural Resources Coleen H.Sullins Director Division of Water Quality October 17,2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7008 1300 0001 0434 8386 • k - Mr. Clay Willis . Environmental Officer OCT NC DOT,Division One 113 Airport Drive Suite 100 DIV. OF COASTAL MANAGEMENT Edenton,NC 27932 . RALEIGH Subject: Request for additional information. • Proposed improvements to the barge loading and docking facility on the Little Alligator River in Tyrrell County. DWQ project number 20081370. Dear Mr.Willis: The Division of Water Quality has reviewed your response, dated received October 6,2008,to our hold letter requesting additional information for the aforementioned project. After review of you response,the Division feels that impacts to coastal wetlands and PNA waters could be further avoided and minimized by relocating the proposed loading dock to the east side of the gravel lot where the current dock is located. The 130' access pier and barge mooring slips could stay in the proposed location and barges could be moved the short distance to the loading dock when loading is necessary. Water depth on the east side is adequate without dredging and impacts to coastal marsh would be minimal. The total impacts to jurisdictional resources would therefore be greatly reduced. The Division realizes that this would affect access to the current boat launching site,but feels this is justified given the concerns from the resource agencies that the current proposal"will result in significant adverse impacts to fisheries resources and the associated habitat." Please explain why this would or would not be a feasible alternative. Also, feel free to include in your response any other alternatives that would minimize impacts to jurisdictional resources. Therefore,pursuant to 15A NCAC 2H.0507(a)(5),we will have to place the permit application on hold until we are supplied the necessary information. You have 21 business days to respond in writing with the requested information or notification to this office that the information is forthcoming. If,at the end of the 21 days,this office has not received this information in writing,we will assume you are withdrawing your application and it will be returned. Furthermore,until the information is received by the NC Division of Water Quality,we request(by copy of this letter)that the US Army Corps of Engineers place the permit application on hold. If you have any questions or require additional information,please contact Garcy Ward at(252)948-3922. Sincerely, . Garcy Ward cc: Mr.Bill Biddlecome,US Army Corps of Engineers,Washington Field Office Mr.Doug Huggett,Division of Coastal Management,Morehead City Mr.Jim Hoadley,Division of Coastal Management,Elizabeth City 1, Cathy Brittingham,Division of Coastal Management,Raleigh Sonia Gregory,DWQ,401/Wetlands Unit File Copy Noy` Carolina N.C. Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 atlltalljf FAX(252)946-9215 Internet:www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F.EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 2,2008 fE C E I V Division of Water Quality 934 Washington Square Mall OCT 0 6 2008 Washington,N.C.27889 Dear Mr.GarcyWard, DIV OF COASTAL MANAGEMENT iRALEIGH The proposed project is being built to accommodate the bridge maintenance work barges and tugboat.The existing wooden dock facility has deteriorated and is inadequate for the current level of service needed to safely load and unload the DOT work barges.The bridge maintenance group has the important task of maintaining approximately 550 bridges in Division One.When this work requires the use of work barges and tugboat,it is very important that DOT have a facility that is centrally located and can be safely used to load and unload necessary supplies and equipment to respond quickly to bridge repairs. NCDOT currently has to use the loading dock facilities at Manns Harbor Ferry Shipyard to load and unload supplies and equipment.The Maims Harbor Facility is approximately 30 miles one way from the Little Alligator Dock and is in water that can often be difficult to travel through because of rough weather.The Manns Harbor dock configuration is not ideal for the height of our barges and creates a less than safe condition for loading and unloading the 50 ton work crane.With many of the bridges in Division One reaching the age that maintenance is