NCDOT 43-79 SR 1005 Smith Creek & Kershaw Creek

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State of North Carolina
Department of Natural Resources and Community Development
A FEDERAL PERMIT IS REQUIR A PERMIT
CONTACT U. S. ARMY CORPS OF 43-79
ENGINEERS,P. 0. BOX 1890 TO EXCAVATE AND/OR FILL Permit No.
WILMINGTON. N. C. 28401
(Re: N.C. G.S. 113-229) Permit Class
Issued to: N. C. Department of Transportation, Div. of Highways New
P. O. Box 25201, Raleigh, North Carolina 27611
This permit authorizes excavation and/or filling in -- Pamlico County, N.C.
at Smith Creek - Kershaw Creek (SR 1005 crossing) _ as requested in the permittee's
application dated 6/1/78; incl. attached plats, sheets 1&2 of 2 dated 4/78 subject to
the conditions set forth below.
A
(1) That the proposed fill areas must be surrounded by silt screens adequa•- �!
to contain all fill material and prevent sedimentation from reaching .e r..
Smith Creek and Kershaw Creek. That silt screens be maintained until •
the banks and slopes have been stabilized. I
(2) That all fill material be obtained from an upland source and confined
by silt screens. R ''
(3) That the old causeway at both the Smith Creek and Kershaw Creek sites a
be removed and the grade restored to that of the surrounding marshland •
elevation.
(4) That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 JTU's or less are not considered signifi-
cant) .
NOTE: The permittee is cautioned that both Smith Creek and Kershaw Creek serve
as important nursery areas and provide habitats for adult marine species.
That all activity at the Smith Creek and Kershaw Creek location should be
conducted in a manner so as to control sedimentation at all times.
IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE
APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE-
CISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT,OR CIVIL ACTION AS PROVID-
ED IN G.S. 113-229 (K) AND IL►.
This permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure
to gibmit such objection shall be interpreted as an agreement of compliance with all permit conditions.
This permit must be displayed along with a copy of the application and the project plat in the cab(or pilot-
house) of the equipment working on the project, or be easily accessible, on site, to Department personnel
when the project is inspected.
Any maintenance work or project modification requires further Departmental approval. Subject to permit
renewal, all work must ease when the permit terminates.
This permit terminates on--December 31, 1981 Signed by the authority of the Secretary
March 22, 1979 E. Walton Jones, Deputy Secretary
Issuing Date: --- — —
Departmen of Natural Resources
Community Development
Form D&F-g
Revised 7/77

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Permit Number �°�jlV BD Permit Class
43-79 New
MAR 2g ��(��
State of North Carolina M�� f�SH. t /
Coastal Resources Commissionl Dp.t & F\L1 �F,G //
irmit
FOR MAJOR DEVELOPMENT IN AN AREA OF ENVIRONME T-i e • 'N /
(Re: N.C.G.S. 113A-118) /
Issued to NC Department of Transportation, Div. of. Highways, P. 0. Box 25201, Raleigh, NC
Pamlico Count N.
This permit authorizes development in YI C•I
at Smith Creek - Kershaw Creek (SR 1005 Crossing) . •,' , as requested in the permittee's /
application dated 6/1/78 - - /
subject to the conditions set forth below. , • , /
(1) That the ` roposed fill areas must be surrounded by silt acraens adequate /
. to con§in all," fill material and prevent sedimentation, from reaching /
Smith;'Creek,and Kershaw Creek. That silt screens be maintained until /
/ the banks 'aru ' slopes have been stabilized. ,.
...
/ (2) That.E'all fill ;material be obtained from an upland source and confined
by silt; screens'. '. ,
/ (3) That' the old causeway at both the Smith Creek and KetehaW Creek sites /
be removed and the grade restored to that of the s trbutn4ing marshland /
elevation. fk' 7.
(4) That in order to protect Water Quality, runoff from the Spoil 'area must not significantly increase the turbidity or suspended sediments;in the
adjacent/waters. NOTE: Enforcement personnel will detarrnine an increase
as significant if the turbidity level exceeds 25 Jacks?n Turbidity Units
(which is a Measure of suspended sediments .
/
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NOTE: The permitte is cautioned 'that both kntith Creek andl, ershaw Creek serve /
as important nursery areas and provide habitats Ifor`;a8tilt marine species. /
That''all' activity at the Smith Creek and Kershaw Creak location`should be /
conducted in a manner so as to control sedimentation at' all times.
/ ,
, IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION ,
, (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY,THE PERMITTEE IS SUBJECT ,
, TO A FINE,IMPRISONMENT,OR CIVIL ACTION AS PROVIDED IN G.S. 113-126. /
/
, This permit must be displayed along with a copy of the project /
plat in the cab (or pilothouse) of the equipment working on '-,..- /
/ the project, or be eayly accessible, on site, to Department . Signed by the authority of the Chairman of the Coastal ,
, personnel when the project is inspected. .. Resources Commission. /
/ /
Any maintenance work or project modification requires / /
further Departmental approval. All work must cease when the , `_ /
.d1 Join
, permit expires, unless the permit is renewed. /
Kenneth D. Stewart,Director
/ Office of Coastal Management /
/December 31, 1982
Permit expires on /
Issuing date March 22, 1979 Signature of Applicant /
/ /
/ /

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North Carolina Department of Natural
/'� Resources &Community Development -
James B. Hunt, Jr., Governor Howard N. Lee, Secretary
June 6, 1978 74,,4 .Aj-
SEC_ ; i
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Mr. Doug Nelson I
Estuarine Management Section .W N 8 197$ J+
Division of Marine Fisheries
Box 769 Div. MAR. FISH.
Morehead City, North Carolina 28557 DREDGE & FILL MGT.
Dear Mr. Nelson: ----- R__
The attached copy of an application submitted by:
N. C. Dept. of Transp.-Div. of Highways
Applicant's Name
Replace Hwy. bridges over Smith Creel & Kershaw Creek Pamlico .
Loc
ation of Project County
for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development permit. . .
rifor a CAMA major development permit (only) . . .
. . .is being circulated to State and Federal agencies having jurisdic-
tion over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint
on the proposed work and return it to me not later than
June 2 , 1978
Parker, you apparently rec'd copies of "add. info." Sincerely,
with Edgerton' s letter of 2-6-79. BT
David A. Adams
Assistant Secretary
for Natural Resources
DAA/lt
(Please use reverse side for comments and signature) .
P.O. Box 27687 Raleigh, North Carolina 27611
An Equal Opportunity Affirmative Action Employer

