NCDOT 106-12 B-2500 Phase I Habitat Enhancement 2/19/2016

Brittingham, Cathy
From: Rivenbark, Chris
Sent: Friday, February 19, 2016 2:14 PM
To: Tracey Wheeler([e-mail]);Ward, Garcy
Cc: AI-Ghandour, Majed N; Brittingham, Cathy; Chapman, Amy; Daisey, Greg; Fritz Rohde -
NOAA Federal; [e-mail];Jennings, Jerry D; Keith Hanson; Koch, Thomas K;
Carpenter,Kristi; Mellor, Colin; Staley, Mark K; Staples, Shane; Thomas, Roger D;Wilson,
Travis W.;Twisdale,John W;Ward, Garcy;Wilkins, Ronald B; Willis, Thomas C; Feulner,
Brett M; Griffin, Randy W; Paugh, Leilani Y;Turchy, Michael A; McCann, Nora A; Herring,
Kathy
Subject: Permit Application for B-2500 Habitat Enhancement Project, Dare County
The Nationwide 27 permit application for the B-2500 Phase I Habitat Enhancement Project has been prepared. The
electronic copy can be viewed/downloaded at https://xfer.services.ncdot.gov/pdea/PermApps/B-2500/
This email serves as our permit application submittal to the U.S.Army Corps of Engineers and the N.C. Division of Water
Resources.
Chris Rivenbark
Project Development& Environmental Analysis
Natural Environment Section
North Carolina Department of Transportation
[phone] office
[e-mail]
1598 Mail Service Center
Raleigh, NC 27699-1598
1020 Birch Ridge Drive
Raleigh, NC 27610
/Nothing Compares
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
1

PAT McCRORY
Governor
NICHOLAS J. TENNYSON
Secretary
Transportation
February 19,2016
U.S.Army Corps of Engineers
Regulatory Field Office
2407 West 5th Street
Washington,NC 27889
ATTN: Ms. Tracey Wheeler
NCDOT Coordinator
Subject: Request for a Section 10 and Section 404 Nationwide 27 Permit for the Construction of a Habitat
Enhancement Project in the Pamlico Sound in Dare County.
Dear Madam:
NCDOT is requesting a Nationwide Permit 27 from the US Army Corps of Engineers to construct a habitat
enhancement project. Once complete, the "Reefmaker ecosystem" structure will provide 0.3 acre of hard surface
habitat suitable for colonization by algae, oysters, and other sessile communities. The project will help satisfy
recent Coastal Area Management Act (CAMA) permitting requirements for TIP No. B-2500 Phase I, WBS
Element 32635.1.3.
Please find the attached plan for the construction of the structure.
Construction of the structure will occur from barges and equipment will not dredge or be dragged on the sound
bottom. Impacts to the sound bottom will be limited to include the driving of piles, and the placement of the
structure itself. The proposed 500 ft. long by 4.79 ft. wide Reefmaker structure is estimated to have a 0.06 ac
(2,500 sq. ft.)benthic footprint.
It is anticipated that any SAV impacts during construction will be offset by relocation into the forecast wave
shadow of the structure.
Monitoring
Monitoring of the site will be conducted for a period of up to 5 years following installation of the wavebreak
structure,and will include monitoring of wave energy,seagrass,structure/hard surface,and sediment elevation. A
detailed monitoring plan is in the attached plan.
In the event the structure does not perform as intended, after the 5th year of monitoring, or at final close-out, if
requested by all of the resource agencies,NCDOT will remove this structure.
Proposed Let Date
Construction of the structure may begin as soon as all permits are received.
—< Nothing Compares.
State of North Carolina I Department of Transportation I Project Development and Environmental Analysis
1000 Birch Ridge Drive 11548 Mail Service Center I Raleigh,NC 27699-1548
919-707-6000

Regulatory Approvals
Section 404 Permit: Issuance of a Nationwide Permit 27 is hereby requested for the above described activity.
Section 401 Certification: We anticipate 401 General Certification number 3885 will apply to this project.
NCDOT is requesting written concurrence from the North Carolina Department of Environmental Quality,
Division of Water Resources.
CAMA: Modification of the existing CAMA permit was requested under separate cover on October 1,2015.
The modification was issued on December 15,2015.
A copy of this request and its distribution list will be posted on the NCDOT Website at:
https://connect.ncdot.govhesources/Environmental. If you have any questions or need additional information,
contact Michael Turchy at [e-mail] or 919 707-6157.
Sincerely,
4c_Richard W. Hancock,P.E., Manager
Project Development and Environmental Analysis Unit
cc: NCDOT Permit Application Standard Distribution List

