NCDOT 105-02 Modification Request SR 1207 Rocky Hock Creek

9":A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 5, 2002
V. Charles Bruton, Ph.D., Manager
Project Development and Environmental Analysis
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
RE: Request for Modification of CAMA Permit No. 105-02 (TIP No. B-3435). Replacement of
Bridge No. 04 on SR 1207 over Rocky Hock Creek, Chowan County.
Dear Dr. Bruton:
This letter is in response to the N.C. Department of Transportation's (NCDOT's) letter dated
8/22/02 requesting an amendment of CAMA Permit No. 105-02. This CAMA permit authorizes
the replacement of an existing 160-foot long timber bridge over Rocky Hock Creek with an 850-
foot long concrete bridge spanning Rocky Hock Creek and the adjacent cypress-gum swamp.
Approximately 639 feet of causeway will be excavated from the existing roadbed and restored to
its previous wetland hydrology.
The NCDOT letter requests that the in-water moratorium required by CAMA Permit Condition
No. 1 be lifted for the causeway restoration area only. Condition No. 1 of CAMA Permit No.
105-02 states as follows:
"1) Due to the presence of anadromous fish, including striped bass (Morone saxatilis), and in
accordance with the Project Commitments contained within the Categorical Exclusion document
dated May 2001, no in-water work shall be conducted from February 15th to October 31st of any
year without prior approval of the NC Division of Coastal Management (DCM), in consultation
with the NC Wildlife Resources Commission and the NC Division of Marine Fisheries. For the
purposes of this moratorium, in-water is defined as those areas that are inundated at any time
during construction."
In a letter to the N.C. Division of Coastal Management (DCM)dated 8/22/02, NCDOT explained
that they believe that the existing causeway area will immediately become inundated with water
once the fill material is removed. Due to the length of the replacement bridge, and the duration
of the proposed in-water work moratorium, NCDOT feels that there will not be sufficient time to
construct the project within the normal one to two construction seasons. NCDOT estimates that
not being allowed to work within the causeway restoration area from February 15 to October 31
could double the construction time.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

After coordination with the N.C. Division of Marine Fisheries and the N.C. Wildlife Resources
Commission, DCM has determined that permit condition No. 1 may be modified provided that
the following conditions are met. This approval is based in part on the fact that the overall
bridge replacement project will result in a net benefit to the Rocky Hock Creek system, including
the surrounding wetlands.
1. The in-water work moratorium required by CAMA Permit Condition No. 1 shall
only apply to the watercourse of Rocky Hock Creek. It shall not apply to the
surrounding wetlands or causeway restoration area.
2. The use of turbidity curtains to contain all bottom disturbing activities required by
CAMA Permit Condition No. 6 shall only apply to the watercourse of Rocky Hock
Creek. It shall not apply to the surrounding wetlands or causeway restoration area.
The permittee shall install turbidity curtains along the banks of Rocky Hock Creek
to prevent sediment from the causeway restoration area from entering the
watercourse.
3. The causeway restoration area will be fully contained by silt fence.
4. In order to protect water quality, runoff from construction must not visibly increase
the amount of suspended sediments in adjacent waters. Sediment control measures
must be installed and maintained as necessary to prevent sediment from entering the
adjacent wetlands or watercourses.
This Letter of Refinement must be attached to CAMA Permit No. 105-02, which was issued on
8/2/02, and both documents must be readily available on site when a DCM representative
inspects the project for compliance. All other conditions and stipulations of CAMA Permit No.
105-02 remain in force.
Please contact Cathy Brittingham at(919) 733-2293 x238 or Bill Arrington at [phone] if
you have any questions or concerns.
Sincerely,
Doug H gett
Major Permits and Consistency Coordinator
Cc: Lindsey Riddick, NCDOT
Bill Arrington, DCM
David Cox,NCWRC
Sara Winslow, NCDMF
Mike Bell, USACE
DCM-Morehead City