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L (A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project as pro-
posed. The objection is based upon findings which lead to the
conclusion that there will be one or more adverse effects as
covered in G.S. 113-229 (e) 1-5.
(e) (1) . . .that there will be significant adverse effect
of the proposed dredging and filling on the use of
the water by the public;
(e) (2) . . .that there will be significant adverse effect
on the value and enjoyment of the property of any
riparian owners;
(e) (3) . . .that there will be significant adverse effect
on public health, safety, and welfare;
(e) (4) . . .that there will be significant adverse effect
on the conservation of public and private water
supplies;
(e) (5) . . .that there will be significant adverse effect
on wildlife or fresh water, estuarine or marine
fisheries;
l l (C) CAMA Major Development. This agency objects to the project as
proposed. The objection is based upon findings which lead to
the conclusion that a violation would occur as covered in G.S.
113A-120 and/or 15 NCAC 71. The following reference indicates
the specific citation by which objections have been made.
I (D) Agency findings relating to item(s) A and/or B and/or C are here-
by detailed.
l J (E) Comments are submitted that do not directly relate to item B
t J and/or C but are relevant to the public interest. (These comments
will be forwarded by the Department of Natural Resources and
Community Development to appropriate State or Federal agencies) .
signed
date

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Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
February 7, 1979
MEMORANDUM TO - John Parker
From Bob Pittman
Subject App. for State permit - DOT 6-178
Location - Pamlico County - near Oriental
Investigative process - App. rec. Raleigh 6-5-78; Morehead 6-8-78. Inspected pro-
ject site 6-21-78 and req. onsite meeting 7-6-78. Had on-site meeting 7-18-78 and
req. add. info. 7-19 - rec. 2-7-79.
Environmental setting - DOT proposes to replace two bridges in Pamlico County
at Smith Creek and Kershaw Creek.
Smith Creek - The present bridge structure at this location is located about 1/4
mile from the headwaters of the Smith Creek. At this particular point, the creek
measures some (open waters) 30' wide, with approximately 100' wide borders of marsh
grass separating the open waters of the creek from the high ground on either side
of the creek. The west side marshland consists of a mixture of Distichlis and
Juncus, with the east side composed of a mixture of cattails and Distichlis. For
the most part, the salinities of the creek at this particular point approach 0 and
provide habitat for "inland" gamefish species, primarily consisting of large mouth
bass and pumpkinseed.
Project Description (Smith Creek) - DOT proposes to replace the existing wooden
structure with a new bridge to be located just north, and adjacent to, the old
structure. The proposal will require the filling of some 3600 sq.ft. of marshland
on the west bridge approach, and some 5400 sq.ft. of marshland on the east bridge
approach. Rock rip-rap will be placed at the toe of the approaches in order to
control sedimentation.
Environmental impact (Smith Creek)- As proposed, roughly two acres of marshland
will be consumed as a result of the intended action. In order to mitigate the
marshland destruction, DOT has agreed to remove the old bridge approaches and re-
store the grade to the surrounding elevation. Marsh grass will be sprigged in the
newly restored area in order to lessen the environmental damage created by the new
approaches.
Environmental setting -(Kershaw Creek) - The existing bridge at Kershaw Creek is
located about 1/2 mile down stream from the headwaters. The open waters of the
creek are roughly 25' wide at this particular location. The creek is bordered
on either side by bands of giant cordgrass (Spartina cynosuroides) which mea-
sure roughly 130' wide on the east side of the creek, and approximately 60' wide
on the west side of the creek. Salinities at this particular location of the
creek approximate 0 and provide habitat for "inland" species such as large mouth
bass and pumpkinseed.
Project Description (Kershaw Creek) - DOT proposes to replace the old existing
bridge with a new structure to be located some 50' downstream from the present
crossing. Some 2000 sq.ft. of giant cordgrass will be consumed by the construc-
tion of a new approach on the west side of the project, with roughly 4800 sq.ft.
of giant cordgrass to be consumed by the east side approach. In order to miti-
gate the destruction of this marshland, DOT will remove the old bridge approaches

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and restore the approach way to the existing marshland elevation. The area restored
will be sprigged with marshgrass in order to revegetate these areas.
Environmental impact - Kershaw Creek) - The Kershaw Creek project will consume
about two acres of wetlands - however, the destruction will be mitigated duethe
grade restoration of the old approaches.
The intended work will create some turbidity due to upland run-off. This problem
can be lessened and largely eliminated by the use of siltscreens and other sedi-
ment control measures.
CAMA REVIEW - The review for the dredge and fill permit is considered to be
sufficient for purposes of evaluating permit under CAMA Guidelines. Conditions
are applicable to both permits.
Bob Pittman

` Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
February 7, 1979
Re: App. for State permit - DOT
No objection with the following conditions:
1. That the proposed fill areas must be surrounded by silt screens adequate
to contain all fill material and sedimentation from reaching Smith Creek
and Kershaw Creek.
2. That all fill material be obtained from an upland source and confined by
silt screens.
3. That the old causeway at both the Smith Creek and Kershaw Creek sites must
be removed and the grade restored to that of the surrounding marshland
elevation.
4. DOT is cautioned that both Smith Creek and Kershaw Creek serve as impor-
tant nursery areas and provide habitats for adult marine species. All
activity at the Smith Creek and Kershaw Creek locations should be con-
ducted in such a manner that sedimentation is controlled at all times.
CAMA Permit - Same as above.
Bob Pittman

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RECEIVED
-� ;_:k��/�, FrPt 7 1979
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION t-
RALEIGH 27611 f�
February 6 , 1979
JAMES B. HUNT,J R.
GOVERNOR DIVISION OF HIGHWAYS
THOMAS W. BRADSHAW,JR.
SECRETARY
Mr. Robert B. Pittman
Environmental Consultant
Division of Marine Fisheries
Box 769
Morehead City, N. C. 28557
Subject : Proposed Replacement of Highway Bridges over Smith
Creek and Kershaw Creek near Oriental
Project 8. 2250501 - Pamlico County (0-37)
Dear Mr. Pittman :
Attached is correspondence relating to our resolution with
the Federal agencies the replacement of sub.iect two bridges by
removing the old causeways at both sites as mitigating actions .
Please process our application as expeditiously as possible
as this matter had escaped our attention since receiving the
Federal approvals .
Your expeditious handling will be appreciated.
Yours very truly,
C. R. Edgert , PE
Manager of Technical Services
CRE :t
att .
cc : Mr. John Parker, with copies of the correspondence

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Division of Ecological Services
310 New Bern Ave. Room 468
Raleigh, North Carolina 27601
September 9, 1978
District Engineer
U.S. Army Corps of Engineers
P.O. Box 189fl
Wilmington, North Carolina 28402
Dear Sir:
As stated in my July 24, 1978 letter to you, the U.S.Fish
and Wildlife Service has reviewed public notice SAWCO 78—
N—000342 dated June 15, 1978, and objects to issuance of the
permit requested by the Division of Highways, N.C . Depart—
ment of Transportation unless the bridging will extend over
- - both sides and no marsh is excavated or filled at either
crossing.
Subsequently, an onsite meeting was held between a National
Marine Fisheries Service Environmental Consultant and the
Division of Highways at which time a mitigation proposal
was set forth by the Division of Highways. This proposal
called for removal of the old causeways associated with
the projects in such a manner as to permit restoration of
marshland.
The National Marine Fisheries Service and the U.S. Fish and
Wil li`e Servioe were requested to re—evaluate the proposal
in a letter from Mr. C .E. Edgerton of the Division of High—
ways on July 25, 1978, a copy of which was sent to you. As
so indicated in Mr. Edgerton's letter Mr. Robert B. Pittman,
Environmental Consultant, accuratedly represented our concern
over a similar proposal being circumvented in the construc—
tion of a bridge over the Intracoastal Waterway in Brunswick
County. Whereas we agree that the Division of Highways acted
in good faith on that project, the. County of Brunswick negated
the permit condition requiring removal of the old causeway
and restoring the marsh. Thus, the Fish and Wildlife Service
was reluctant to accept the present mitigation proposal in
view of potential circumstances beyond the control of the
Division of Highways .