�F W ATF9
o�, qG Office Use Only:
yCorps action ID no.
' is. DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s)of approval sought from the
Corps: ®Section 404 Permit ®Section 10 Permit
lb. Specify Nationwide Permit(NWP)number: 27 or General Permit(GP) number:
lc. Has the NWP or GP number been verified by the Corps? ®Yes ❑ No
1d. Type(s)of approval sought from the DWQ(check all that apply):
®401 Water Quality Certification—Regular ❑ Non-404 Jurisdictional General Permit
❑401 Water Quality Certification—Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑Yes ® No ❑Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ❑Yes No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ®Yes ❑ No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ®Yes ❑ No
2. Project Information
2a. Name of project: Construction of a Habitat Enhancement Project
2b. County: Dare
2c. Nearest municipality/town: Rodanthe
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state B-2500 Phase
project no:
3. Owner Information
3a. Name(s)on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No.
3c. Responsible Party(for LLC if
applicable):
3d. Street address: 1598 Mail Service Center
3e. City, state,zip: Raleigh, NC 27699-1598
3f. Telephone no.: 919-707-6157
3g. Fax no.: 919-212-5785
3h. Email address: [e-mail]
Page 1 of 10

4. Applicant Information(if different from owner)
4a. Applicant is: ❑Agent ❑Other,specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state,zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information(if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state,zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID): n/a
1b. Site coordinates(in decimal degrees): Latitude: 35.75084041 Longitude: -75.58649065
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: Approximately 57 acres
2. Surface Waters
2a. Name of nearest body of water(stream,river,etc.)to Pamlico Sound
proposed project:
2b. Water Quality Classification of nearest receiving water: SA HQW
2c. River basin: Pasquotank
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area is in Pamlico Sound. It is adjacent to a natural barrier island and estuarine system,with
recreation in Pea Island National Wildlife Refuge and Cape Hatteras National Seashore.
3b. List the total estimated acreage of all existing wetlands on the property:
This structure is located in open water. No wetlands are located in the study area.
3c. List the total estimated linear feet of all existing streams(intermittent and perennial) on the property:
n/a
3d. Explain the purpose of the proposed project:
To construct a habitat enhancement project. Once complete,the"Reefmaker ecosystem"structure will provide
0.3 acre of hard surface habitat suitable for colonization by algae,oysters,and other sessile communities. The
project will help satisfy recent Coastal Area Management Act(CAMA) permitting requirements.
3e. Describe the overall project in detail, including the type of equipment to be used:
All current permit conditions for B-2500 will be adhered to. Construction will be predominantly off of barges and
include the driving of piles into the water bottom substrate. Cranes will be used to lower structure components
onto the supporting piles. Construction equiment will not drag or rest on the water bottom.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property/
project(including all prior phases) in the past? ®Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination,what type ❑ Preliminary ® Final
of determination was made?
4c. If yes,who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other: USACE
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2015-02207
5. Project History
5a. Have permits or certifications been requested or obtained for Yes ❑ No ❑ Unknown
this project(including all prior phases)in the past?
5b. If yes, explain in detail according to"help file"instructions.
NWP 6 issued 10/22/2015
6. Future Project Plans
6a. Is this a phased project? ❑Yes ® No
6b. If yes, explain.
Page 3 of 10

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project(check all that apply):
❑Wetlands 0 Streams-tributaries 0 Buffers
®Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland Type of
impact Type of Type of wetland Forested jurisdiction Area of impact(acres)
number— impact (if known) (Corps-404,
Permanent(P) 10
or Temporary DWQ—non-
(T) 404, other)
W1 ❑ P❑T ❑Yes 0 Corps
❑ No ❑ DWQ
W2 ❑ P❑T ❑Yes 0 Corps
❑ No ❑DWQ
W3 ❑ P❑T 0 Yes 0 Corps
❑ No ❑DWQ
2g.Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts)proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of Stream name Perennial (PER)or Type of Average stream width Impact
number- impact intermittent(INT)? jurisdiction (feet) length
Permanent(P) (Corps- (linear
or Temporary 404, 10 feet)
(T) DWQ—
non-404,
other)
S1 ❑ P❑T ❑ PER ❑Corps
❑ INT ❑DWQ
S2 ❑ P❑T ❑ PER ❑Corps
❑ INT ❑ DWQ
S3 [' POT ❑ PER ❑Corps
❑ INT ❑ DWQ
S4 ❑ P ❑T 0 PER 0 Corps
❑ INT ❑ DWQ
S5 ❑ P ❑T ❑ PER 0 Corps
❑ INT ❑ DWQ
S6 ❑ P❑T ❑ PER ❑Corps
❑ INT ❑ DWQ
3h.Total stream and tributary impacts
3i. Comments:
Page 4 of 10

4. Open Water Impacts
If there are proposed impacts to lakes, ponds,estuaries,tributaries, sounds,the Atlantic Ocean, or any other open water of the
U.S.then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact waterbody Type of impact Waterbody type Area of impact
number— (if (acres)
Permanent(P) applicable)
or Temporary
(T)
Fill
Pamlico (insertion
insertion of piles to support habitat 0.06 ac or
01 ® P❑T Sound enhancement project/pReefmaker Open Water (2,500 sq.ft.)
Ecosystem"structure.
02 [' POT
03 OPOT
04 [' POT
4f.Total open water impacts 0.06 ac or
(2,500 sq.ft.)
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed,then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts(acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2 •
5f.Total
5g. Comments:
5h. Is a dam high hazard permit
required? ❑Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area
(acres):
5j. Size of pond watershed
(acres):
5k. Method of construction:
Page 5 of 10

