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19951031 Ver 1_Complete File_19950926
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 8, 1998 Hertford County WQC 401 Project #951031 APPROVAL of 401 Water Quality Certification Mr. David Robinson, P.E., Ph.D. Assistant Manager - Environmental Services Planning and Environmental Branch North Carolina Department of Transportation PO Box 25201 Raleigh NC 27611-2501 Dear Mr. Robinson: Re: Proposed Wiccacon River Bridge Replacement DWQ Project # 951031; T.I.P. No. B-1231 You have our approval, in accordance with the attached conditions, to place till material in 1.11 acres of wetlands or waters for the purpose of replacing Bridge No. 23 on NC 45 over the Wiccacon River, as you described in your application dated 3 December 1997. After reviewing your application, we have decided that this till is covered by General Water Quality Certification Number 3197. This Certification allows you to use Nationwide Permit Number 23 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. In accordance with 15A NCAC 2H.0506(h), wetland mitigation is required for the proposed work. Compensatory mitigation shall be provided by restoring 2.22 acres of wetlands at NCDOT's Dismal Swamp Mitigation Site. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of this Certification an approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in the attached Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper . 1 for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C., 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact John Dorney or Cyndi Bell at (919) 733-1786. Attachment in e ly r -ton How, Jr. P.E. 951031.1tr cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files S. :t. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PARKS AND RECREATION Y' J JAMES B. HUNTJR. _V e 'GOVERNOR 1J ;,WAYNE MCD[VITT ?? { qt f ' n 1 ? i t M14 1• MCKN[L?Y . 'y lY a l L 7? fl yyw l? ? -ICI - .. ti April 6, 1998 _ , MEMORANDUM TO: David Cox, NC Wildlife Resources CommisA `, ?- w?1?a DS u Cindy Bell, NC Division of Water Quality Kevin Moody, US Fish and Wildlife Service FROM: Marshall Ellis Resource Management Program SUBJECT: Proposed DOT Road Repairs at Lake Waccamaw The Division of Parks and Recreation (DPR) has been contacted by the Department of Transportation regarding repairs to a section of Lake Shore Drive along the north shore of Lake Waccamaw in Columbus County. This project area has experienced severe slumping, and DOT has determined that the road is in danger of collapsing. DPR is concerned about potential impacts to the lake, and this information is being provided to your agency as a heads-up in anticipation of receiving additional information from DOT. DOT engineers estimate that an area approximately 100 feet long and 30 feet deep has been affected, and they are proposing to stabilize this section through the use of an interlocking Gabion Basket system. Preliminary information indicates that DOT plans to install three layers of baskets: two at the foot of the slope, around elevation 43, and a third layer around elevation 53. The sections that are not stabilized with baskets will be graded and filled (see attachment). If the baskets are used, it is apparent that this project will involve work below the lake's mean high water line (43.57 feet above mean sea level), meaning that it will affect state park property. Given the lake's ecological significance and the presence of rare species, DPR has notified DOT that if repairs occur below the mean high water level, then an environmental document will be required. DOT is aware of our concerns, and they have expressed an interest in exploring alternatives that will avoid or minimize impacts at or below mean high water level. They have mentioned rip-rap (granite and/or limestone) in lieu of the baskets, but it's unclear at this point if the engineers have looked seriously at this. P.O. BOX 27687, RALEIGH NC 2761 1-7687 PNoN[ 919-733-4181 FAX 919-713.3085 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POST-CONSUMER PAPER To our knowledge, DOT has not produced a scoping notice, and any rm iew so far has been informal. The local DOT contact for this project is Mr. Drew Cox (910-642-3760). If you have questions, please give me a ring at 715-8692. /me Attachments "X* no -- potndnrles. -atf NAlga p+vmtw isranded. "ci dasdterrpt r dsiflnitivelmrost. 3440 lets whitevill" • FAX::, Spaciall Oak, Mapple Suites • Hete Complete 3?C? (910)642.6K0K (910)642-7411 finished Furnishings In Suites • Dining Room te. • We Also Feature A .n Cabinets • VISA & vs Hours: Mon.-Fri. RURAL4X ION+ INC. OF N.C. 1890 pine Loj Rd' N?Ille ' .. • • (910) 640-1702 (910) 640-1709 FX: • Prompt, Relleble'lle"'ie° 'Waste Collection For: Commercial, Industrial. Rssideattal & Institutional Servieas loclude Frost-Load, Rear-Load, Roll-Off, Roll-Out Cart A Recycling A Waste Resource COLLIER GAS CO-, INC. 1028 S. Madison St., Whiteville • . • . (910) 642-4137 112 E. Sth St., Tabor City (910) 653.3437 • LP Gas: • Sales & Service*- Crop Drying • Tobacco Curing • Bulk Barns • LP Cylinders • Gas Appliances: Sales & Service • Stoves • Dryers • Water Heaters • Gas Logs • Heaters • Grills & Parts "We're In Your Neighborhood" 345 Pecan Ln., Lake Waccamaw ... (910) 646-3011 • FAX: ... (910) 646-4414 • Manufacturers Of Handheld Striking Tools Including; . Axes • Mauls Sledgehammers Shrubbing Tool, . Forestry Tools • Firefighting Tools • Bars, Etc. • Serving The U.S. Since 1886 "Council Too[ ...A Longstanding Columbus County Tradition" PAINT - RETAIL CLASSIC COLORS 210 W. Burkhead St., Whiteville ... (910) 640-1412 • Paint & Paint Related Items • Retail & Wholesale • We Carry A CompPlete Line Of Devoe Products • Hours: Mon.-Fri. 7:30am-6pm; Sat. Sam-Ipm • Danny Heath, Co-Owner • Tommy Goins, Co-Owner SURGEONS - r PHYSICIANS & s SOUTHEASTERN MEDICAL ASSOCIATES 109 N. J.K. Powell Blvd., Whiteville . (910) 642-0300 • FAX: ... .. . (910) 640-3327 • Richard Berry, M.D. • Internal Medicine • Hours: Mon.-Thurs. 9am-5:30pm; Fri. 8:30am-2pm "PLEASE SEE OUR DISPLAY AD FOR MORE INFORMATION" • rAA • E•1lail • Lou .\ Touri.: AvaiIa1, Lodgine Promot Destinai 940 Jett • Toll F • Custon Repairs For Esti • Here li Your H Pump • To Fin Call Us • Caroh: Mirafi• Products A-? ? `` • Project _ • HS-Series • Miramat • HP-Series • Miratak Sheet No. I of TC Mirafi • X-Series . N-Series • Mirapave • Geotubes• Calculated By --? t& ICJ .. Date 3 - 0 Pendergrass, GA?7 • Filterweave• • MC1212 Checked By Date Tel: 706-693-2226 . Miraprid•(XT) • SRW-Series Toll Free: 888.795.0806 .Silt Fence Scare Fax: 706-693.4400 Z r ? r 0 1 0 -A 0 w w f C.F.P. Inc. SITEWORK SUPPLIERS P.O. Box 567 PINEVILI.E, NC 28134 Marshall Ellis March 11 1997 North Carolina Department of Environment, and Natural Resources PO Box 27687 Raleigh, NC 27611 Dear Mr. Ellis C.F.P.Inc is a supplier of erosion control and geotechnical products. We were contacted by Drew Cox in December to determine if a gabion wall would be feasible to support a slope allowing them to reconstruct the shoulder of a road. 800.533-0046 704-372.0314 803-548-3148 After visiting and inspecting the site at Lake Waccamaw, I assured Drew that gabions were a solution and this type of application was common not only in North Carolina but around the world. Please see the enclosed technical brochure from Maccaferri describing structures for environmental protection and restoration. A gabion wall would be appropriate in this case to serve two functions, first to provide enough mass in a wall form to support the surcharge of saturated soils behind the wall to safely build a slope and reconstruct the shoulder and secondly to protect that same soil mass from erosion accelerated by wave action at the waters edge. The evident slope failure appears to have been accelerated by either erosion at the water level and /or a naturally occurring accumulation of subsurface ground water entering the lake and saturating this particular area of the bluff. The slope failure is most severe between the two docks shown on the survey supplied by Drew. A 40 foot long wall along the base of the slope should be sufficient to support the reconstruction of the road above. The beneficial characteristics of a gabion structure arc listed below. Structurally sound: A mass gravity wall is designed to withstand the forces generated by the soil mass behind it trying to slide the wall , break the wall or overturn the wall and to further protect the soil mass from wave action scour resulting from seasonal winds or severe storms during times of high water. Stable and long term: Gabions are made from PVC coated Zinc plated twisted wire designed for water applications. As time passes the structure becomes more stable from settlement, confinement and vegetative support. M Or Impact free: The impact on water quality is determined by the rock and soil used to rebuild the slope. Your choice of stone within the gabions and natural soil backfill will allow water to pass through the local soils without being altered from any foreign matter leaching into or out of the flow. Permeable: Water is allowed to migrate through soil and the wall without creating any hydraulic head pressures effecting the stability of the slopes above or the wall's integrity. Flexible: Walls can be built to conform to the immediate terrain without altering the lake floor, also allowing for minor design changes if needed during construction. Suitable for natural restoration of native vegetation: A gabion wall is actually enhanced by the use of vegetation and will support root systems for shrubs and trees that would be beneficial in long term stabilization. Easy to construct: Can be constructed without heavy equipment entering the lake. Does