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However, we were assured by a letter dated August.'_11, 1978
from Mr. Edgerton, to Mr. Bob Robinson, USFWS, that the
mitigation plans will be included in the plans and specifica—
tions for letting the project. Thus, the conditions set forth
in my July 24., 1978 letter are hereby recinded.
The Fish and Wildlife Service would have no objection to the
project provided the following condtions become a part of the
issued permit:
1. Grade of the old causeways at both sited will be restored
to the elevation of the adjacent marshland.
2. The material removed from the old causeways will be dispensed
of in an upland disposal site.
3 . The areas restored to marsh elevation will be sprigged
with black needlerush (Juncus roemerianus) ,spike grass
(Scirpus robustus) and big cordgrass (Spartina cynosuroides)
As appropriate to maintain vegetation zonation in the
marsh.
This is the report of the U.S. Fish and Wildlife Service and
the Department of the Interior and is submitted in accordance
with provisions of the Fish and Wildlife Coordination Act
(48 Stat . 401, as amended; 16 U.S.C. 661 et seq. )
Sincerely yours,
Bob A. Robinson
Field Supervisor

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
RALEIGH 27611
JAMES B. HUNT,JR. August 25, 1978
GOVERNOR DIVISION OF HIGHWAYS
THOMAS W. BRADSHAW,JR.
SECRETARY
Mr. William H. Stevenson
Regional Director
National Marine Fisheries Service
Duval Building
9450 Koger Boulevard
St . Petersburg, Fla. 33702
Dear Mr . Stevenson:
Reference is made to your letter of August 18, 1978, in
regard to the proposed construction covered by Public Notice
SAWCO78-N-069-000-342 .
We also regret you were unable to attend the meeting with
Mr. Pittman; however, this meeting was not arranged by this
office and I thought at the time that proper arrangements had
been made for all interested parties to be present . More de-
tailed advanced arrangements will be made for such meetings in
the future .
I am enclosing a letter to Mr. Bob A. Robinson, of the
U. S . Fish and Wildlife Service , containing a commitment from
the Department of Transportation to include in the Plans and
Specifications for these two bridge replacements the mitigating
items requested by the Fish and Wildlife Service , as well as
National Marine Fisheries . The only thing not covered in the
letter to Mr. Robinson is item 4 in your letter outlining the
proposed construction techniques to accomplish the mitigation.
It is planned that normal construction techniques will be used
for the removal of the old causeways and bridges and our Land-
scape Department will be responsible for the reestablishment of
the vegetation.
If you desire more complete details as far as construction
techniques and procedures , or if you have any suggestions for
techniques to . be utilized, if you would advise , we will be most

Mr. Stevenson -2- 8-25-78
happy to consider them.
Thank you for your consideration in this matter and if
anytime you have suggestions concerning your areas of interest
in regard to Department of Transportation activities , we will be
most receptive to them.
Yours very truly,
C. R. Edgerton, PE
Manager of Technical Services
CRE :t
att .
cc : Mr. D. W. Patrick
Mr. L. H. Berrier, Jr.
Mr. W. M. Ingram
Mr . G. E . Wells
Mr. A. L. Hankins , Jr.
U ., S . Corps of Engineers (Wilmington Office , Attn : Mr. Hollis )
(with copy of letter to Mr. Robinson)

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• '+t•IT Of�Oti
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R UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
to r` NATIONAL MARINE FISHERIES SERVICE
INT.co
Duval Building
9450 Koger Boulevard
St. Petersburg, FL 33702
August 18, 1978 \'r`
24 )
Mr. C. R. Edgerton, PE '�,�� Qua
Manager Technical Services
N.C. Department of Transportation GIiIS.� � Ur "''' ""S j
Raleigh, NC 27611 '�, TECNNi _ ;,I��/S"/;'
\. may
Dear Mr. Edgerton:
This responds to your July 25, 1978, letter to Mr. Randy Cheek
on the proposed replacement bridges over Smith Creek and Kershaw
Creek near Oriental , North Carolina (Public Notice SAWCO 78-N-
069-000-342) . We were requested to reconsider our position
that the bridges be lengthened to span wetlands in lieu of a
proposal to mitigate wetland losses by removing the old bridge
causeways.
We regret that we were unable to attend your meeting with Mr .
Pittman. Unfortunately, we were given inadequate advance notice
and the proposed meeting was not coordinated with other federal
agencies objecting to the project. We suggest that sufficient
lead time be provided for future meetings of this nature and
all objecting agencies as well as a representative of the Corps
be included.
Regarding your proposed mitigation, we would be pleased to con-
sider such a proposal . We suggest that a mitigation plan incor-
porating the following features be drafted and submitted to us
for review.
1. Removal of the old causeway fill to an upland site ;
2 . Removal of the fills to the elevation and configuration
of the wetlands adjacent to the mitigation areas ;
3. Reestablish the same plant zonations that occur in
adjacent areas. This should be accomplished by sprigging
during spring when the plants have the greatest chance for sur-
vival; and
4 . Outline of proposed construction techniques to accom-
plish the mitigation.
,oturnoti
NOM ';_
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'''>6 191C' o.Y.

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Once the mitigation plan is drafted and agreed upon by all
concerned agencies, we would be amenable to withdrawing or
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recommendation for bridge lengthening in favor of incorporating
the mitigation plan.
If we can be of further assistance, please advise.
SincerOly, % � 2
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William 11. Stevenson
Regional Director

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
RALEIGH 27611
JAMES B. HUNT,JR August 11, 1978
GOVERNOR DIVISION OF HIGHWAYS
THOMAS W. BRADSHAW,JR.
SECRETARY
Mr. Bob A. Robinson
Field Supervisor
U . S . Fish and Wildlife Service
Division of Ecological Services
310 New Bern Avenue , Room 468
Raleigh, N . C . 27601
Subject : Project 8 . 2250501 - Pamlico County (0-37)
Proposed Replacement of Highway Bridges over
Smith Creek and Kershaw Creek between Arapahoe
and Oriental
Dear Mr. Robinson:
Thank you for your letter of August 10, 1978 concerning
the response of U. S. Fish and Wildlife to the Public Notice
SAWCO78-N-069-000342 •
We are in agreement with your analysis of the situation
and it is regretted that the mitigation plans were not properly
presented in our application for your review.
As recommended in your letter, the Division of Highways
will include in the plans and specifications for the letting
of the project the following provisions :
1. Grade of the old causeway at both sites will be restored
to the elevation of adjacent marshland.
2 . The material removed from the old causeways and structures
will be disposed of in an upland disposal site .
3. The areas restored to marsh elevation will be sprigged
with black needlerush (Juncus roemerianus ) spike grass
(Scirpus robustus ) and big cordgrass (Spartina cynosur-
oides ) as appropriate to maintain vegetative zonation
in the marsh .