becoming more of an issue,it is a great public benefit to have a bridge maintenance facility that can effectively react in a safe and timely manner to bridge maintenance needs. Many of the main travel corridors in Division One rely on bridges to move traffic over the sounds,rivers and creeks.This bridge maintenance loading dock will allow NCDOT to continue the important task of servicing the publics need to maintain these bridges and travel corridors well into the future. The configuration of the dock and loading facility was designed through an effort of avoidance and minimization of impacts to coastal wetlands,surface waters and public access to the Little Alligator River.NCDOT designed the project to preserve existing coastal wetlands defined as wetland"BB"and "CC"(932.38 sq.ft.)on the provided work plat.By keeping the dock and loading facility on the north side of the property avoidance to these wetlands has been accomplished. This has also allowed us to keep the boat ramp at the existing location,and eliminated the need to shift the boat ramp to the south,potentially impacting wetland"BB"and"CC".The alignment of the steel bulkhead along the northern shoreline was established to create a loading dock that would provide NCDOT the ability to dock a barge adjacent to the bulkhead and safely load and unload equipment and supplies.The safety of crane operators and the bridge maintenance work crew are a primary concern.In the process of loading heavy steel and concrete piles that are often 50-60 ft.in length,it is important to have a stable and level loading dock.This allows the crane operator not to be put in a precarious situation of booming out to the limit of the cranes ability to reach the barge.The 50 ton crane can only boom a safe operating distance of 25-30 ft.,with a 30,000 lb.concrete pile.The barge width is approximately 35 ft.in width;therefore the crane operator needs to be as close as possible to load the barge evenly.The provided drawings illustrate NCDOT has already stretched that safe operating limit by moving the barge out from the bulkhead.The crane will load and unload materials from the stable ground behind the sheet pile bulkhead.The 15ft.X 20 ft.on/off ramp is only used to crawl the crane onto the barge.The crane will not load equipment and materials from the on/off ramp,which isn't designed to handle those types of loads.If the on/off ramp were utilized for loading it would create a situation where the crane has to make a 180 degree turn for each loading movement.This will result in more swing time in the air,creating a greater risk for the workers involved in the loading operation.In addition the barge would likely have to be moved forward and backward to evenly distribute the load. All the additional movements create less than ideal loading conditions and create safety risk that can cause serious injury or death.It is important for the crane to have some mobility to track left and right while it is loading materials onto the barge.The materials will often come in on tractor trailer trucks that will be positioned in different ways according to the loads they are carrying. In order for a safe loading operation the crane may need to load from the west end of the loading dock or the east end,depending on the tractor trailer configuration.It is important for the men loading these heavy materials to have the flexibility to make safe decisions about the loading configuration and not be limited to a single narrow walkway. NCDOT went through a minimization effort by eliminating the original plan to dredge a small amount of material(123 cubic yards)in front of the steel sheet pile bulkhead.This would have allowed the barge to dock directly adjacent to the steel bulkhead making it safe and ideal for loading and unloading.After concerns were raised from the Wildlife Resource Commission over the dredging,NCDOT decided to eliminate the dredging and build a small on/off ramp that could be used to load and unload the crane and other equipment.The heavy materials(piles,etc.)would still be loaded and unloaded from the loading dock area located behind the steel sheet bulkhead. In the design of this project NCDOT minimized impacts to the Public Access of the Little Alligator River.This NCDOT property has a boat ramp on it that has been utilized by the public for over 30 years.NCDOT is sensitive to the