not require technically trained labor or special equipment that might increase costs. Low cost: The gabion wire baskets for a six foot high wall would cost less than $35.00 per linear foot of lakefront. The height of the wall can be increased or decreased in one foot increments to satisfy your requests. Adjustments to the wall height would in turn affect the slope angle of the mass behind them. Please see the picture at the bottom of page 14 of the enclosed manual. Hopefully a finished project could look like this. Also I've included a hand sketch of the wall mentioned above. If you have any questions about gabions and their use please call me. Sincerely Weeden President C.F.P. Inc. cc: Drew Cox NCDOT IC4 11 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Ann B. Deaton Chief, Bridge Section United States Coast Guard 431 Crawford Street Portsmouth, VA 23704-5004 Dear Ms. Deaton: February 26, 1998 ? ! '' MAR-2. This is the report of the U.S. Fish and Wildlife Service (Service) on Public Notice (PN) 5-927, dated January 28, 1998. The PN states that the North Carolina Department of Transportation (NCDOT) has applied for a U.S. Coast Guard (USCG) permit to construct a new, two-lane, fixed span, low level, highway bridge over Wiccacon Creek near the Town of Harrelsville, Hertford County, North Carolina. Prior coordination indicates that project is designated as B-1231 (Replace Bridge No. 23 over the Wiccacon River on NC 45). The existing bridge and fender system would be completely removed after completion of the new bridge. No fendering system is planned for the new bridge. The PN states that the project would impact 1.11 acres of high quality swamp forest. Our comments are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended-, 16 U.S.C. 661-667d), and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of permit issuance in accordance with the Department of Transportation Act of 1966, and Section 9 of the Rivers and Harbors Act of 1899, The Service is concerned about the use of a Categorical Exclusion (CE) to satisfy the requirement of the National Environmental Policy Act (NEPA). The PN states that the original 1986 classification as a CE was revised in 1994. The Federal Highway Administration (FHWA) will complete a new update of this determination. Categorical Exclusions are intended to apply to a uniform group of actions which, based on past experience, do not have a significant environmental 2 impacts. The FHWA regulations specify that bridge rehabilitation, reconstruction, or replacement may qualify as a CE. However, we view the proposed project as actually the construction of a new bridge adjacent to an existing bridge. We believe that the construction a new bridge, a term used in the PN, is a category of projects which may produce a wide range of environmental impacts. Therefore, the Service believes that NEPA requirements should be addressed in an Environmental Assessment (EA) which would contain a full discussion of alternatives, environmental impacts, and compensatory mitigation measures. The Service is especially concerned that the project would result in the loss of 1.1 1 acres of high quality swamp forest. Swamp forests have many ecological and societal values. These areas represent extremely high quality habitat for fish and wildlife resources. They also function to improve water quality and control floods. The Service believes that the permanent loss of these wetlands would represent a serious, adverse environmental impact. While the loss of this area is relatively small, such small losses should be viewed in a cumulative sense. From the mid-1970s through the mid-1980s, North Carolina had an estimated loss of 1.2 million acres of palustrine forested and scrub-shrub wetlands (Hefner et al. 1994). We believe that any additional losses must be viewed in the context of significant prior losses. In this regard, the characterization of this project as a CE may lead to the use of Nationwide Permit No. 23 (NWP 23). This NWP, like the NEPA designation on which it is based, facilitates approval of a Section 404 permit by the Corps of Engineers for the dredge and fill of wetlands which "... neither individually nor cumulatively have a significant effect on the human environment ..." The Service believes that the use of NWP 23 would be inappropriate for the proposed project. The PN states that agency coordination and field investigations have revealed that no federafly- protected species are located in the project area. Service data indicate that the red-cockaded woodpecker (RCW) (Picoides bore(ilis) is the only listed species known to occur in Hertford County. Our records indicate that there have been no reported occurrences of this species in the immediate vicinity of the project area. However, the Service file for this project does not contain any communications on the field investigations mentioned in the PN and the Service has not issued any concurrence that the project would not adversely affect this species. While we believe that this species would not use the swamp forests adjacent Wiccacon Creek, we do not know the extent of project impacts on other natural communities at this time. Therefore, the Service is unable to confirm that the requirements of Section 7 of the ESA have been fulfilled. In summary, the Service recommends that the USCG request an EA and a formal Finding of No Significant Impact prior to the issuance of a permit. As noted, the proposed project appears to be the construction of an entirely new bridge which happens to be adjacent to an existing bridge, 3 rather than a true bridge replacement project which is more appropriate for a CE. An EA would allow for a more thorough discussion of possible alternatives, an assessment of environmental impacts, and the development a compensatory wetland mitigation plan. We appreciate this opportunity to comment on this Public Notice. If you have any questions on this report, please contact Howard Hall at 919-856-4520, ext 27. Sincerely, ohn M. Hefn Field Supervisor References: Hefner, J. M., B. O. Wilen, T. E. Dahl, and W. E. Frayer. 1994. Southeastern Wetlands, Status and Trends, Mid-1970's to Mid-1980's. U. S. Department of the Interior, Fish and Wildlife Service, Atlanta, GA. 33 pp. FW S/R4:HHall:2/26/98: WP: A:wiccacon.298 cc: H. Frank Vick, NC Department of Transportation, Raleigh, NC Frank McBride, NCWRC, Northside, NC John Dorney, NC Division of Water Quality, Raleigh, NC John Parker, NC Division of Coastal Management, Raleigh, NC Mike Bell, USA Corps of Engineers, Regulatory, Washington, NC Nicholas Graf, FHWA, Raleigh, NC Melgaard, USEPA, Atlanta, GA Andreas Mager, National Marine Fisheries Service, St. Petersburg, FL Charles Bruton, NCDOT, Raleigh, NC T StAT$ of NORTH CAAOLINA DEPARTMENT OF 7PLANSPORTATYON JAMES B. HUNT 1R. DIVISION OF HIGHWAYS GARLAND B. GAR[lE7'f' Ja. Gov?aNOn P.a. ROX2M01, MUIGH, N.C. 27611-Ml SiCMARY Deoember 3, 1997 W. Michael D. Smith, Asst. Chief Regulatory Branch U. S. Army Corps of Bngimcm Wilmington District Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 23? #M?I?IIYIM?+??µAW-V?''N?+4sMl.,:.;hiwl:wF.NMl1o,n ? dWA?.:.Ny'?•?.w?+,??rdYltlwMagA?.r*+?.?MYWa?rrY'kJ.lrbh?,l4U i?aNV?!xj??RS3YF?r????,?+br`v?wM. Y?•?.??Frw ?.r?N,d?u??.,?.nnw?,;.??.v; ..?hv ?s yWr ?. !.? ???. re. i . .... ?.? ? i S.b?V,%v? SUBIECT; Proposed replacement of Bridge No. 23 on NC 45 over the Wiccacon River in Hertford County;( TIP) No. B-1231; State project No. 81070401; Federal Aid Project No. BRS-5053(2). The Department of Transportation recently reapplied to the U. S. Coast Guard for authorization to proceed with a revised proposal for the subject project. As you are aware, the department's original proposal was to replace the existing 25-foot vertical clearance bridge with a structure that would provide t/-15 feet of vertical clearance. The proposed length of the new structure would have been 362 feet. Based on objections from adjacent landowners, who argued that the planned reduction in vertical navigation clearance would result in personal hardships, the Coast Guard did not authorize the proposal. The department's original design would have impacted 1,05 acres of forested wetlands, tho majority of which is a high quality swamp forest. The department's current proposal is to replace the existing bridge with a structure that will provide 20 feet of vertical navigation clearance. This.proposal also includes a longer bridge in order to minimize impacts to high quality forested, wetlands. The newly proposed structure will be 440 feet long. Anticipated wetland impacts total 1.11 acres. In evaluating design options, the department considered an alternative that would provide a 20-foot vertical clearance while maintaining the originally proposed bridge length of 362 feet. This structure would have impacted 1.20 acres of wetlands. The decision to lengthen the bridge to 440 feet, at an Increased expenditure of approximately $ 100,000, was made in the interest of minimizing impacts to wetlands. Although the RegulatoryBranch approved the departments original proposal under a Nationwide 23 authorization, design revisions necessitated by the Coast Guard have resulted in an increase in impacts to Section 404 wetlands. However, steps have been taken to minimize NOD uaa wuuumou w u?o reiumm of au oosorcte approacnway nus to ongtnm contours. By copy of this letter, the department is requesting authorization of ita current proposal by the Division of Water Quality under Section 401. Based upon recent discussions with Cindy Bell, the department will be obligated to provide compensatory mitigation for the anticipated 1,11 acres of impacts to wetlands. The department is willing to propose a 1:1 replacement (1.11 acres) from the restoration component at the Dismal Swamp Mitigation Site, ,or provide $26,640 to the WR1' (based upon unit cost of $24,000 per acre for riparian wetland replacemcnt. r.I (eY?'ye- In a related, but separate matter, the Division of Coastal Management has indicated that the department's current proposal can be reauthorized with a minor CAMA Permit refinement letter. The department will be pursuing this matter in the immediate fliture. It is assumed that any response the Rcgalatory Branch intends to make will occur through General Permit 291 c9ordiua#on. }' 1 X' You for the'time and effort your staff has invested on this project to date. Hopefully. these ? ores will result in a successful project for all interested p"es. Should you have any questions or comments, please call I& M. Randall Turner at (919) 482-7977. { :r i t rrp .M ) o; K r 1 #f' ?._. t F #„ t n ;f! 7I' t i. 1{ ;.t, #t F'+ 1 0 t, r? 4{ ?,tn ,».