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Mr. Robinson -2- 8-11-78
If you require additional information in this matter
in order to withdraw your objections from the issuing of the
404 Permit, please contact this office .
Yours very truly ,
e.,e
C . R. Edger n, PE
Manager of Technical Services
CRE:t
cc : Mr . D. W. Patrick
Mr. L. H. Berrier, Jr.
Mr. W. M. Ingram
Mr. G. E. Wells
Mr. A. L. Hankins, Jr.

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t'y United States _Department of the Interior - •
% ' FISH AND WILDLIFE SERVICE
Division of Ecological Services n►g
310 New Bern Ave. Room 468 ; '; lI
Raleigh, North Carolina 27601 • {�
August 10,1978. (MANN
Mr. C. R. Edgerton, PE
Manager of Technical Services
Division of Highways
N.C. Department of Transportation
Raleigh, North Carolina 27611
Subject: Proposed Replacement of Highway Bridges over Smith Creek
and Kershaw Creek near Oriental - Project 8.2250501-
Pamlico County (0-37)
Dear Mr. Edgerton:
This responds to your letter to me dated July 25, 1978 regarding
the subject project. The U.S. Fish and Wildlife Service reviewed
Public Notice SAWCO 78-N-069-000342, conducted a site visit
on July 13, 1978 and provided a letter to the District Engineer
on July 24, 1978. In that letter, the Service recommended denial
of the permit unless 1 . The bridging will extend over any marsh
present at both sites and 2. No marsh is to be excavated or
filled at either crossing. These recommendations were based
soley upon the project plans accompanying the public notice
and the onsite inspection of the marsh resources that would
be impacted.
In view of this , I feel obliged to address several issues raised
in your July 25, 1978 letter. First, we too regret that a
representative from this office could not be present for the
onsite field review held on July 18, 1978. However, this office
was not informed of the meeting until July 17, 1978 which did
not permit a realistic time frame for us to schedule a biologist
to attend.
Second, we do not question whether the Division of Highways
acted in good faith with regard to the proposal to remove
the old causeway associated with the Intracoastal Waterway

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bridge in Brunswick County. The fact remains that this
mitigating measure was never implemented and the marshland
was not restored to productivity. This concerns us
greatly.
Third, the mitigation plans presently proposed for removing the old
' bridge approaches at Kershaw and Smith Creek were not contained in the
public notice and had not been brought to our attention prior to receipt
of your letter. As you are aware, we have generally regarded offsetting
of losses through marsh restoration favorably when you have
requested our technical assistance in project planning.
Thus , as you requested, we have reviewed this project in light
of the old bridge approaches being removed as a partially
mitigating effect. We find this proposal acceptable under
�••� the conditions which follow:
1 . Grade of the old causeways at both sites
will be restored to the elevation of adjacent
marshland.
2. The material removed from the old causeways will
be disposed of in an upland disposal site.
loot 3. The areas restored to marsh elevation will be
sprigged with black needlerush (Juncus roemerianus )
spike crass (Scirpus robustus) and big cordgrass
(Spartina cynosuroides) as appropriate to
maintain vegetative zonation in the marsh.
Upon receipt of a firm committment in writing from the Division
of Highways to implement the mitigation proposal , the conditions set
forth in our July 24, 1978 letter to the District Engineer, Wilmington
District Corps of Engineers, will be withdrawn.
Sincerely yours ,
k
Bob A. Robinson
A Field Supervisor
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DIVISION OF
1216ss MARINE FISHERIES
, North Carolina Department of Natural
Edward G. McCoy
NIT Resources &Community Development Director
Box 769,Morehead City 28557
James B. Hunt, Jr., Governor Howard N. Lee, Secretary Telephone [phone]
E. Lee Barham, Jr.
Deputy Director
July 19, 1978 Box phon Raleigh27611
Telephone [phone]
Mr. C. R. Edgerton
N. C. Dept. of Transportatf`ttr,
P. �. Box 25201
Raleigh, N. C. 27611
Dear Charlie:
I am writing to confirm our meeting on July 18, 1978, in Pamlico
County at the Smith Creek and Kershaw Creek bridge projects. The
purpose of the meeting was to discuss possible alternatives to the
present proposals which will result in the destruction of marshland
at both locations.
I understand from our meeting that the old bridge approaches will
be removed to the existing marsh elevation in order to mitigate
marshland destruction as a result of the new bridge approaches. Be-
' fore finalizing plans on the projects, however, I understand you
wish to discuss this mitigation proposal with the US F&WL Service
and the NMFS.
We will continue to hold your present application in our pending file
in accordance with Subchapter 3D.0106 of Marine Fisheries Regulations
until we hear from you concerning your meeting with federal agencies.
If you have additional questions, or I may be of further assistance,
please feel free to contact me at any time.
Cordially yours,
Qj *—
� fe -r‘J,t 41
RBP/rt Robert B. Pittman, Jr.
li
CC: J.Parker, Ral. Environmental Consultant
G.Willett, CRC
S.Critcher, WLRC
K.Jolly, F&WL
R.Cheek, NMFS
S.Thomas, F&WL
C.Hollis Corps
An Lquul Opportunity Affirmative Action Employer

DIVISION OF
`aARINE FISHERIES
North Carolina Department of Natural Edward G. McCoy
ger Resources &Community Development Director
Box 769, Morehead City 28557
James B. Hunt,Jr., Governor Howard N. Lee, Secret ,.,, Telephone [phone]
E. Lee Barham,Jr.
Deputy Director
July 6, 1978 Box 27687, Raleigh 27611
Telephone [phone]
u
E
Mr. C. R. Edgerton
N. C. Dept. of Transportation -
PO Box 25201
Raleigh, N. C. 27611
Dear Charlie:
We have received from our Raleigh office DOT' s application for a
State dredge and fill permit involving the replacement of the
Smith Creek bridge and Kershaw Creek bridge in Pamlico County.
I made a routine investigation of the project site on June 21,
1978.
Due to the proposed marsh destruction involved in both projects, I
anticipate objections from both State and federal review agencies
as the project is presently proposed. I suggest that you contact
me at your earliest convenience so an on-site meeting can be held
with you or your representatives to discuss possible alternatives
to the present proposal.
We are placing the application in our pending file in accordance
to Subchapter 3D.0106 of Marine Fisheries Regulations until we
hear from you on this matter. I look forward to your early re-
sponse.
Cordially yours,�-�..
(4C-R.j. • �1 rs'utit v.„..-
CC: J.Parker, Ral. Robert B. Pittman, Jr.
G.Willett, CRC Environmental Consultant
S.Critcher, WLRC
C.Hollis, Corps
R.Cheek, NMFS
An Equal Opportunity Affirmative Action Employer