6. Buffer Impacts(for DWQ)
If project will impact a protected riparian buffer,then complete the chart below. If yes,then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar-Pamlico ❑Other:
Project is in which protected basin? ❑Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number— Reason Buffer mitigation Zone 1 impact(square Zone 2 impact
Permanent(P) for Stream name required? feet) (square feet)
or Temporary impact
(T)
B1 [' POT ▪Yes
❑ No
B2 [' POTYes
❑ No
B3 ❑ P ❑T ❑Yes
❑ No
6h.Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The design selected minimizes the benthic footprint of the structure.
It is anticipated that any SAV impacts during construction will be offset by relocation into the forecast wave
shadow of the structure.
Other rip-rap structures were considered, but would have would have larger footprints on the sound bottom,
and less surface area for colonization.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
NCDOT will implement"Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures
for Construction Activities in North Carolina Waters,"during work for this project.
Due to the location and scope of the proposed work,federally-protected turtles will not be affected by project
construction. However to ensure their protection, moving equipment will be immediately shutdown if a turtle
is observed within 50 feet of the operational area of the equipment.Activities will not resume until the turtle
has departed the project area on its own volition(i.e., it may not be herded or harassed from the area).
Construction of the structure will occur predominantly from barges. No structure or equipment will drag on
the water bottom.
In the event the structure does not perform as intended,after the 5th year of monitoring, or at final close-out, if
requested by all of the resource agencies, NCDOT will remove this structure.
2. Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State
2a. Does the project require Compensatory ❑Yes ® No
Mitigation for impacts to Waters of the U.S. or
Waters of the State?
2b. If yes,mitigation is required by(check all that
apply): ❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes,which mitigation option will be used for
this project? ❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
Page 6 of 10

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a.Approval letter from in-lieu fee program is ❑Yes
attached.
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream ❑warm ❑cool ❑cold
temperature:
4d. Buffer mitigation requested(DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal)wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation(State Regulated Riparian Buffer Rules)—required by DWQ
6a.Will the project result in an impact within a protected riparian ❑Yes ® No
buffer that requires buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for Total impact Multiplier Required mitigation
impact (square feet) (square feet)
Zone 1 3 (2 for
Catawba)
Zone 2 1.5
6f.Total buffer mitigation required:
6g. If buffer mitigation is required,discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan(required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified 0 Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes,then is a diffuse flow plan included? If no, explain why.
Comments: ❑Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? n/a%
2b. Does this project require a Stormwater Management Plan? 0 Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan,then provide a brief, narrative description of the plan:
n/a
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? n/a
❑ Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
MP
apply(check all that apply): ❑0 Water
Supply Watershed
D Other:
3c. Has the approved Stormwater Management Plan with proof of approval been 0 Yes 0 No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state-implemented stormwater management programs apply 0 ORW
(check all that apply): D Session Law 2006-246
❑ Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ❑Yes 0 No n/a
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑Yes 0 No
Page 8 of 10

F. Supplementary Information
1. Environmental Documentation(DWQ Requirement)
la. Does the project involve an expenditure of public(federal/state/local)funds or the ®Yes ❑ No
use of public(federal/state) land?
1 b. If you answered"yes"to the above,does the project require preparation of an
environmental document pursuant to the requirements of the National or State ®Yes ❑ No
(North Carolina) Environmental Policy Act(NEPA/SEPA)?
1 c. If you answered"yes"to the above, has the document review been finalized by the
State Clearing House? (If so,attach a copy of the NEPA or SEPA final approval
letter.) ®Yes ❑ No
Comments: NEPA FEIS/EA/ROD for TIP B-2500
2. Violations(DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules(15A NCAC 2H .0500), Isolated
Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ❑Yes ® No
2c. If you answered"yes"to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts(DWQ Requirement)
3a. Will this project(based on past and reasonably anticipated future impacts)result in ❑Yes No
additional development,which could impact nearby downstream water quality?
3b. If you answered "yes"to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered"no,"provide a short narrative description.
4. Sewage Disposal(DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition(non-discharge or discharge)of wastewater generated from
the proposed project, or available capacity of the subject facility.
Not applicable.
Page 9 of 10

5. Endangered Species and Designated Critical Habitat(Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ®Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website and agency consultation; NCDOT Biologists; FEIS/ROD
6. Essential Fish Habitat(Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS county index; FEIS/ROD
7. Historic or Prehistoric Cultural Resources(Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ® Yes ❑ No
status(e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA documentation; FEIS/ROD
8. Flood Zone Designation (Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain? ®Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: This activity will not result in changes in permanent flood
elevations.
8c. What source(s) did you use to make the floodplain determination?approved NEPA documents
(� Richard W. Hancock P.E. _ 2- / 1-ZO r 6
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page I 0 of 10