^ ..,,.,,:, a , ,, „ ?'GY17?'str'x?41CGi??11r7NARIG'C11' ??1.'tnN?;?l?l?lr#.A ??F:1(1Y? hR`k#I.P'+'A?>.P?If ?'!#?' ?'h 4ht,J ?t .ail #1 ? :,.hk # t • .r;,err^ tar H. Franklin Tick, P. E., Manager Planning and Environmental Branch HFV/mrt cc: Cindy Bell, Division of Water Quality Bill Brazier, U. S. Corps of Engineers Tarry Moore, Division of Coastal Management D. R. Conner, P. E. North Carolina Department of rIhMortation M. Randall Turner, North Carolina Department of Transportation ow,4*s PROJECT $1070401 I 1 ' .??r ' ( yi 1 VfC l IT - ( , + I OF 3 !9iA i,a SCALE 1 O 1 MILE LOCATION M AP suit W MTN COW" DEPARTMENT OF TRANSPORTATION ArmN PROPOSED REPLACEMENT BRIDGE OVER WICCACON RIVER HERTFORD C NTY Su811lTTED 9Y i NIEF AWIMEER DRAW BY ? C aWETTER DATE r CHCUED BY : 4A."•.4rt+v DATE =_1J= -q tyi. M N .,. W W d Z LL N N I W d N L W s!V ?D w, W J ~ W z -> U n ww O Cl u- 5 a It 0 ? d C5 $ ? w Q Q: 4 W W r1 ti d rr r: . L V 0 d k LL o. t? J LL O 1 4 Q 3- Q Ir O ~ .? •e M N N I ?LL, J 12 o+ z O co N w 2 H - a I J O ? + w 1 1 4 w 1 LA 1 1 l?al W 1 IL Lai 2 .?? Lt. Lid I rrsa e.? = ? Fm 1„xisq }??rly ., .. ...x .. Lai rrrr? ? s-s:r,gs, lfJ' l+1 M 1 p 1 1 1 1 W s i ..J Z Q LLJ W ,., lit 00 o1 ¦ „r, W STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMS D. HUNT JR. DIVISION OF IRGHWAYS E. Norris Tolson GOVMOR P.O. BOX M SECRETARY Edcnm, N.C. 27932 Division One FAX COVER SHEET Date: 4-7-10 FROM: M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division One TO: CyNdi' eel/ Myw ., .. .. rr ,. r.,d,. ,W,_, ,..r •...;, . .,_..r...u,. "+• i'i?llu?i i?r°,ys. , r., , .....' ' Number of pages, including cover shoat: ed Hardcopy to Follow: Yes NO Me_ ssme Phone: (919) 402-7977 Fax: (919) 482-3826 E-mail: mrtumergdoh.dot.state.ncus RE-CEIVED MAR 2 0 1997, ^^?""'? rrvliROrJM1,;?NTAL SC;?NCEs STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201. RALEIGI 1. N.C. 27611-5201 GARLAND B. GARRETT JR. GOVERNOR March 18, 1997 SECRETARY Commander (OAN) Fifth U. S. Coast Guard District Federal Building 431 Crawford Street Portsmouth, Virginia 23705 ATTN: Ms. Ann B. Deaton, Bridge Specialist Dear Ms. Deaton: Subject: Hertford County, North Carolina; Replacement of Bridge No. 23 on NC 45 over the lk7ccacon Rimer; TIP (Transportation Improvement Program) No. 13-1231; State Project No. 8.1070401; Federal Aid No. BRS-5053(2) On September 20, 1995 the North Carolina Department of Transportation applied for Coast Guard authorization to replace the subject bridge structure. The Department's proposal is to replace the old (c. 1940) bridge, having a 25-ft. vertical clearance, with a new structure having a 15-ft. vertical clearance.* On July 31, 1996 the Coast Guard notified the Department that the permit would not be approved for the proposed bridge replacement. The Coast Guard's disapproval was stated to be based primarily upon objections from two adjacent property owners. The substance of these objections can be summarized as follows: 1. Property Otiwler A 's stated intentions to use his Wiccacon River property, as a pore of refuge for his 52 ft. long sportftshing boat during hurricanes that threaten his permanent port in Xforehead City, and 2. Property Owner B's implied future intentions to use barge(s) to hard logs presumably from properly located upstream of the bridge site. In response, the Department feels that, as a matter of public policy, it is imprudent to allow the narrowly-defined interests of one or two landowners to dictate the design parameters of a public transportation facility. The Department must plan, design and build transportation improvements that will safeguard the overall public's interests. It is not *Note: It is important to point out that the vertical clearance of the proposed brhdge will be 15 feet above natural rvutcr level (N1?7.), nut 13 Jt.-7 in. The 13 ft.-7 in. vertical clearance, noted on drenrings um! in correspondence provided to the Coast Guard and the Division of Coastal.lfana, cement, crroneous+ r contrasts the e-visting 2.i ft. vertical clearance, measured at N1VI., trite the proposer! structure's anticipated vertical clearance at a recorded higle water elevation. Page Two March 18, 1997 Ms. Deaton uncommon, in fact it is rather routine, for individuals with property interests (present or future) to object to one or more aspects of a transportation proposal. These interests are often sincere, but are narrowly-focused on specific needs and/or demands of one, or a small faction of individuals. Unless these interest coincide with those of the overall public, or unless the objection can be accommodated without compromising project objectives, i.e., safety, transportation integrity, cost, etc., the Department has an overriding obligation to defend its proposal on behalf of the public good. Regarding the first objection (1), there is no question that numerous alternate ports of refuge are available to boatsmen whose home port is Morehead City. To concede to this objection would lend credibility to requests from any adjacent landowner (who might also be part-time residents) to lengthen, shorten, raise or relocate a structure, which is scheduled for replacement, simply because they would not be able to get maximum usage from some aspect of their personal property othertiyise. In this instance, the Department is aware that it is proposing to modify an existing use. The Department completed a federal Categorical Exclusion study in 1986, followed by a reevaluation which was published in 1994. The resulting environmental document addressed a full range of topics, including cultural resources, natural resources, social impacts, and air and noise analyses. Interviews with local residents were undertaken to assess trends of waterway usage. The conclusion from these surveys was that only small recreational/pleasure craft up to 22 feet in length were using the waterway. Based upon this study and the response from the public during the public hearing, it was reasonable for the Department to conclude that a lower profile, less disruptive and expensive replacement structure would accommodate the pattern of usage that had been established in the 1980's. All things considered, this objection appears to be without merit. With regard to the second objection (2), it is important to point out that currently only one firm is transporting logs via barges in northeastern North Carolina. According to N. C. Forestry professionals in eastern North Carolina, it is generally not economically feasible to harvest and load logs directly onto barges at a harvest site. Harvested logs are normally transported via surface transportation to staging areas and in some instances it is feasible to load onto barges for final transport to the processor. If the timber stocks are located on flooded swamp forests adjacent to the river, it is unlikely that traditional, mechanized timber harvests would be permissible under Section 404 of the Clean Water Act. Non-traditional harvesting, i.e., helicopter or cabling out via winches to barges, would probably not be practicable. Again, in this instance the Department feels that attempts to accommodate the desires of a local, part-time resident, who may, or may not find it expedient to transport logs in the future from parcels located upstream of the bridge, is to subjugate the overall public's interest. The record will reflect that the Department is always receptive to comments and criticism from individuals or groups of individuals, but, in the final analysis, the interest of the collective public are usually the most compelling. It is on behalf of the larger public interest that the Department petitions the Coast Guard for a review and reevaluation of its permit decision. Pag:: Three March 18, 1997 Ms. Deaton Following a review of all aspects of the subject project, the Department has concluded that is should continue to pursue authorization of its original design. In addition to comments made above, numerous other factors were evaluated in making this decision. These factors are summarized below: • Federal Highway Administration approved Categorical Exclusion for project on April 21, 1994. During the investigation that preceded publication of the Categorical Exclusion document, it was dctentnincd that the only Nvater-bome craft which utilized the river Nverc small, recreational boats up to 22 feet in length. Based upon this data, the Department could not justify the expenditure of the additional funds required to purchase excess right of Nvay and construction costs to build a new bridge with the same vertical clearance as the existing structure. Section 401 Permit was issued on May 13, 1996 by the Division of Water Quality (DWQ) of the NC Department of,•Environment, Health and Natural Resources (NCDEHNR). • Section 10 and Section 404 authorizations issued by U. S. Army Corps of Engineers (Nationwide 23: CFR 330.5 [a] 23). Coastal Area Management Act (CAINIA) permit was issued on June 26, 1996 by the Division of Coastal Management (DCINI) of the NCDEHNR. The adjacent landowner notification process is a mandatory prerequisite of the CANIA permit process. The DCNI received adverse comments from the adjacent property owners, presumably similar to those received by the Coast Guard. However, the DCM decided to issue a CAMA Major Development Permit on the merits of the proposal, which were ultimately determined to be in the overall public's interest. While the DCNi is charged under CAMA to make its permit decisions only after consideration of a wide range of issues, navigation and public trust issues were among the more important factors evaluated during that agency's deliberations. a Elevated bridge design will impact more wetlands. Redesign of the bridge replacement to conform to the existing vertical clearance will necessitate impacts to an additional 10,000 square feet of palustrine forested Nvcdands. Under the strict application of the 404b(1) guidelines, the Department would have difficulty justif}-ing this additional impact, since its preferred alternative would avoid and/or minimize impacts, as compared to the elevated bridge design. The Department has reason to believe that the Corps of Engineers (Section 404) and the Division of Water Quality (Section 401) would object to the elevated bridge design on the basis of "avoidance/minimization". o Additional design and anticipated construction costs estimated at S139,000 would be needed to accommodate the elevated bridge project, as compared to the recommended design. Page Four March 18, 1997 Ms. Deaton o Additional right of way expenditures are anticipated to accommodate the larger footprint that would be required with the elevated bridge structure. ® Project completion date would be delayed more than 1 year from date decision is made to shift to elevated bridge design. This delay will lead to additional cost increases. Under the existing, recommended design, construction letting could be scheduled within weeks of permit approval. It cannot be over-emphasized that the Department has no intentions of initiating a highway improvement project which will not be in the best interest of the general public. Consequently, it is requested the Coast Guard reconsider its previous decision and authorize the project as originally proposed. We believe that when all economic and environmental factors are considered, the alternative selected is in the best interest of our state. Your assistance in expediting this review and reexamination will be appreciated. Thank you for your time and thoughtful consideration. If you need additional information, please call M. Randall Turner at (919) 482-7977. Sincerel , H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/eah cc: John Parker, DCM John Dorney, DWQ Michael Bell, COE David C. Robinson, Ph.D., P.E., NCDOT D. R. Conner, P.E., NCDOT M. Randall Turner, NCDOT l- . -t ate:. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C. 27611-5201 GARLAND B. GARRETT JR- GOVERNOR March 18, 1997 SECRETARY Commander (OAN) Fifth U. S. Coast Guard District Federal Building 431 Crawford Street Portsmouth, Virginia 23705 ATTN: Ms. Ann B. Deaton, Bridge Specialist Dear Ms. Deaton: Subject: Hertford County, A7orth Carolina; Replacetlteltt of Bridge No. 23 oil NC 43 over the Mccacolt River, TIP (Transportation Improvement Program) No. B-1231; .State Project No. 8.1070401; Federal Aid No. BRS-3033(2) On September 20, 1995 the North Carolina Department of Transportation applied for Coast Guard authorization to replace the subject bridge structure. The Department's proposal is to replace the old (c. 1940) bridge, having a 25-ft. vertical clearance, with a new structure having a 15-ft. vertical clearance.* On July 31, 1996 the Coast Guard notified the Department that the permit would not be approved for the proposed bridge replacement. The Coast Guard's disapproval was stated to be based primarily upon objections from two adjacent property owners. The substance of these objections can be summarized as follows: 1. Property Otis-tier A 's stated itttettliotts to use his Wiccacott River property as a por[ of refuge for his 3? ft. long sporiftshirtg boat during hurricanes that threaten his perntanem port itt Xforehead City, and 2. Property Otitvter B's implied future intentions to use barge(s) to haul logs prestunahly from property located upstream of the bridge site. In response, the Department feels that, as a matter of public policy, it is imprudent to allow the narrowly-defined interests of one or two landowners to dictate the design parameters of a public transportation facility. The Department must plan, design and build transportation improvements that will safeguard the overall public's interests. It is not *Note: It is important to point out that the vertical clearance of the proposed bridge ivill he 1S feet above normal water level (NIVI.), nut 13 ft.-7 in. The 13 ft.-7 in. vertical c•leurance, noted on drawings and in correspondence provided to the Coast Guard atrnl the Division of C'oustal Jlunugcment, erroneous4l contrasts the e-visting 25-ft. vertical clearance, nneasured at NI11, with the proposed structure's anticipated vertical clearance at a recorded high water elevation. Page Two March 18, 1997 Ms. Deaton uncommon, in fact it is rather routine, for individuals with property interests (present or future) to object to one or more aspects of a transportation proposal. These interests are often sincere, but are narrowly-focused on specific needs and/or demands of one, or a small faction of individuals. Unless these interest coincide with those of the overall public, or unless the objection can be accommodated without compromising project objectives, i.e., safety, transportation integrity, cost, etc., the Department has an overriding obligation to defend its proposal on behalf of the public good. Regarding the first objection (1), there is no question that numerous alternate ports of refuge are available to boatsmen whose home port is Morehead City. To concede to this objection would lend credibility to requests from any adjacent landowner (who might also be part-time residents) to lengthen, shorten, raise or relocate a structure, which is scheduled for replacement, simply because they would not be able to get maximum usage from some aspect of their personal property othenyise. In this instance, the Department is aware that it is proposing to modify an existing use. The Department completed a federal Categorical Exclusion study in 1986, followed by a reevaluation which was published in 1994. The resulting environmental document addressed a full range of topics, including cultural resources, natural resources, social impacts, and air and noise analyses. Interviews with local residents were undertaken to assess trends of waterway usage. The conclusion from these surveys was that only small recreational/pleasure craft up to 22 feet in length were using the waterway. Based upon this study and the response from the public during the public hearing, it was reasonable for the Department to conclude that a lower profile, less disruptive and expensive replacement structure would accommodate the pattern of usage that had been established in the 1980's. All things considered, this objection appears to be without merit. With regard to the second objection (2), it is important to point out that currently only one firm is transporting logs via barges in northeastern North Carolina. According to N. C. Forestry professionals in eastern North Carolina, it is generally not economically feasible to harvest and load logs directly onto barges at a harvest site. Harvested logs are normally transported via surface transportation to staging areas and in some instances it is feasible to load onto barges for final transport to the processor. If the timber stocks are located on flooded swamp forests adjacent to the river, it is unlikely that traditional, mechanized timber harvests would be permissible under Section 404 of the Clean Water Act. Non-traditional harvesting, i.e., helicopter or cabling out via winches to barges, would probably not be practicable. Again, in this instance the Department feels that attempts to accommodate the desires of a local, part-time resident, who may, or may not find it expedient to transport logs in the future from parcels located upstream of the bridge, is to subjugate the overall public's interest. The record will reflect that the Department is always receptive to comments and criticism from individuals or groups of individuals, but, in the final analysis, the interest of the collective public are usually the most compelling. It is on behalf of the larger public interest that the Department petitions the Coast Guard for a review and reevaluation of its permit decision. Page Three March 18, 1997 Ms. Deaton Following a review of all aspects of the subject project, the Department has concluded that is should continue to pursue authorization of its original design. In addition to comments made above, numerous other factors were evaluated in making this decision. These factors are summarized below: •. Federal Highway Administration approved Categorical Exclusion for project on April 21, 1994. During the investigation that preceded publication of the Categorical Exclusion document, it was determined that the only water-borne craft which utilized the river were small, recreational boats up to 22 feet in length. Based upon this data, the Department could not justify the expenditure of the additional funds required to purchase excess right of way and construction costs to build a new bridge with the same vertical clearance