APPLICATION
• FOR
342 w
• PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATE
WATER QUALITY CERTIFICATION .tJl'� �j 1978
CAMA PERMIT FOR MAJOR DEVELOPMENT
State of North Carolina Department of the Army
Department of Natural Resources& Community Development DIVE OfolikiiitkfifOiginmington District
(GS 113-229, 143-215.3 (a) (1), 143-215.3 (c), 113A-118 (33 CFR 209. 320-329)
Department of Administration
(GS 146-12)
Please type or print and fill in all blanks. If information is not applicable,so indicate by placing N/A in blank.
I. Applicant Information
A. Name N. C . Department of Transportation—Division of Highways
Last First Middle
B. Address P. 0. Box 25201
Street, P.O. Box or Route
Raleigh, North Carolina 27611 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Pamlico
B. 1. City, town,community or landmark Near Oriental
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Replace
Highway bridges over Smith Creek (Site 1) and Kershaw Creek (Site 2)
III. Description of Project
A. 1. Maintenance of existing project 2. New work x (improvement)
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other Highway length 285' width +50' depth 6 r (max.)
C. 1. Bulkhead length N/A . Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 5300 2. Type of material Muck
E. Fill material to be placed below MHW(see also VI. A)
1. Cubic yards 5300 2. Type of material Sand
IV. Land Type,Disposal Area,and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal area 1. Location Upland site
2. Do you claim title to disposal area? R/W Dept. to negotiate easement
D. Fill material source if fill is to be trucked in BOiivw Pit
E. How will excavated material be entrapped and erosion controlled? By approved earth dike
F. Type of equipment to be used Dump truck, dozer, grader, dragline
G. Will marshland be crossed in transporting equipment to project site? If yes,explain No
D&F-B1
Rev. 3/78

• V. Intended Use of Project Area(Describe) ,
A. 1'. Private
2. Commercial
3. Housing Development or Industrial
4. Other Public Highway
B. 1. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes, X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion(if known): Unknown
VII I. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area,if applicable: None required previously
IX. Length of time required to complete project: 12 months
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property.OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8Y2 X 11" white paper(see instruction booklet for
details). Note: Original drawings preferred-only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229(d) Enter date served See nDn
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
A Public Meeting and a Public Hearing have been held. Transcripts are available.
Landowners have been or will be contacted individually by Right of Way Branch.
DATE 6-1-78 '
Appli r s Signature
Manager of Technical Services
Send one completed copy each to:
Assistant Secretary for Natural Resources District Engineer
Department of Natural Resources& Community Development Wilmington District Corps of Engineers
P. O. Box 27687 P.O. Box 1890
Raleigh, North Carolina 27611 Wilmington, North Carolina 28401
Ph. 919-733-4006 (Note: attach Corps transmittal letter)
Ph. 919-763-9971 Ext. 565
D&F-B2
Rev. 3/78

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•
North Carolina Department of Natural
' Resources &Community Dt • as - a
James B. Hunt, Jr., Governor Ho, atlE .
Division cf Environme , al Management
June 12, 197; JUN( 26
ciV. MAR. ftSH.
TO: ,Mr. Marshall Staton - N.C. Division of Health Sery & Fat MGT
Mr. Robert B. Hazel - N.C. Wildlife Resources Commis-s'
Mr, Larry E. Tise - N.C. Division of Archives & Hist$
my.. Paul J. Traina - Environmental Protect4a ' 'en
GMr. Doug Nelson - Division of Mar isheries
Subje . Section 401 Certification
Department of Transportation P oposed
Bridge Replacement Project, P..mlico
County
Gentlemen:
Attached is an application filed with the Division of Environmental
Management requesting certification that the discharge(s) occuring as a
result of the subject project will not violate applicable water quality
standards. This request is in accordance with Section 401 of the Federal
Water Pollution Control Act Amendments of 1972 which require any applicant
for a Federal license or permit to conduct any activity which may result in
a discharge into navigable waters , to obtain certification from the State
that the discharge will not violate water quality standards. Certification
is required- before the Federal license or permit may be issued.
The attached application is being circulated to the State and Federal
agencies having jurisdiction over the subject matter which might be affected
by the project. If, upon reviewing the attached material , your office wishes
to submit comments, please do so in writing no later than July 18, 1978
If you have any questions or desire additional information , please
advise.
Sincerely,
L. P. Benton, Jr. , Chief
Water Quality Section
Attachment vt, &IIt V
cc: U.S. Army Corps of Engineers
Mr. J. W. Reid
,;yti2119T
P.O. Box 27687 Raleigh, North Carolina 27611 DIV, 9E ORINE uZN'ES
An Equal Opportunity Affirmative Action Employer

N.
PUBLIC NOTICE
NORTH CAROLINA APPLICATION FOR 401
PAMLICO COUNTY CERTIFICATION
TAKE NOTICE that the North Carolina Department of Transportation ,
Raleigh, North Carolina, has made application to the North Carolina
Division of Environmental Management for certification that the discharge
of fill material into a wetland areas adjacent to Smith Creek and Kershaw
Creek will not violate applicable quality standards.
The Department of Transportation proposes to replace the bridges
over Smith Creek and Kershaw Creek along SR 1005 near the Town of Oriental .
This work will result in the placement of approximately 5000 cubic yards
of sand fill in the marsh area adjacent to Smith Creek and approximately
2800 cubic yards of fill in the area adjacent to Kershaw Creek.
Additional information concerning this project may be reviewed at the
offices of the Water Quality Section, Division of Environmental Management,
512 North Salisbury Street, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment
of reproduction costs.
The Division of Environmental Management proposes to take final action
in the issuance of the certification on or after the 21st day of July, 1978 .
All persons desiring to make comments regarding the applications should
do so in writing, delivered to the Division of Environmental Management,
P. 0. Box 27687, Raleigh, N. C. 27611 on or before the 18th day of July
1978
This the it - day of,,f...&
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. F. McRorie, Director

1,` fi
. _
"......
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
RALEIGH 27611
JAMES B. HUNT,JR. June 1 , 1978
GOVERNOR DIVISION OF HIGHWAYS
THOMAS W. BRADSHAW,JR.
SECRETARY
.
•
MEMORANDUM TO: Mr. Page Benton, Chief , •
Water Quality Section qqa�
Division of Environmental Man;getient
Dept . of Natural Resources & Community Development
FROM: C. R. Edgerton, PE d -
Manager of Technical Services
SUBJECT: Water Quality Certification - Proposed Replacement
of Highway Bridges over Smith Creek and Kershaw
Creek near Oriental - Project 8 . 2250501 -
Pamlico County (0-37 )
The Division of Highways , hereby , makes application for
Water Quality Certification for work required in the proposed
replacement of subject bridges in Pamlico County .
I am attaching the original and 7 copies of the application
along with like number of copies of drawings (sheets 1 and 2 )
showing the details of proposed construction.
Your handling of this request is appreciated and if additional
information is needed to process the application, please contact
me .
CRE: t
att .
cc : Mr. W. M. Ingram
Mr. G. E. Wells
Mr. A. L. Hankins , Jr .