a o.SLATE o
iltp %VC ti.._, :43 liola
.�,.'�eAUG 4 7' 2002
STATE OF NORTH CAROLINA nrr
DEPARTMENT OF TRANSPORTA "t.4-•---1
MICHAEL F.EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
August 22, 2002
Mr. Bill Arrington,NCDOT Project Manager
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Morehead City District Office
Hestron Plaza II
151-B Highway 24
Morehead City,NC 28557
Dear Mr. Arrington:
SUBJECT: Proposed Replacement of Bridge No. 04 on SR 1207 over Rocky Hock Creek
Chowan County; Federal Aid No. BRZ-1207(1); State
Project No. 8.2030201; TIP No. B-3435.
As you are aware,the North Carolina Department of Transportation proposes to replace bridge
No. 04 on SR 1207 over Rocky Hock Creek in Chowan County,North Carolina. The proposed project is
intended to replace an obsolete bridge carrying SR 1207 over Rocky Hock Creek and to resolve a long
standing maintenance problem along SR 1207 in the vicinity of the bridge.
The NCDOT applied for a Major Development Permit for this project on April 18, 2002. The
NCDOT received a fax copy of Major Development Permit No. 105-02 on Monday, August 5, 2002.
Special condition 1) of the referenced permit states that"Due to the presence of anadromous fish,
including striped bass (Morone saxatilis), and in accordance with the Project Commitments contained
within the Categorical Exclusion document dated May 2001, no in-water work shall be conducted from
February 15t to October 31s1 of any year without prior approval of the NC Division of Coastal
Management(DCM), in consultation with the NC Wildlife Resources Commission and the NC
Division of Marine Fisheries. For the purposes of this moratorium, in-water is defined as those areas
that are inundated at any time during construction."
The NCDOT recognizes the need to protect the natural resources in the project area. This is
evidenced by the commitment to remove and restore the existing earthen fill causeway. The existing
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548

causeway will be restored to the surrounding wetland elevation and replaced with a bridge. The
NCDOT believes that the causeway area will immediately become inundated with water once the
material is removed. Once this happens,the construction of the new bridge will then be governed by
special condition 1 of the Major Permit. Due to the length of the new structure and the duration of the
proposed in-water moratorium,the NCDOT feels that the there will not be sufficient time to construct
the project within the normal one to two construction seasons. It is estimated that not being allowed to
work in the restoration area from February 15 to October 31 could double the construction time.
On August 5, and 22, 2002, Ms. Sara Winslow of the NC Division of Marine Fisheries was
contacted by the NCDOT. The situation was discussed and a possible solution was reached. The
NCDOT agrees to utilize a turbidity curtain, as required by special condition 6 of Major Permit No.
105-02,to contain all bottom disturbing activities, including pile or casement installation,placement of
rip-rap,excavation or filling along the banks of Rocky Hock Creek. Additionally, the entire
construction area will be contained by silt fence;thereby isolating the construction area. Due to these
precautions and the resulting isolation of the construction area, The NCDOT requests that the in-water
moratorium be lifted for the causeway restoration area only. The NCDOT will adhere to the original
moratorium of February 15 to October 31 within the waters of Rocky Hock Creek.
The NCDOT hereby requests that above referenced amendment be added to Major
Development Permit No 105-02. By copy of this letter the NCDOT also requests authorization from
the North Carolina Division of Water Quality and the U. S. Army Corps of Engineers. If you have any
questions,please do not hesitate to call Mr. Lindsey Riddick of my staff at(919) 733-7844, extension
304.
Sincerely,
- �
V. Charles Bruton, Ph.D., Manager
PDEA- Office of the Natural Environment
CC: Mr. David Franklin, USACE, Wilmington
Mr. Mike Bell, USACE, Washington
Doug Huggett,NCDCM, Raleigh
Mr. John Dorney, Division of Water Quality
Mr. Greg Perfetti, P. E., Structure Design
Mr. John Alford, P. E., Roadway Design
Mr. David Rhodes, P. E.,Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. David Chang, P. E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. D. R. Conner, P. E., Division One Engineer
Mr. Jay McInnis, Project Planning Engineer