fact that preserving public access to waters of the state is now a high priority,since much of the public access has been eliminated by coastal development.The only other access to this area is from the private boat ramp located at the Alligator River Bridge on US 64.The waters in the Alligator River can be very rough and can make it difficult for smaller boats to travel the 3 miles north,in unprotected waters get to the Little Alligator River.The Little Alligator River is a popular fishing destination and also has several fishing and hunting cabins on stilts located at the mouth of the river.These hunting cabins are used extensively in the winter months by duck hunters and are accessed by means of the DOT boat ramp. NCDOT's effort in the design of this rebuilt barge facility did attempt to avoid and minimize impacts as much as feasible and still have a facility that is safe and efficient for bridge maintenance works to utilize.The unavoidable impacts of 435 sq.ft.of coastal fringe wetland will be mitigated through the Ecosystem Enhancement Program.The unavoidable impacts to the 1598 sq.ft.of surface waters will allow NCDOT to have a Bridge Maintenance loading dock,which will enable NCDOT to maintain the many bridges in the Northeastern part of N.0 and on occasion in the eastern central.This facility will play a very important role in NCDOT's ability to maintain the major travel corridors in this part of the state. NCDOT appreciates your efforts in this matter and if you have questions concerning the provided information,please call me at 252-482-7977. Sincerely, Jerry Jennings,PE Acting Division One Engineer Clay Willis Division One E ronmental Officer CC: Sonia Gregory,DWQ Jim Hoadley,DCM Cathy Brittingham,DCM Doug Huggett,DCM Bill Biddlecome,COE Travis Wilson,WRC Sterling Baker,NCDOT John Abel,NCDOT FWATF 9 Michael F.Easley,Governor j0s 5:� William G.Ross Jr.,Secretary • t-- North Carolina Department of Environment and Natural Resources >_ O -� `C Coleen H.Sullins Director Division of Water Quality September 26,2008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7008 1300 0001 0434 8430 RECE1V ... L) Mr.Clay Willis SEP 3 0 2008 Environmental Officer NC DOT,Division One niV OF CCAS CAL MANAGEMENT 113 Airport Drive Suite 100 RALEIGH Edenton,NC 27932 Subject: Proposed improvements to the barge loading and docking facility on the Little Alligator River in Tyrrell County. DWQ project number 20081370. Dear Mr. Willis: The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the aforementioned project. Review of your application revealed it lacking necessary information required for making an informed permit decision. The permit application was deficient in the following areas: • Avoidance and minimization of jurisdictional areas. Please explain what efforts were made to avoid or minimize impacts to the coastal marsh and open water. Also,please address the following: (1) why the proposed fill of jurisdictional areas can not be avoided by extending the loading dock further landward,or (2)why the proposed amount of filled area can not be reduced by reconfiguring the bulkhead and confining the filled area immediately behind the loading dock. Therefore,pursuant to 15A NCAC 2H.0507(a)(5),we will have to place the permit application on hold until we are supplied the necessary information. You have 21 business days to respond in writing with the requested information or notification to this office that the information is forthcoming. If,at the end of the 21 days,this office has not received this information in writing,we will assume you are withdrawing your application and it will be returned. Furthermore,until the information is received by the NC Division of Water Quality,we request(by copy of this letter)that the US Army Corps of Engineers place the permit application on hold. If you have any questions or require additional information,please contact Garcy Ward at(252)948-3922. Sincerely, /f 'C.' Garcy Ward cc: Mr. Bill Biddlecome,US Army Corps of Engineers,Washington Field Office Mr.Jim Hoadley,Division of Coastal Management,Elizabeth City Cathy Brittingham,Division of Coastal Management,Raleigh Sonia Gregory,DWQ,401/Wetlands Unit File Copy N Caro'na N. C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)94fi-6481tliialijt FAX(252)946-9215 Internet:www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ;ator