APPLICATION
•s, FOR
PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR DEVELOPMENT
State of North Carolina Department of the Army
Department of Natural Resources& Community Development Corps of Engineers,Wilmington District
(GS 113-229, 143-215.3 (a) (1), 143-215.3 (c), 113A-118 (33 CFR 209. 320-329)
Department of Administration
(GS 146-12)
Please type or print and fill in all blanks. If information is not applicable,so indicate by placing N/A in blank.
I. Applicant Information
A. Name N . C . Department of Transportation—Division of Highways
Last First Middle
B. Address P . 0. Box 25201
Street, P.O. Box or Route
Raleigh, North Carolina 27611 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Pamlico
B. 1. City, town, community or landmark Near Oriental
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Replace
Highway bridges over Smith Creek (Site 1) and Kershaw Creek (Site 2)
III. Description of Project
A. 1. Maintenance of existing project 2. New work x (improvement)
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other Highway length 285' width +50' depth 6 r (max. )
C. 1. Bulkhead length N/A . Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 5300 2. Type of material Muck
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 5300 2. Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal area 1. Location Upland site
2. Do you claim title to disposal area? R/W Dept. to negotiate easement
D. Fill material source if fill is to be trucked in Borrow Pit
E. How will excavated material be entrapped and erosion controlled? By approved earth dike
F. Type of equipment to be used Dump truck, dozer, grader, dragline
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
D&F-B 1
Rev. 3/78

j V. Intended Use of Project Area(Describe) •
'1-aA: 1. Private
•
2. Commercial
3. Housing Development or Industrial
4. Other Public Highway
B. 1. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known): Unknown
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: None required previously
IX. Length of time required to complete project: 12 months
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 81/2 X 11" white paper(see instruction booklet for
details). Note: Original drawings preferred -only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229(d) Enter date served See "D'r
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
A Public Meeting and a Public Hearing have been held. Transcripts are available.
Landowners have been or will be contacted individually by Right of Way Branch.
DATE 6-1-78
Appli r s Signature
Manager of Technical Services
Send one completed copy each to:
Assistant Secretary for Natural Resources District Engineer
Department of Natural Resources& Community Development Wilmington District Corps of Engineers
P. O. Box 27687 P.O. Box 1890
Raleigh, North Carolina 27611 Wilmington, North Carolina 28401
Ph. 919-733-4006 (Note: attach Corps transmittal letter)
Ph. 919-763-9971 Ext. 565
D&F-B2
Rev. 3/78

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j•-•" () PUBLIC NOT CE o:`oly. LJ
p _n
NORTH CAROLINA APPLICATION F 401
PAMLICO COUNTY CERTIFICATION
TAiCNOTICE that the North Carolina Department of Transportation,
Raleigh, North Carolina, has made application to the North Carolina
Division of Environmental Management for certification that the discharge
of fill material into a wetland areas adjacent to Smith Creek and Kershaw
Creek will not violate applicable quality standards.
The Department of Transportation proposes to replace the bridges
over Smith Creek and Kershaw Creek along SR 1005 near the Town of Oriental .
This work will result in the placement of approximately 5000 cubic yards
of sand fill in the marsh area adjacent to Smith Creek and approximately
2800 cubic yards of fill in the area adjacent to Kershaw Creek.
Additional information concerning this project may be reviewed at the
offices of the Water Quality Section, Division of Environmental Management,
512 North Salisbury Street, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment
of reproduction costs.
The Division of Environmental Management proposes to take final action
in the issuance of the certification on or after the 21st day of July, 1978 .
All persons desiring to make comments regarding the applications should
do so in writing, delivered to the Division of Environmental Management,
P. 0. Box 27687, Raleigh, N. C. 27611 on or before the 18th day of July
1978 .
This the i - day of—. .
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. F. McRorie, Director

•
G‘);\7);� NMFS SERO
FIELD INVESTIGATION REPORT
I. Investigation Type: Section 10 404
'Awn* �N-CG
A. Public Notice No. woo 34 2- Date 6--{S=T% Agency._Co,-/. o/= ruo •
Date Received 6-/6 -78 Extension To
B. Pre Application Activity Date Agency
C. Post Application Activity Date Agency
II. Applicant's Name & Address: N . C . - Q 0 . 1. ear ?}.-i.743 /
III. Water Body & Location of Work (City, County, State) : fr&-cJiae, i '� �`4
Nco (r - 0P / '41 ( /d — - C C .
/
IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.):
7'6J . elegy —/-d cs dp
� -es
A. Water Dependent: Yes X No Both
B. Intended Use: V Public Private Both
V. Description of Project (Append schematic of plans):
5 tr4A. Cc- '•t E (%-c.c. cy.,•�fi'A.A STh P(00 6„rd.? . _.
A. ill or Spoil Area: 5; .: C'.. - 76/X65 4,1 X 6 �
1. Dimensions:
5.+«4=,= ?,Tot o 1.4e.
2. Total Area: Ers}-cu,,...r.r4rA5 (Wetland) (Non-Wetland)
a. Area Vegetated Wetlands: /S, r9
(Submergent) (Emergent) / ;
b. Area non-vegetated wetlands: //GAL
(Subme rgen t) (Emergent)

•
3. Method(s) to retain materials: A$SJMe- 5e.d,.'•-4 -? /�t�✓c '
A A,i.1 y-v4 G Ei
4. Method(s) to prevent erosion: 4 SS 5.4:'.s Fe. e
5. Intended use of fill area: L�;e: },,,. (' °4t /f/•P'..-c.k)
B. Dredge or Borrow. Area: S", ?Lr Qs •o
1. Dimensions (Length, width, depth):
2. Total Area: /c, ?-a d' e'/` ..1.4. (Wetland) (Non-we tland)
a. Area Vegetated Wetlands: IS; $ S
(Submergent) (Emergent) J sj .1'2f .�• .
3. Quantity of materials to be excavated S", to ea (cu. yds.)
Polluted: Yes X No Unknown
Pollutants (Apparent Source)
4. Kinds of materials to be excavated (e.g. silt): S '/7 _ .
)
5. Intended use of excavated area: re) GG M✓lh.e_ :l7 - - -
6. Methods of excavation: A c 5(ma _ etreg— l%mot?
7. Will borrow area be backfilled: s/ Yes No
If yes, with what type material and where will it be obtained?
C. Description of property adjacent to project site and in area of project
influence (e.g., residential, industrial, etc. , and extent ofdevelopment):)
S r.% �•-c.e - h c rc 5 r 44 ; co r ( �c N / 1;;.^s
tie-Skwc✓ T-.-ce '._— he)n, e 5oMe' / ao / ei:Sfgw7`
ft v►`a( e: tt -' /a o Lait v C

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3
D. Project Operation (if applicable) :
VI. Habitat Description of Project Site and/or Area of Project Influence
(Append Map and Annotated Photos):
Area 1
A. Vegetated Wetlands Dredged Filled Other2
1. Predominant
Emergent Species
1 M ; i�, 0,'sweiv s d Xdacc'5 Mi1C twst 6;d . (7!")(6°)
S"., 14 f 4. Di 5 fie% ti s. d- t 1, 'A&. /4; d(.9 f'x6o r> : r7s a ,rf-. =
Kc.v-S4a.64..) - ; c 7 10. s,fiat .g t west $lot a (4" rjCyo >/8 ,41.1 ,
Yf e+�s�►.-�,. Sn.�.�-ri�►... l ytio. S.1:d 5 fv"ed 6 CS 5%dc G$S'X ier')=ze.I
2. Predominant ev-rJS,C.
Submerged Species �`'
B . Non-Vegetated Wetlands
1 / Source of data ( i. e . , planimeter, estimate, etc. )
2/ Define ( e .g . , vegetation to be affected by impoundment or water
level manipulation)