as the existing structure. Section 401 Permit was issued on May 13, 1996 by the Division of Water Quality (DWQ) of the NC Department of,Environment, Health and Natural Resources (NCDEHNR). • Section 10 and Section 404 authorizations issued by U. S. Army Corps of Engineers (Nationwide 23: CFR 330.5 [a] 23). O Coastal Area Management Act (CAMA) permit was issued on June 26, 1996 by the Division of Coastal Management (DCM) of the NCDEHNR. The adjacent landowner notification process is a mandatory prerequisite of the CAMA permit process. The DCM received adverse conutnents from the adjacent property owners, presumably similar to those received by the Coast Guard. However, the DCM decided to issue a CANIA Major Development Permit on the merits of the proposal, which were ultimately determined to be in the overall public's interest. While the DCM is charged under CAMA to make its permit decisions only after consideration of a wide range of issues, navigation and public trust issues were among the more important factors evaluated during that agency's deliberations. o Elevated bridge design will impact more wetlands. Redesign of the bridge replacement to conform to the existing vertical clearance will necessitate impacts to an additional 10,000 square feet of palustrine forested wetlands. Under the strict application of the 404b(1) guidelines, the Department would have difficulty justifying this additional impact, since its preferred alternative would avoid and/or minimize impacts, as compared to the elevated bridge design. The Department has reason to believe that the Corps of Engineers (Section 404) and the Division of Water Quality (Section 401) would object to the elevated bridge design on the basis of "avoidance/minimization'". O Additional design and anticipated construction costs estimated at 5189,000 would be needed to accommodate the elevated bridge project, as compared to the recommended design. Page Four March 18, 1997 Ms. Deaton o Additional right of way expenditures are anticipated to accommodate the larger footprint that would be required with the elevated bridge structure. o Project completion date would be delayed more than 1 year from date decision is made to shift to elevated bridge design. This delay will lead to additional cost increases. Under the existing, recommended design, construction letting could be scheduled within weeks of permit approval. It cannot be over-emphasized that the Department has no intentions of initiating a highway improvement project which will not be in the best interest of the general public. Consequently, it is requested the Coast Guard reconsider its previous decision and authorize the project as originally proposed. We believe that when all economic and environmental factors are considered, the alternative selected is in the best interest of our state. Your assistance in expediting this review and reexamination will be appreciated. Thank you for your time and thoughtful consideration. If you need additional information, please call M. Randall Turner at (919) 482-7977. Sincerel , H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/eah cc: John Parker, DCM John Dorney, DWQ Michael Bell, COE David C. Robinson, Ph.D., P.E., NCDOT D. R. Conner, P.E., NCDOT M. Randall Turner, NCDOT DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: N. C. Department of Transportation 2. LOCATION OF PROJECT SITE: Hertford County on NC 45 at Bridge #23 over the Wiccacon River near Harrellsville, North Carolina Photo Index - 1989: N/A 1984: N/A 11 ..._--------- State Plane Coordinates - X: 2,638,400 Y: 941,500 Harrellsville Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 10/30/95 10/11/95"°°c .! Was Applicant Present - YES NO 5. PROCESSING PROCEDURE: Application Received - 2/12/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hertford County Land Classification From LUP - Conservation (water, wetlands) Rural (land) (B) AEC(s) Involved: PTA (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A 7 Planned - N/A (F) Type of Structures: Existing - Bridge Planned - Bridge (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] FILLED OTHER DREDGED 8. (A) Vegetated Wetlands ±27,500 ftz (404 designated) (B) Non-Vegetated Wetlands (C) Other ±120,000 ftz Highground (D) Total Area Disturbed: ± 1.6 acres (E) Primary Nursery Area: NO (F) Water Classification: C-NSW Open: NO PROJECT SUMMARY: The applicant proposes to replace an existing ±25' 10" wide by ±379' long bridge with a ±33' 1" wide by ±360' long bridge. NC DOT Bridge #23 Hertford County Project setting The N. C. Department of Transportation (NC DOT) proposes to replace bridge #23 located on NC 45 over the Wiccacon River near Harrellsville in Hertford County, North Carolina. The existing bridge is ±25' 10" wide and ±379' long and has a vertical clearance of ±25'. The navigable water depth at the existing fender system is ±23'. The bridge is bordered on the downstream (east) side by 404 delineated wooded wetland vegetated with various species of hardwoods including cypress. The wetland area gives way to upland grasses on the road shoulder. The upstream (east) side is bordered by an approximately 50' wide cut over area of 404 delineated wooded wetland for aerial transmission line right-of-way. This cut over area is vegetated with various wetland plant species which give way to upland grasses on the road shoulder. Adjacent the cut over area continuing upstream of the bridge are 404 delineated wooded wetland vegetated with various species of hardwoods including cypress. The upstream (west) side of the site is bordered by uplands with a dwelling and various out buildings. This area is vegetated with lawn grasses, shrubs and several pines and hardwoods. The downstream (west) side of the bridge is bordered by an upland hardwood area. As you move away (west) from the river this upland wooded area gives way to an area of 404 delineated wetland. This wetland area appears to be the upper limit of a bottom land hardwood finger which connects to the Wiccacon River and is vegetated with various species of hardwoods, pines and various wetland plants. The river is ±225' wide at the bridge crossing and an existing fender system is in place with a navigable width of ±60'. The Wiccacon River is classified as C-NSW by the Environmental Management Commission. Project description NC DOT proposes to replace an existing ±25' 10" wide by ±379' long bridge with an approximately 33' 1" wide by ±360' long bridge ±50' downstream of the present location. The existing bridge which has 16 bents will be removed and replaced with a new bridge which has 4 bents. The existing vertical clearance is ±25 and the proposed bridge will be lowered to ± 13' 7". The existing fender system has a navigable width of ±60' and will be removed. The new bridge will have a navigable width of ±85'. Approximately 27,500 ftz of wooded wetland will be filled to create the approach for the new bridge. The shift of the existing approach will also result in the filling or disturbance of ±120,000 ftz of highground. NC DOT proposes to remove the existing approach outside the toe of the new approach and return it to the grade and elevation of the adjacent substrate. NC DOT Bridge #23 Hertford County Page Two Anticipated impacts U (4 The project as proposed would result in the filling of ±27,500 ft2 of wooded wetland and the filling or disturbance of t 120,000 ft2 of high ground. The existing bridge has a navigable opening between existing fenders of ±60' wide with a vertical clearance of ±25'. The proposed bridge will have a opening of f 85' wide with a vertical clearance of t 13' 7". While this proposal enhances navigation width, the loss of 11' 5" of vertical clearance will eliminate timber barge access upstream of the new bridge. Localized turbidity would occur as a result of the construction activities. David W. Moye - Washington Office - 14 February 1996 STATE OF NORTH CAROLINA DEPARTMENT OF TkANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GAPRETr JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY January 29, 1996 Mr. David W. Moye, Field Representative N.C. Department of Environment, Health, and Natural Resources Division of Coastal Management Washington Field Office P.O. Box 2188 Washington, N.C. 27889-2188 Dear Mr. Moye Re: Proposed Replacement of Bridge No. 23 on NC-45 in Hertford County On/about September 20, 1995 the North Carolina Department of Transportation (NCDOT) submitted a CAMA Major Development Permit application for the proposed replacement of bridge # 23 in Hertford County. A permit Is required, because the Wiccacon River, at the site of bridge # 23, was determined to be a Public Trust Water Area of Environmental Concern per Administrative Code Subchapter 7H.0207. As a Categorical Exclusion, the project's anticipated impacts to Secticn 404 wetlands (0.95 acre) are authorized under Nationwide Permit 23. These impacts include 0.23 acre of PF01 C and 0.72 acre of PF06F bottomlands On October 4, 1995 the Division of Coastal Management (DCM) returned the application due to discrepancies in the information provided and due to concerns about proposed changes in vertical navigation clearance, right of way, etc. Responses to these concerns have been made and are addressed in this letter and attached information, including revised MP-1 and MP-5 applications. Riparian landoviner notification verifications are also provided. Concerns raised by the DCM • Adjacent Riparian Property Owner Notifications- See attached material • Justification for requesting a reduction in vertical clearance: During its planning study, the NCDOT determined that commercial river traffic, including log barges, no longer utilize the river above the existing bridge. Furthermore, the