B-3435 Rocky Hock Creek
Subject: B-3435 Rocky Hock Creek
Date: Tue, 03 Sep 2002 07:56:04 -0400
From: Sara Winslow <[e-mail]>
To: Cathy Brittingham<[e-mail]>
Hi Cathy
Sorry I'm so late getting back with you but I misplaced the fax. I
have talked with Lindsey Riddick about the proposal for work during the
moratorium time period. What was in the package you faxed is what I
told Lindsey I would be OK with.
Thanks,
Sara
Sara E. Winslow
Northern District Manager
NC Division of Marine Fisheries •
DENR
a7 0 Va CJerria � (
Oci.\0( Co-ic , 0 �,.� � s-r Sf-rofagck 1 s )o n
7
s..)
as DM S, �1 Sd a)ro7 � 1�J yc� q S a `-'vta 1-e is
Vc\i7
liuzy
c-czsys-A71/‘ _
1 of 1 9/4/02 8:53 AM

B-3435 Chowan Co.
Subject: B-3435 Chowan Co.
Date: Wed, 21 Aug 2002 10:22:43 -0400
From: "T. Lindsey Riddick" <[e-mail]>
Organization: North Carolina Department of Transportation
To: "Bill.arrington @ncmail.net" <Bill.arrington @ncmail.net>,
Cathy Brittingham <[e-mail]>,
Clay Willis <[e-mail]>, David Cox<[e-mail]>,
"Michael.F.Bell @ saw02.usace.army.mil" <Michael.F.Bell @ saw02.usace.army.mil>,
Sara Winslow <[e-mail]>,
John Hennessy <[e-mail]>,
"Robert (Bob) E. Capehart" <[e-mail]>
Folks,
I have attached a draft of the letter requesting an ammendment of
the Major Development Permit to change the in-water work
moratorium slightly. Please let me know what you think.
Thanks.
LR
Sara- please note that our construction office feels that a silt
fence on the River side of the casueway will be much more
effective than a turbidity curtain we discussed earlier. They
feel that the silt fence will be more stable and reliable b/c the
water is generally very shallow and sometimes out entirely.
Name: moratorium ammendment.doc 4
moratorium ammendment.doc Type: WINWORD File (application/msword)
Encoding: base64
Download Status: Not downloaded with message
1 of 1 8/22/02 3:33 PM

i�N T F
M ic( b DEPARTMENT OF THE ARMY _
Iry 0,:._ WILMINGTON DISTRICT, CORPS OF ENGINEERS
a
�s)11!: P.O. BOX 1890
z WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 16, 2002
Regulatory Division C°1E)
Action ID No. 200210803 oc1 i 7 N'62
�pASIAI-M S T
IINO RAC-E1G
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Thorpe:
•
Reference the Department of the Army(DA) permit issued to you on August 9, 2002,
authorizing you to discharge fill material within waters of the United States, filling a total of 0.17
acres of wetlands, to replace Bridge No. 4 along SR 1207 with a new, smaller bridge adjacent to
Rocky Hock Creek, in Chowan County(Federal Aid No. BRZ-1207(1); State Project No.
8.2030201; TIP No. B-3435). Also reference your subsequent written request dated August 22,
2002, for a permit modification to request that the in-water moratorium of February 15 to
October 31 be lifted for the causeway restoration work area only. This modification request was
coordinated with the appropriate State and Federal agencies. The coordination revealed no
objections to this modification request. Therefore, the permit is hereby modified in accordance
with the specific work activities described above. It is understood that all conditions of the
original permit remain applicable and that the expiration date is unchanged. The original
moratorium of February 15 to October 31 will still be adhered to within the waters of Rocky
Hock Creek. Additionally, please referencerAMA Permit No. 105-02 and the subsequent
letter of refinement dated September 5, 2002 concerning CAMA's requirements. This
modification does not relieve you of the responsibility to obtain authorization from the North
Carolina Division of Water Quality.
Any questions regarding this correspondence may be directed to Mr. Bill Biddlecome,
NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office,
telephone [phone], extension 31.
Sincerely,
E. David Franklin
Chief, NCDOT Team

at
Copies Furnished:
North Carolina Department of Transportation
Division I Engineer
113 Airport Drive, Suite 100
Edenton,North Carolina 27932
Ms. Cathey Brittingham✓
Division of Coastal Management
1638 Mail Service Center
Raleigh,North Carolina 27699-16387
Mr. John Hennessy
NCDENR-DWQ
Wetlands Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ronald Mikulak, Chief
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
2