4
• C. Fish and shellfish resources (list predominant species and identify their
primary use of area, e.g., designation of primary nursery by a state) :
: C . h'c•-1 C...r C a-, 4 r- L p..-/ ��f, VigiL4
h o a.r cv e, } G r4 6 d p e ,4 r c edit- -cask 4 ea./ 44,4 •-5
r �/o✓t o� A-. r.� C a- /l e - TZ e_. 5lt c-y'/=+
l0 e 6�35 C E_ P r.ram► e N '- a ✓p' /.^'a.. M a ✓i�.✓��
a-s . 50.,, Sr,d r A- GJtd ci.-a..
c.-,/ T.`; Teit- We-if c..
5i _ S co Cv.ss;✓S S 5e.Mr e- fi5 p.-,Mt / -de 4.447`it
6:i4►s- , '5 kai. i.1":
Source of information (i.e. , personal observation, literature, etc.) :
pia s`r ✓tf(v+J
D. Endangered, protected or threatened marine mammal, turtle, or fish
species (list species source of information and note use of habitat as to
M-migration, F-feeding, S-spawning/breeding) :
E. Biological significance of area (describe briefly the importance or
relationship of proposed work area to fishery resources in area of
project influence, e.g., source of detritus, etc.):
•,�.,ra� -�— F.2 — 6d74. c .ee4__S . P- c
A., Az
.��,�v.►.134 ;- ,'.eJ (ca L✓ e /a.c.,..r yr

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VII. Potential direct and indirect effect of environmental alteration on fishery
resources and/or their use (Brief Summary) : L.c c v fol-lo4t T
VI II. Project alternatives that could prevent or reduce impact on fishery
resources:
A. Held in abeyance (summarize reasons, e.g., not enough information
in Public Notice or pending EIS):
B. Modifications
1. Design (summarize, e.g. , reduced length, width, depth; select
different spoil disposal sites, etc.):
/e eit,A— 6 c ,c_ 1 ca-a S S r .4-4--s ",
r c,
2. Operation (summarize, e.g., maximize tidal flushing, water levels,
monitoring, etc.) : •

t

•
3. Location (e.g., alternative site):
IX. Other Comments (i.e. , project was discussed with applicant, etc.):
X. Field Reconnaissance Data:
A. Investigator(s)
Name Agency/Firm
(c`�v6 He C. /`'t • /�•
B. Date of Investigation G/2//7 g time /4 •
CL v
a -"- -✓f ' r• 4 .,- 0 • , �C-S �.a.•✓ 0—4 E
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✓,i•L 7" s .5-49l7› -r`PPp 1);*$ 4 4 s
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DEPARTMENT OF THE ARMY j1'r,•„r
1
Wilmington District, Corps of Engineers i
P. 0. Box 1890 4
Wilmington, North Carolina 28402 , 6 \9I
I �v;c 1
SAWC078-N-069-000342 '• ri5;June 19)
PUBLIC NOTICE
..fir a t'' � '
T L —r-. 1
THE NORTH CAROLINA DIVISION OF TRANSPORTATION, DIVISION OF HIGHWAYS, PO Box 2520i., Raleighf-North Carolias`-27611;
has made application for a Department of the Army permit TO PLACE FILL MATERIAL NW-WETLANDS AREA TQ_JROV15E
REPLACEMENT OF HIGHWAY BRIDGES OVER SMITH CREEK AND KERSHAW CREEK ON SR 1005 NEAR•.ORIENTA7:__Pemi1co County, North
Carolina.
The following description of the proposed work is taken from data submitted by the applicant and from observations
made during an onsite visit by a representative from t rps of Engineers. Plans submitted with the application
show proposed excavation by dragline of approximately 5300 ubic yards of highly organic material which is to be
placed and retained in an upland diked area. The appl nt proposes to place 5300 cubic yards of sand fill material
within the excavare�a— r eaatto serve as a base for proposed new road alignments and bridge structures. The excavation
limits for both bridges are in areas of mixed wetlands vegetation consisting primarily of black needlerush (Juncus
romerianus) marsh. The purpose of the proposed work is to improve a public highway (SR 1005 through wetlands adjacent
to Smith Creek and Kershaw Creek near Oriental). Plans outlining the proposed work are included with this public
notice.
4
The District Engineer has made a preliminary determination that an Environmental Impact Statement under Section
102(2)(c) of the National Environmental Policy Act of 1969 is not required. This determination will be reviewed
considering facts submitted in response to this public notice.
This application is being considered pursuant to Sectio 404(b of the Federal Water Pollution Control Act Amendments
of 1972 (33 U.S.C. 1344). Any person may request, in t ng within the comment period specified in the notice, that
a public hearing be held to consider this application. Requests for public hearing shall state, with particularity,
the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of Historic Places for the
presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this
workaite is not included as registered property or property listed as being eligible for inclusion in the Register.
Consultation of the National Register constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources. Presently unknown archaeological, scientific,
prehistorical, or historical data may be lost or destroyed by work to be accomplished under the requested permit.
The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations,
that the proposed activity will not affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based upon evaluation of the probable impact of the proposed activity
on the public interest and will include application of the guidelines promulgated by the Administrator, Environmental
Protection Agency, under authority of Section 404(b) of the Federal Water Pollution Control Act. That decision willel-
reflect the national concern for both protection and utilization of important resources. The benefit which reasonably
may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All
factors which may be relevant to the proposal will be considered; among those are conservation, economics, esthetics,
general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation,
recreation, water supply, water quality, energy needs, safety, food production,and in general, the needs and welfare
of the people. No permit will be granted unless its issuance is found to be in the public interest.
Written comments pertinent to the proposed work, as outlined above, will be received in this office, ATTN: Mr. Allen
Piner, until 4:45 p.m., 17 July 1978.
22.-- ' (---- '
v . STER
Executive Assistant

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JUL 12 1978
STATE OF NORTH CAROLINA t,. :MA'S aS11•
DEPARTMENT OF TRANSPORTATION a. MGT
RALEIGH 27611 . .�
JAMES B. HUNT,JR. July 10, 1978
GOVERNOR DIVISION OF HIGH t
THOMAS W. BRADSHAW,JR.
SECRETARY
Reference :
SAWC078-N-048-000240
District Engineer
U. S . Corps of Engineers
P. 0. Box 1890
Wilmington, N. C . 28402
Attention: Mr. Cliff Winefordner
Regulatory Functions Branch
Dear Sir:
Reference your letter of 7 July 1978 concerning the proposed
relocation of SR 1300 near Ponzer, Hyde County, North Carolina.
We are in the process of revising permit applications which
will reflect relocation similar to that suggested in your letter
of 28 April 1978. These adjustments to the location should
mitigate somewhat any adverse environmental effects .
As soon as these drawings have been completed, we will
furnish them to your office .
It is regretted you were not advised that we were proceeding
to study relocations for this section. However, we did not think
it would take quite this long to accomplish the preparation of
the amended application.
Yours very truly,
C . R. Edgerton, PE
Manager of Technical Services
CRE :t
cc : L4 r. P ston Pate >'