NCDOT's investigation confirmed that the only vessels observed using the river channel are pleasure craft, including bass boats, etc., not over 22 ft in length. During Page 2 January 29, 1996 Mr. Moye the planning study efforts were made to contact local residents and others who were/are familiar with patterns of usage in the river. Although records of the individual interviews were not kept, the conclusion of the study was that the existing vertical clearance was entirely unjustified, based upon a pattern of usage that had been established during the last couple of decades. Will existing causeway be removed to wetland elevations ? The Revised Categorical Exclusion document for this project, published in 1994 (attached) stated that the NCDOT would remove the causeway to natural ground elevations. NEPA documentation: The NCDOT has completed a NEPA study of the proposed project, in accordance with Federal Highway Administration guidelines; a federal categorical exclusion document is routinely required for federally funded bridge replacement projects, which have been determined to pose minor risks to the environment. This document is attached. Right of Way concerns: The NCDOT proposes to replace the existing bridge on new location, which will necessitate the acquisition of additional right of way. Proposed right of way is indicated in plan views. Right of way acquisition will be accomplished either through "fee simple" purchase, or the statutory condemnation process well in advance of the anticipated August 1996 construction letting. It is requested that this revised application be processed as soon as possible to enable the NCDOT to upgrade the existing, functionally obsolete structure in the near future. If you have any questions or comments please call Mr. M. Randall Turner at (919) 331-4737 (office), or at (919) 333-2048 (cell phone). Sincerel , 4A Franklin Vick, P.E., Manager Planning & Environmental Branch HFV/mrt Enclosures cc: Mr. John Parker, Permit Coordinator, DCM Mr. Don Morton, P.E., Highway Design Branch Mr. A.L. Hankins, P.E., Hydraulics Unit Mr. John Smith, P.E., Structure Design Unit Mr. D. R. Conner, P.E., Division Engineer M. Randall Turner, Division Environmental Officer Form DCM-MP-1 AJPJL -ITDLff CAT (To be completed by all applicants) 1. APPLICANT b. City, town, community or landmark Northwest of Harrelsville a. Landowner: Name N.C. Department of Transportation Address P.O. Box 25201 City Raleigh State N.C. Zip 27606 Day Phone (919) 733-3141 Fax (919) 733-9794 c. Street address or secondary road number NC-45 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Wiccacon River 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: Name H. Franklin Vick, P.E., Manager, Address ME Branch, NCDOT, P.O. Box 25201 City Raleigh State N.C. Zip 27606 Day Phone (919) 733-3141 Fax (919) 733-9794 c. Project name (if any) B-1231; Replace Bridge # 23 over Wiccacon River in Hertford Countv NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Construct multiple span reinforced concrete bridge structure approx. 50 ft. downstream of existing bridge; existing bridge to be detour structure during construction, but will be removed at pro*. completion b. Is the proposed activity maintenance of an existing project, new work, or both? Both e. Will the project be for public, private or commercial use? Public Transportation d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Purpose/Use: Public Transportation Facility Construction:Reinforced Concrete Bridge a. County Hertford Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL El. 28.50 (NAVD) d. Soil type(s) and texture(s) of tract Dorovan (mucky peat), Bibb (loam), Norfolk (loamv sand) e. Vegetation on tract Palustrine Forested, Mixed Upland f Man-made features now on tract NC-45 and Bridge No. 23 g. What is the LAMA Land Use Plan land classification of the site? (Consul! the local land use plan.) X Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? Farm/Residential i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerlifrcale, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? NCDOT Staff Archaeologists k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? X• Yes No Me FHWA has approved a "No Adverse Affect" for the site conditioned on a site investigation being conducted prior to construction. Concurrence with this approach was received by the SHPO and the Advisory Council on Historic preservation. 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (411ach documentation, if available) See Attached. m. Describe existing wastewater treatment facilities N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface Runoff o_. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: - o A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the 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. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 112" by 11" white paper. (Refer to Coastal Resources Commission Rule 710303 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a past of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to Form DCM-MP-1 the site. Include highway or secondary road (SR) numbers, landmarks, and the like. OA Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND OA list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name David W. Basnight Address 1433 Fairway Ridge Dr. Raleigh, NC 27606 Name Walter H. Basnight Address 2709 Evans St. Morehead City, N.C. 28557 Name Thomas F. Phelps Address Rt. 1 Box 94A Cofield, NC I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I eertifv that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certifv that 1 am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. © A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. © A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. O A signed AEC hazard notice for projects in oceanfront and inlet areas. © A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. ffederal CE is Enclosed) This is the-? day of January 19 96 Print Name H. ra in Vic P. 04DOT Signature L n ne orAulhon:ed Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information Y DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sigh and date each attachment in the space provided at the bottom of each form. W Form DCM-MP-5 ]?Rl[dD(?IES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public X Private b. Type of bridge (construction material) Steel-reinforced Concrete c. Water body to be crossed by bridge Wiccacon River d. Water depth at the proposed crossing at NEW or NWL +/- 23 ft at channel e. Will proposed bridge replace an existing bridge? X Yes No If yes, (1) Length of existing bridge 379 ft. (2) Width of existing bridge 25 ft. 10 in. (3) Navigation clearance underneath existing bridge 25 ft. vertically (4) Will all, or a part of, the existing bridge be removed? (Explain) Existing bridge to be used as temporary detour during construction; to be completely removed upon completion of replacement structure f Will proposed bridge replace an existing culvert(s)? Yes X No If yes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW or NWL N/A (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A g. Length of proposed bridge 360 ft. h. Width of proposed bridge 33 ft. 1 in. i. Height of proposed bridge above wetlands 13 ft. 7 in. j. Will the proposed bridge affect existing water flow? Yes X No If yes, explain k. Navigation clearance underneath proposed bridge Approximately 13 ft. 7 in. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? X Yes No If yes, explain Although vertical clearance is to be reduced from 25 ft. to 13 ft. 7 in., a much %ider horizontal clearance (75 ft. 6 in. vs 58 ft) is proposed (also, see cover letter) m. Will the proposed bridge cross wetlands containing no navigable waters? X Yes No If yes, explain Relocation of bridge approx. 50 ft. north of existing bridge requires filling of some palustrine wetlands (see drawings) n. Have you contacted the U.S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. Form DCM-NIP-S 2. CULVERTS a. Water body in which culvert is to be placed N/A b. Number of culverts proposed N/A c. Type of culvert (construction material, style) N/A d. Will proposed culvert replace an existing bridge? Yes No If yes, N/A (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If yes, N/A (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert N/A g. Width of proposed culvert N/A h. Height of the top of the proposed culvert above the MHW or NWL N/A i. Will the proposed culvert affect existing water flow? Yes No If yes, explain N/A j. Will the proposed culvert affect existing navigation potential? Yes No If yes, explain N/A 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: No _ Coastal Wetlands - SAVs _ Other Wetlands If yes, (l) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards d. If the placement of the bridge or culvert involves any excavation, please complete the following: N/A (1) Location of the spoil disposal area (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes No If no, attach a letter granting permission from the owner. Form DCM-MP-5 (4) Will the disposal area be available for future maintenance? Yes No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: - Coastal Wetlands _ SAVs X Other Wetlands If yes, (1) Length of area to be filled 1,100 ft. (2) Width of area to be filled 0-50 ft. (3) Purpose of fill Relocation of causeway g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No If yes, (1) Length of area to be filled 1,500 ft. (+/-) (2) Width of area to be filled 80 ft. (+/-) (3) Purpose of fill Relocation of causeway 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail Project is likely to qualify for NWP 23: mitigation is not anticipated b. Will the proposed project require the relocation of any existing utility lines? X Yes No If yes, explain in detail Existing Electric & Phone lines to he relocated c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? Stringent Erosion Control per NCDOT's BNIP's for the Protection of Surface Waters f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Crane, excavater, backhoe, dozer, etc. g. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes, explain in detail Rip-rap at both abutments will stabilize fills slopes at end-bents H. Frankli Vic P.F, OT Ap a t Ject N7V 7Da n ure t 77*00'Franklin Norfolk Pot Ism Du IA Norfolk 76,00• LS} Ir7 Satfelk LYAeI Wallace Ion ^ t 2 Drum i nd Chts7peak E?u Z 258 $ t I7 NortAwesl ll l Creeds i 8 .,A0 ?Q(Ith and Bo stick ?? `I (r•', J t eyrr Somerton 13 WAs ..? VIRGINIA Drum Hill Coraaeake c 1 . Mayock RDLIXA-o1 Reynolds . 3 C \ C . o 7 Gates ODDS ?odsJ T, 'K tt?hland ?? .. ? , .?,o '. G r A 7 T E S 1 \ 258 ?` Roduco Ruckland 7 32 A South Mills `Sn 1_ e sl la t owden , yjqutuck w .00 f\ ns 9 \ I / r P 7 i k I3 3 3 158 Comer_ urfreesD we n / Sunbury 17 13 1 d-- o..o l 2 r lu ?` o M'ae f wbd X eto Maa 1 s / t ?' I58 Ca tesvdle+ I sra. y..e \. A- -7 A, Corolla re ury .IBatco? Waterlil t x I .} Winton Trolvdle J I7 • 7 a 7 S"ndycross 0 Ix II s 3 \ 1? _ ` ?` C niocll a 11 o., Tunis Hobbsviue (? + % MendalJ^ f Collis d 1 2 i1 EIIt7EC Cltj* Umon • Gliden t 11 ) den dl + 0 { y.' a ,.. . R,ddk P n\ 1 . ?K er rMCA s5 I , CAS- 1. E 7 Tr F 0 f,; ? r•//7 ?.: co.3 MID ] Q 1 u f Hatrtll r Rylan \ a oewidere c Ahoikie r. ' u ?r s amts • %I r 6 ChaQanok k may. Grandy d ° f 17 PER UIMAN 9 Ids oldTra sanderlina pw -tlU -J l ' - - Tynerl 7 misu 17 ee*anl P r p 1 v suers u! e er 2 Nuonton 7 - !2 Coleram i ertlaa 11 1 S ?P all ?. Duck - t0 7 } ??.j ?? .-. u Connarrtsa 13 7 C W N I h 7 r r y Point c..r.. h. , ' oc t 7 Du ants Neck w.d. h. Burden 11 f R ky "'"a ' 1 ?7??l ??}tl 7i Awes Aalla 1 7 Rat ?\ I _ Harbr a r\Porn `- Mount Gould . h i h { 1 Mbr? ` % ,0 C? skewrrllt A3Nand a cock edw..o+7 rf...^h. h r?? ^I t f\1 ? •7 ] R T I EdenAW • p wnw . Per S? Ki?ty 2 Souk i HsrD«H J 'w' Ur Kill D a ? Drew Midway J2 - arse Cdinlto I I . -? ' casaba \ f e \ t Lb¢y7k twsu+r 158 + Wihd3a 7 _ Merry _ -- tS V) ua w..Nats Ha Hill f { BYIf Bav /Fort La mar asAoe "p Ncw loundlandJ ? u Qurtsna GriotowI ?Ma[keT}sr- 5 '? ?? 73e ss Manni ! o 13 6 S rl •0 __I it Co ii _ S 0 1 30 O 1 10 20 30 10 /! B-1231 BRG "'OE3 o H , 8. 1010401 Ih1iON N 173 1,33 ``_?•1 , 29 Lll L rq ?? \.?._ Cy n° a r.o7 ?:,. Clv? .V w? Lim J , _II7 e s r; ^ . ° ... cL I(j i i 'o COFIEID ?I uQa ?? '!'s ya.. r u3' R F-v (S E w e 1Z -g-5 ? Grroe d i 7.7 14.1 Lf2a u ° v "" N C CEFARTNIENT r e.. lsd! e WE , IRA uu -F TRAN3PORIATION , ' . W ON ?- D I V 131ON OF NIGH WAYS ? I?C 7 . ? 1331 f, V HERTFORD COUNTY L? P as ?. r{y + .y 7 U F: ...1.. ?.9 u t? : % f ?? 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M a 40 \\ 9 _0 ' in U w 1 == -c 1 ?: N ? \ J Lti W g o / o o ? 17-11 N ? W LL Nr- O n CJ N I O O i ? N o CC) I o n N N co 7 C o of C? 1- C Z w? O ? I 3 o ? ? `?? , Z v p i o ? Ot'?2? - J 4-- Z = ;:,- t- o ? D to ? ? ?- CC v 7 -5 p 0. m :r I Q 1 Q J U I W I I -, Cf I ? 0 w I ? a ?, I U L, I 1 ° o c ELI. • U Z O o O -? ID in O , °° O • o W D v ? 1 M U Z W 0 O Z ? J 1- i (n X W ? I m...1..1... 0 to n e- U N J •..¦ •I.- Z .... w.. Q -.•. some mass .... Q1 J V v m LL. 'o v o ci N ' R W 4aW O ~ N c LC aD W w a ?cr o 0 = - u d Z O w 0 L&j v .' W W . A ?-z- rr W T .. m 4 I LLJ o I? w Q) cc 0. o G w o v M i W E- I V) I l1 I wo i Z W i w > I LL. O I ? I U W I cr- z ?w U1 (n I X p t W I-- 1 1 1 1 z a 1 a w J 1 1 .. 1 . u JI W AIO,O u r$ U-) I +? J ?M J I U 'yl. • ?? ._N1 stas farm cr W `J aaaaa.us? :-a I j Y Vy I W I J w • ?Z tD Z J v" O qT p I X o c (V O cn.. N I O 0 a a C) U W n cr- (Z V) F- LLJ U Z z LL- O O w M d" O M O W } U IL . W ... O W' (? LLJ lL 1 • V w m J = f- -m- > w p z Q U ? ?. N Z W -7 J Q 0 U f? -' O w o O W (n (if in ui w (f) Of Vn a- CL p" O . N co LL. H - W z Q 0. C) U N W ^ J N Q n U- m ril LO zl 0 U W Cn WI m J Q U CL ~I Z O ? <., I n, CC I cr- , LLJ 8 V) 'a CC ; CJ (? Q u t O o v Cr, o . ,., cc i e Q cl- w ? I Ln ? Q Q G ?? ui W u ?I U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: County: Ltqc ? Telephone Number?C- I'li 5 i i - `'1 15 I Size a rd Locate n of Proper y(waterbody, Highway ame/number, town, etc.) (? 'L On ?1W iGC ph ?? eau J -rip 1a31. Indicate Which of the following apply: a wetlands on t bove described pr erty which we strongly . gcst should be deline tcd and ° Th;;e?? s, . T he surv d wetland lines m e verified by our sta efore the Corps wil eke a final urisdictional det mination on your p erty. ° Because a size of your property a our present workload, identification and del' eation of your wetlarjAg cannot be accomplishe a timely manner. You y wish to employ a co ultant to obtain et-y' _vl m timely delineation of th etlands. Once your co cant has flagged a wetly line on the pro rps staff will review it, , if it is accurate, we st gly recommend that yo ave the line su ed for final approval by the ps. The Corps will no ake a final jurisdictional termination on y r property without an approv survey. The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this d termination Tay be r ied upon for a period not to exceed tyears from the date of this notification.D lj ? ? ° There aE/no wetlands pre nt b'n ethe above descr' d property which ar F qu lec't"to tR ?e met requir ents of Section of the Clean Water 33 USC 1344). Unless re is a change i c law Vm r ublished regul ons, this determinate may be relied upon for a p od not to excee ree years the date of t ' notification. ° The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any ques to C" 11 r I A s r garff'r9kiA t l-- Corps of Engineers regulatory program, please contact q at 1?- 1-174 Property owner/Aut-boriz d a wnf T Project Manager Signature Date to--;D- IS Expiration Date to` M- =0 SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. CFSAW Form 566 1 OCT 92 Notification of Jurisdictional Determination DATA FOKM ROUTINE WETLAPlO DETERMINATION 0 987 COE Wetlands Delineation Manual) Projoct/Sito: ,?-!/ ??44t? NG- S1S !,ll?ccal?vice, Data: 67-'31 -S' Appilcant/Ownar. d County: lnvo:c!?atcr ,¢-// Tr Le .?- State: ItlG Qo Normal Clrcum=ncos exist on the sw •• P N Community 10: FOI d? 13 tho site si®nificatipy disturbed (Atypical $ityationll o Cs Transact 10: 13 tho area a potential Problem Areal Yes Plot 10: (if needed, explain on reverse.) VEGETATIO N orminant Plant Soaeias Srra"ir" IMiearor - u as ' ?cz? _- Oorn;nanr Plant S414ea Sr?ervm Indlealor a.-74 xrr 114 42 ,rl ? 1L L 2.t At, j.,e 4t? ?nv 7- ,l1 i?vl 1 o.7A-r ?.FrAxi 4-??sw«e 4. / 11.yiryS 17. ; . W1 71J,4 zz f 13. - t1. MgjLjgV/A y1 r a I/.4th sAA t 14. _- --• U. /ErAr?4- Fat, Ll, I a. s,Rrur ?ri.? 4lq.s aFw 4-A Ae 1 a. Percent of Oorrminant 59e6ea that we COL. FACW or FAC (excludlnp FAC•1. Ramartu: ' load HYDROLOGY ?? 1 l •? Reootded Data Maecraw In ftarrawul: Stream. Lau. mas Gaups AarW Pisotoprapta Other tle naoscUad Oats Avtllads Welland tfydrdoQy In.catorw Primary V 4+ carat ; / Icanri4atcd twated In upper 12 Maws ?Wazcr Lull u 41::?t)rift uned ? LI..? '' Oe?eita FAd Oaesrvodonst . Li6rcinape Panama in Wsdards • 5s40r>aary Irlrlutan (2 at more rsgWn4l: oqW at Zudm o Water: on.l „?C dtst' Root Ch,-mciv M upper 12 Mchas Depot to F•rss Water In Pic ?_w i'i9ate4•4te4ned Laavss „j_/tocai swl Survey oata 049th to saturutzd Sol: f7 4rt.J -FAC-t waci Test _ otter (:ar- In R"fwtal Rommdcat ' SOILS Map Unit Name 13•riss and Phassl: EbMV/4 Ir Drainage Class: 71D-? Rsld Obssrvadons Taxonomy (Subgroup): Confirm MApped Typal Yoe No P"3f,la Celcrodon• 00PU1 Matrix'Color Mottle Colon Mottle one ee on on 1Mvn1e11 Moiet) 110unsep MoisU AbundarcerCenrrsst Torture. Conwedana. 3rNcture. etc, -/10 Y12 Hyddo Soil Indlcators: Histosol C dons lstio Eaipedon ?ghnon h Organia Content in Surface Lsyor in Sandy Sale Sullldlo Odor Of aria Streaklnq in 9artgy SoiJo Agvla Moisture Regime sted on Local Hydrla Soils Uat ZV'Roducing Condidona Usted on Nadonci Hydrio Sag Wt G(eyod of Low-Chrome Colon Outer M=4&in in Remarks! Rcmartat TLAND DETERMINATION ' 'Nydr6pht"o Vegetation Pteserit? Y. No 10kdal ' 1C1rds1 Wadend Hydrology Present? .e Na Hydrla Sale Preaent? ee No In Uis Sampling Point VAthin a Wedand? Yo ?10 Ranartcs; pproveo oy f e '• ROUTINE WETLAND DETERMINATION 0 987 COE Wetlands Oalineation Manual) ProJocvSltp: - UJP -- /UG-?S L2lf Data: ' Appllcznt/Ownar. Caunry: Invo. tioator.' State: i(l 4a Normal Clicumsrancos ox?st on tho site? <Ta? No Community ID; / O 14 the aita sipnifezntiy dl=rbod (Atypical Situauon)7 des N® .Transoct ID: [n(If a aroa a pott ridai Problam Area? Yes ® Plot ID: needed, explain on roverso.1 VEGETATION ominan Plant 'Sp C Stratum Imitator Oomin.nt P1.nt Sp.ci.a Stran,m Indlcat ar r n'?7?f'•' f ?'• /?? tTr a. ire tAw T ObL t ?[ FAf 4.'ffIAU-A 2A'60 _ 7- _ . 1 uncy5 e uSuS _E_ ?2 .nA!q A&llQ? % AjLc Q. SrP/ rU?/'U?7 14. Pltctem at 00"rutnt SPatae. iJwt are aaL. FACW et FAC /nDO? (excluding FAC•1. ((/ Ilctrtertc.e: . HYDROLOGY r .. .. . .. . . ?R.oardad Date W.,"o In Raxn.rM1: ?Str.cm. Loka. at TWa Gouge =A.rtd PAotoarapha Ottwt tlo ft&awuod Oates Avta + . . . Woo" HydtdoQY tr%,J"tars: Pttn%4ry ksatwtarat ?kaus.tatal .... z.cwsud In Uppct 12 tncttioo etas Atartfa ' ? Onn Ursa. Field M&ervadons: ?? nt Oa?tdti tt3in.Qe Penertsa In Wedanda • S.oanaery ksaicators (2 or more requlr.dl: Oq>7t at Steam Water; j w Root ChAn sds in Uppat 12 k ws y •{J /? ?y W?a?tat-4I-fined Loaves d S a L D ? . Ospin to Five Watat In F1C ' ac o Swvoy ata r ?? , ' -FAC•tiwud Tact , ; ?Gn.1 O?ptlti 5oatratc4 Sod: - In Ramse"l ,,,? ecru IExp tlct wi6at .r ` Ott a. 1,pvopOM v ufwlnl wpd DuA4u+.S larl n , i •• IrvaruWij ul Y4M=31 I$L(3p ?. lm nvr DNPAH Puomi, uD Pal an - ..opt .4,D.KJ,MO1 „ P?