river project Subject: little aligator river project From: Doug Huggett<Doug.Huggett@ncmail.net> Date: Tue, 09 Sep 2008 15:03:22 -0400 To: Clay Willis <tcwillis@dot.state.nc.us> CC: Jim Hoadley<Jim.Hoadley@ncmail.net>, Cathy Brittingham<Cathy.Brittingham@ncmail.net> Clay I had the opportunity last week to discuss the little alligator river bulkhead issue with Jim Gregson, DCM Director. I outlined the issues to Jim, and after some discussion and pondering, Jim agreed with my opinion that the project as proposed probably cant be permitted under our rules. And as we previously discussed, I had talked this over with Ted Tyndall (DCM Assistant Director) several weeks ago when the issue first came up, and Ted was also of the same opinion. So, I am afraid that we are pretty unanimous that the project as proposed cant be permitted. If you have any further questions on where the processing of the application stands, please feel free to contact either Jim Hoadley or Cathy. Thanks Doug 1 of 1 9/9/2008 3:49 PM RE:NCDOT Barge facility on the Little Alligator River,Tyrrell County Subject: RE: NCDOT Barge facility on the Little Alligator River,Tyrrell County From: "Biddlecome,William J SAW" <William.J.Biddlecome@usace.army.mil> Date: Tue, 9 Sep 2008 13:45:30 -0400 To: "Cathy Brittingham" <Cathy.Brittingham@ncmail.net> Action ID # SAW-2008-02461, Processed as a GP 291, not issued yet, waiting on my comment period (September 27, 2008) to close. Original Message From: Cathy Brittingham [mailto:Cathy.Brittinghamancmail .net] Sent: Thursday, September 04, 2008 4:44 PM To: David Wainwright; Garcy Ward; Roger Thorpe; Travis Wilson; smtp-Winslow, Sara; Biddlecome, William J SAW Cc: Jim Hoadley Subject: NCDOT Barge facility on the Little Alligator River, Tyrrell County DCM is currently processing a CAMA major permit application from NCDOT to rebuild and improve an existing barge docking and loading facility on the Little Alligator River in Tyrrell County. DCM has not yet received comments from your agency on this CAMA permit application. Please submit your comments as soon as possible. Thank you. Bill - DCM will need the USACE Action ID No. , authorization type and issue date. David/Garcy - DCM will need the DWQ Project Number, Certification type and issue date. Thank you. Cathy Brittingham Cathy Brittingham Transportation Project Coordinator N.C. Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 x238 telephone (919) 733-1495 FAX 1 of 1 9/25/2008 4:46 PM NCDOT Barge facility on the Little Alligator River,Tyrrell County Subject: NCDOT Barge facility on the Little Alligator River, Tyrrell County From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Date: Thu, 04 Sep 2008 16:43:57 -0400 To: David Wainwright<David.Wainwright@ncmail.net>, Garcy Ward <Garcy.Ward@ncmail.net>, Roger Thorpe <Roger.Thorpe@ncmail.net>,Travis Wilson <Travis.Wilson@ncwildlife.org>, Sara Winslow <Sara.winslow@ncmail.net>, Bill Biddlecome <William.J.Biddlecome @ saw02.usace.army.mil> CC: Jim Hoadley<Jim.Hoadley@ncmail.net> DCM is currently processing a CAMA major permit application from NCDOT to rebuild and improve an existing barge docking and loading facility on the Little Alligator River in Tyrrell County. DCM has not yet received comments from your agency on this CAMA permit application. Please submit your comments as soon as possible. Thank you. Bill - DCM will need the USACE Action ID No. , authorization type and issue date. David/Garcy - DCM will need the DWQ Project Number, Certification type and issue date. Thank you. Cathy Brittingham Cathy Brittingham Transportation Project Coordinator N.C. Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 x238 telephone (919) 733-1495 FAX 1 of 1 11/6/2008 3:37 PM 1,647,7.:\ r.") STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 24,2008 Jim Hoadley Division of Coastal Management 1367 U.S. 17 South Elizabeth City,NC 27909 Dear Mr.Hoadley, Included with this letter is the adjacent landowner consent form that has been signed by the landowner. If any additional information is needed or you have questions about the provided information, please contact Clay Willis at 252-482-7977. Sincerely, Jerry Jennings,P.E. Division Engineer,Division One Clay Willis a''�' Environmental 0 icer,Division One CC:Bill Biddlecome,USACOE Garcy Ward,DWQ , Cathy Brittingham,NCDCM x m" Doug Hugget,NCDCM John Abel,NCDOT