•
1'r1T OF
tr`k° n dcn
e 4'�\'\I/ DEPARTMENT OF THE ARMY
4 2 WILMINGTON DISTRICT. CORPS OF ENGINEERS
q d1! �j M P. O. BOX 1890
k+ _„.4,_ i P' WILMINGTON. NORTH CAROLINA 28402
61 NCO SiA TF.S V{PM4P
IN REPLY REFER TO
SAwc078-N-048-000240 7 July 1978
RECEIVED
Mr. C. R. Edgerton, P.E. JUL 10 1918
Manag?r_T " al Service
Dw. MAR.
L NC Division of Highway - VACTi.
:
PO Box 25201 DREDGE
Raleigh, NC 27611 __ 10--
Dear Mr. Edgerton:
By letter dated 28 April 1978 you were advised of our concern over your
proposed relocation of SR 1300 near Ponzer, Hyde County, North Carolina.
We requested that you consider an alternative route or furnish additional
information as to why your proposed route alignment was necessary.
To date we have not received revised plans nor any indication that you
wish to pursue this project. Please advise us of your intentions within
10 days of your receipt of this letter.
If we do not hear from you within this time, we will assume you do not
wish to pursue this application and the file will be retired. If you
have questions, please contact Mr. Steve Brown, telephone (919) 343-4632.
Sincerely yours,
CHARLES W. HOLLIS
Chief, Regulatory Functions Branch
z
CF: /
Mr. Preston Pate
NC Di ision of ine Fisheries
PO Bo 769
Morehea City, NC 28557
CERTIFIED MAIL - RETURN RECEIPT REQUESTED

2
z OpRECEIVED
�4 � \� �/°�f,��\ DEPARTMENT OF" THE ARMY
a� ,. � �i WILMINGTON DISTRICT. CORPS OF ENGINEERS
4;. . _
W 1� 1 y P. O. BOX 1890
CI �I a. l WILMINGTON. NORTH CAROLINA 28402 JUN 10 1 9
O STAif.1 O'P� ,
IN REPLY REFER TO DIV. MAR. FISH.
SAWC078-N-069-000342 7 June 1979 DREDGE & FILL MGT. d
fo,i; (.? '3
z
NC Department f Transpor ation
Division of ighways
PO Box 25201
Raleigh, NC
Gentlemen:
In accordance with the written t of - June 197 and the ensuing
administrative record, there 's inclosed a permit to lace fill material
in wetlands adjacent to Smith reek and Kersha ek to provide
replacement of bridges on SR 100 mental , Pamlico County, North
Carolina.
If any change in the authorized 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. Such action is necessary
as revised plans must be reviewed and the permit modified.
Please carefully read your permit. The general and special conditions
are important. Your failure to comply with these conditions could
result in a violation of Federal law. Certain significant general
conditions require that:
1 . You must begin your work on or before 31 May 1980 and complete
construction before 31 December 1982.
2. You must notify this office in advance as to when you intend to
commence and complete work.
3. You must allow representatives from this office to make
periodic visits to your worksite as deemed necessary to assure
compliance with permit plans and conditions.
The inclosed Notice of Authorization, ENG Form 4336, must be
conspicuously displayed at your worksite.
Sincerely yours,
2 Incl ADOLPH A. HIGHT
1 . Permit Colonel , Corps_, of Engineers
2. ENG Form 4336 District Engineer

SAWC078-N-069-000342 7 June 1979
NC Department of Transportation
Blind CF w/cy Incl 1: Blind CF w/cy Sp. Cond.
and Plan(s):
Director, Atlantic Marine Center Mr. R. D. Nelson
National Ocean Survey, NOAA NC Division of Marine Fisheries
ATTN: CAM04, 439 W. York Street PO Box 769
Norfolk, VA 23510 Morehead City, NC 28557

o. That if the activity authorized herein is not started on or before 31st day of May 19 80
(one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before 31st
day'of,•
December ,fg 82 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if
noC previously revoked or specifically extended,shall automatically expire
•
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That if the recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be
necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property.
s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in C7
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditionsIrzi
Z
specified herein and this permit shall-be recorded along with the deed with the Register of Deeds or other appropriate official.
to
II.Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
1. The proposed fill areas must be surrounded by silt screens adequate
to contain all fill material and prevent sediments from reaching Smith
Creek and Kershaw Creek.
2. All silt screens must be maintained until all banks and slopes have
been stabilized.
3. All fill material must be obtained from an upland source and confined
by silt screen.
4. The existing fill material, as depicted on the inclosed plat, will
' be removed to the elevation and configuration of the wetlands adjacent
to the mitigation areas.
5. All areas restored to wetland elevation will be sprigged with black
needlerush (Juncus roemerianus) , giant cordgrass (Spartina cynosuroides) ,
and saltmarsh bulrush (Scirpus robustus) as appropriate to maintain
vegetative zonation in the marsh.
6. A representative of the Corps of Engineers shall be notified and will
inspect the mitigation areas prior to vegetative sprigging to verify
appropriate elevations.
7. All excavated materials, including the existing causeway fill to be
removed, will be confined to an upland disposal site landward of any
regularly or irregularly flooded wetlands.
8. No marsh, outside of the permitted fill causeway alignments, will be
excavated or filled.
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•ANT Gf
/ ,�`� DEPARTMENT OF THE ARMY
\II/
4 //A WILMINGTON DISTRICT. CORPS OF ENGINEERS
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o z III'^ i P. O. BOX 1890
"Sk ,Y ' WILMINGTON. NORTH CAROLINA 28402
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IN REPLY REFER TO
SAWCO7S-N-069-000342 ,..07%23 March 1981
04.)
Mr. Robert F. Wanes MPS /
Assistant Division Engineer �
Division of Highways
yd1:1
N.C. Department of Transportation
PO Box 1587
Greenville, NC 77834
Dear Mr. Deanes:
On 11 March 1981 Mr. Ken Jolly of my staff accompanied by Mr. Charles Jones,
Office of Coastal Management , met with you and Mr. Eddie Latham concerning
the completed relocation of SR 1005 and subsequent crossine ofmith Creek
and Kershaw Creek near Oriental, Pamlico County, North Carolina.
Through a review of the completed construction, it has been determined that
the required restoration to wetland elevations of both original approaches
to Kershaw Creek and the western approach to Smith Creek has been
satisfactorily completed by the N.C. Department of Transportation. and/or its
contractor. The eastern approach to Smith Creek, however, remains approx-
imately 1 foot higher in elevation than the adjacent marsh. Accordingly all
excess material must be removed to restore the area to wetland elevation.
Mr. Ken Jolly is available to meet with your equipment operator onsite to
insure that the required restoration is accomplished. Mr. Jolly can be
reached at telephone (919) 343-4636.
Sincerely,
CHAPLES W. F_OLLIS
Chief, Regulatory Functions Branch
Copy Furnished:
Mr. Charles Jones
,/Office of Coastal Management
PO Box 769
Morehead City, NC 28557