+?+ID ` Jan .rDS DNPtiH PDT uo po:sn .?. ApuvS IN9 AWvp ui Durq.•q q auDPIPUo, Oupn? •u+lD1!! •JruapW o!^by'i" J" ET 1 &";jnS u) )ualuDo DIuaDJp yD,N - JCPO D(pu S- auoplJ000, ?••• uopo1103 DMIH' •, .. :&Jcjvr jWu) VoS DNPAH Ora ? ? YO ey, L • • ^ y I • • •? Is ? / \ ? ? O ?.•? `? HNwD,7/1?u1pYnQr Jc o '.uopsauo2 ••Jtus. ! W p?cunyy • ? •' " .L D?°W tJO ?! is o •cu V !Wit ?1 uo No 11 au. . • . .. - , I? .p•JOyly JDID? Jt1JJayy. tnd1o • DN SPA 11 a3, p•DDsyi J"Yugo .??? u?J1 rip .uoq.,uD.gp pI•):i I :Satz) apaumo :IanoJOgns) Aurouoxa,L • / / :Triad Pun aaN•CI DLU );un cart si1OS NOLLVNIWu313Q ONrL13m °N ' jJu•aaJd a?or D ' oN F+P+?H . I•I?+DI oN iw•/•J,d ADopJpAH Pu'p'M • ?J4•N/d 40paJ1D•^ DprlydO,pAH t r' State of North Carolina Department of Environment, Health and Natural Resources o Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 13, 1996 Hertford County DEM Project # 951031 APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. DOT Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval to place fill material in 0.63 acres of wetlands or waters for the purpose of replacing Bridge #23 on NC 45, as you described in your application dated 19 February 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733- 1786. Sincerely, stop 'Howar , Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM Randy Turner, N.C. DOT 951031.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper r Z ?> A b' vl 103 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. Box 25201, Raleigh, N.C. 27611-5201 September 20,1995 Commander (OAN) Fifth U.S. Coast Guard District Federal Building 431 Crawford Street Portsmouth, Virginia 23705 ATTN: Ms. Ann B. Deaton, Bridge Specialist Dear Ms. Deaton: GARLAND B. GARRETr JR. SECRETARY I Ail SEP 2 6 JsS5 i' Subject: Hertford County, North Carolina; Replacement of Bridge No. 23 on NC- 45 Over the Wiccacon River; TIP (Transportation Improvement Program) No. B-1231; State Project No. 8.1070401; Federal Aid No. BRS-5053(2) Application is hereby made by the North Carolina Department of Transportation, Division of Highways (NCDOT-DOH) for approval by the Commandant, U.S. Coast Guard, of the location and plans for the construction of a fixed span bridge to replace the existing bridge over the Wiccacon River approximately 2.2 road miles northwest of the town of Harrelsville in rural Hertford County, North Carolina. Plans call for the replacement structure to be constructed slightly north (downstream) of the existing structure (see attached plans). Specifically, the proposal provides for the replacement of an aging (1940) structure which has a substructure of creosoted timber caps and piles, and reinforced concrete caps on timber piles; end bents are of creosoted timber caps and piles with timber bulkheads. Multiple (14) spans @22 feet and amain span of 69 feet comprise the 379 feet length of the existing structure. The main span, which contains a timber fender system, provides for navigational clearances of 58 feet horizontally and 25 feet vertically. The replacement structure consists of five spans, including two @ 90 feet, two @ 70 feet and one @ 40 feet. The main channel span will provide for navigational clearances of 85 feet-7 inches horizontally and 13 feet-7 inches vertically. The existing fender system will not be replaced. The clear roadway width of the existing structure is 25 feet-10 inches; the proposed replacement bridge will have a clear roadway width of 30 feet. Xl? Page 2 Ms. Ann Deaton September 20, 1995 Federal funds will be utilized and have been applied for under the Federal Aid Bridge Replacement Program. The Federal Highway Administration (FHWA) project code for this action is BRS-5053(2). The U.S. Army Corps of Engineers (COE) under authority of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 must also approve the action. It is anticipated that the proposed action will be authorized by the COE under Nationwide Permit 23 and by the state Division of Environmental Management under Section 401 Water Quality Certificate No. 2734. The NCDOT-DOH has submitted a Coastal Area Management Act (CAMA) permit application to the state Department of Environment, Health and Natural Resources. A copy of this permit application and associated drawings are enclosed for your review. Once these state and federal permits have been obtained they will be forwarded to your office. The FHWA has determined that this project will not have a significant impact on the human environment and accordingly authorized the project as a Categorical Exclusion in accordance with 23 CFR 771.115 (b) (9). A copy of the Categorical Exclusion document, which was approved by the FHWA in June 1986, is submitted for your review. The Categorical Exclusion study considered several alternatives, including a do-nothing and five (5) build alternatives. There are no wildlife and/or waterfowl refuges, recreational areas, public parks or historic sites in the project study area. Furthermore, a study by a staff biologist has concluded that no federally protected species or their habitat will be affected by the proposed action. Legal authority for the proposed bridge replacement project is found in the General Bridge Act of 1946. As indicated above, application has been submitted for state and federal permits which will be required prior to construction. The existing bridge and obsolete approachway sections will be demolished and removed immediately upon completion of the replacement structure and its associated approachway sections. Construction is scheduled to commence in mid-late Winter 1996. Please find enclosed one (1) original and three (3) copies of the U.S. Coast Guard drawings for the project, in addition to copies of applications and related drawings for permits from state and federal agencies. Page 3 Ms. Ann B. Deaton September 20, 1995 Please include the TIP Number (B-1231) in any correspondence from your office regarding this project. Should you have any questions or comments please contact M. Randall Turner, Division Environmental Officer, at (919) 331-4737. Sincerely H. ranklin Vick, P.E., Manager Planning & Environmental Branch HFV/mrt Enclosures cc: Mr. John R. Parker, DCM, Raleigh, Permit Coordinator Mr. Terry Moore, DCM, Washington Regional Office Manager Mr. Mike Bell, COE, Washington, NCDOT Coordinator Mr. Raleigh Bland, COE, Washington, 291 Coordinator Mr. John Dorney, DEM, Raleigh, 401 Coordinator Mr. D. R. Morton, P.E., NCDOT, Highway Design Branch Manager Mr. A.L. Hankins, P.E., NCDOT, Hydraulics Unit Head Mr. John L. Smith, P.E., NCDOT, Structure Design Unit Head Mr. D. R. Conner, P.E., NCDOT, Division Engineer Mr. Wayne Elliott, NCDOT, Project Planning Unit Head Mr. M. Randall Turner, NCDOT, Division Environmental Officer PROJECT: 8.1070401 LOCATION MAP f STATE OF WAN CAROL04A DEPARTMENT. OF -TRANSPORTATION RALEKM PROPOSED 'REPLACEMENT.' BRIDGE OVER WICCACON RIVER HERTFORD-COUNTY - SUBMITTED BY: CH cF ENGINEER OR ivN C. ^DBETTER DATE :121 CHECKECO =Y . 4A.7+0 ?4vs•v DATE I-3o.9t 0 .O O O LO W Z O O Nl O O W ? O n < W L ] Z LQ W Q W ? j a W Q = cr U w W a? li a rl v O ? `) G O N.O. ? Z C Q p? Ly Q Z U < L W Q LW O D `` - a U N -? W rs-?y .. .. zW I - .-.. O. i w --- Z Q c? o z a •--- U) co x U) o W i = Q., LLI' LL W Q N Q W N O OOb???M . v .,n ?.... W Z) '•a h- W V It' I LLJ a w 3 w J l l 1 O m Ji % 0 J rn $ CC) .' ' C) cr- DW 1.t •J• ° _ OW O ' r..». N cr D pW !1 l ?J ?X. , N O ,;I- 0 (`- O W co J_ Cn F-- W Q 001 :?_ ^... U ? `? w LJ J O z_ -) a f- (.) J O cr- w Cl .W . b W O :. N Z H a- W LL U) D of 1) O cD ~ LLJ : ?=- N , \ W Ql) M. D 'I LL-1 ? l CL W Z?l Q W= o _ Q . ?3 oa o cl: ` W ??, U- ? cl I I ; Wu = ri a O c w ti, .i I., m _ - =1 I I -_1 ?7I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 15 February 1996 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator f a a o ®F= F [1 -9 60 1 77 RECEIVED WASHINGTON OFFICE FEB 1 ivV6 D, SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: North Carolina Department of Transportation Project Location: On NC 45 at Bridge #23 over the Wiccacon River near Harrellsville, Hertford County, North Carolina Proposed Project: To replace the existing bridge with a new ±360' long by ±33' 1" wide bridge. Please indicate below your position or viewpoint on the proposed project and return this form by 7 March 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481, Ext 298. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Signed Date 1 ' 1424 Carolina Avenue, Washington, North Carolina 27889 T©lephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10% post-consumer paper DEHNR Fax:9199753716 May 3 '96 11:31 To: John Dorncy Planning Branch DrvxSION OY SNVIOmmim ILWGEmfr CARA/COE PERMIT APPLICATION REMW P. 02/08 WaRO ZPROJECT SAWYER w/,¢ ? WQ SUPEMSOR: THO E ? UATE: WETLAND INFORMATION FOR CENTRAL OFFICE TRACING pIDZHZT YR.- 92 P NO COUIiTY: FRO=. NAME: p ! ?? PROJECT TYPE: w'd PI3R?fIT TYPE: i i Ii COI? DOT ?z RCD FROM CDA: DCH DATR FROM CAA- REG OFFICE: WaRO ItIVEH AND SUB IN STRZA24 OR ADJACENT WATER BODY: i6u-k- CLASS: C - v STRIIAH PMRX 2: C2 OPEN OR OS WL IMPACT! WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCARE: MITIGATION: MITIGATION TYPE! MITIGATION SIZE: ItAT?iG SHED ATTACHIM? MCOH=ATION: 5SP-'" I33UE/COND DEFY HOLD , STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJBCT DESCRIPTION: WATER QUALM CUT. (4,01) CERT. REQID: Y IF YES, TYPE: &-AV ?IleCP' SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PER11IT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: "0 WETLAND: 7 5 ???,? t IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING AREA TO BE DREDGED: -j O IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central*Fil= ; DCV Field Offices; COE Washington Office