Sterling Baker,NCDOT QC. 4 °'V o . T' Z008 113 Airport Dr.,Suite 100,Edenton,NC 27932—Phone: (252)482-7977 Fax: (252)482-8722 WI/ ea • I'• f �. ADJACENT RIPARIAN LANDOWNER STATEMENT CONSENT TO CROSS RIPARIAN LINE Tyrrell County: Barge Dock Facility on Little Alligator River I, -- n an adjacent riparian property owner and am aware o Lie rth Carolina Department t of Transportation's plans for improvements to the Little Alligator River Barge Dock facility in Tyrrell County. I am further aware that this work will install a pier and docking facility that will cross my"Riparian Line" as shown on the provided plans dated 9/25/08. I have no objection and give my consent for the proposed development to take place within my riparian corridor. I have objections to the project as presently proposed and my comments are attached. Signature of Adjacent Landowner Date: /0 -lg -Di. Adjacent Property Owner on the Little Alligator Subject: Adjacent Property Owner on the Little Alligator From: "Willis, Thomas C" <tcwillis@ncdot.gov> Date: Tue, 14 Oct 2008 13:14:02 -0400 To: Jim Hoadley<Jim.Hoadley@ncmail.net>, Cathy Brittingham <Cathy.Brittingham@ncmail.net> I spoke with the Mr. Teseneer this afternoon, he told me he had no objections to the project and would sign the form and send it back to me. He was a little confused about having to send it back, which is why he has not done so. I will send you a the consent as soon as I receive it. Hopefully, with in the next few days. Thanks CLay 1 of 1 10/20/2008 11:01 AM fREC r-- J , - k:::: „i: v.,-3,76D ._ •,.-:. AUG 15 2008 ofc....4,�, 01v of ..: ��a CGgs AL I MEMORANDUM • a�-I�H"AGE,�`NT • TO: Melissa Sebastian, Accounts Payable Clerk, Morehead City . FROM: Yvonne Carver for Jim Hoadley, DOT Field Representative DATE: 08/14/08 SUBJECT: Debit to NCDOT's Account for a LAMA Permit Please debit DOT's account in the amount of$400 for the following CAMA permit request: Project: Shoreline stabilization, installation of pile clusters for moorings, pier/dock and loading ramp along Little Alligator River for Newfoundland's Bridge Maintenance Department County: Tyrrell Transportation Improvement Project (TIP) No.: n/a WBS Element No.: 1SP.10891.4 General Permit No.: n/a Major Permit: YES Fee Division DCM: 240 (60%) DWQ: 160 (40%) Please contact our office if you need further information. Thank you. Cc: Cathy Brittingham, DCM, Raleigh • MAJOR PERMIT FEE MATRIX Applicant: NCDOT Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: �III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: Air,A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary August 11, 2008 Mr. Clay Willis Division Environmental Officer N.C. Dept. of Transportation 113 Airport Dr. Suite 100 Edenton, N.C. 27932 Dear Mr. Willis: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted to this office by you for State approval for development at Little Alligator River Barge Facility within the AEC public trust, Tyrrell County. It was received completed on December August 7, 2008, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 20, 2008. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 7, 2008, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDOT Replacement of the Little Alligator River Barge Facility in Tyrrell Co. August 11, 2008 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Jim Hoadley Coastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator NOT Ici3 CAMA PERMIT APPlIED PROJECT: Ct J a aeeryi /7UI aJ/k�e�c�l /se K ro' : er / A 'r 3 pierr $5e4. 1t o' 4� ��f �� 7 P a/ .�dfrkeksi-erS COMMENTS ACCEPTED THROUGH I- OS _ O $ APPLICANT FOR MORE DETAILS CONTACT �L2) /� THE LOCAL P R IT OFFICER BELOW: . / 4(61•A� ,h(Afi ...Div t$'6�1 3otk tilkftmerAelvir //5 4 r rf ()Si. .5*.•;,'t C'SL1 S t•;. Se.06\ ,ado ,cj, /V c, dL6e 4 etky , 27 Roc( /, • At e 7 • ettilt): kie a teV 4 ilam• (/4 ' Ws ! ftoL ; z,st- - Ttb1 Z t Ai;�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary RECEI . - FAX MEMORANDUM V AUG 1 3 2008 TO: The Coastland Times "',i Cr- 1'3'FAL MANAGEMENT Manteo, NC 27954 r ,:LEIGH FROM: Jim Hoadley DOT Field Representative DATE: August 11, 2008 SUBJECT: Public Notice: North Carolina Department of Transportation Please publish the attached Notice in the Thursday, August 14, 2008 issue of Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, c/o Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper