20031606 Ver 1_Complete File_20031216

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR //,, SECRETARY
December 15, 2003 ?6r?`1/?/q
OFD, /4ol G'Ro40
U.S. Army Corps of Engineers 11
Regulatory Field Office ?C
Post Office Box 1000
Washington, N.C. 27889-1000 0,816011)
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Attention: Bill Biddlecome
Subject: NW 18 request for fill in wetlands associated with road improvements on SR 1156, Bishop
Road in Hyde County.
The North Carolina Department of Transportation is requesting a NW 18 permit for fill in
wetlands associated with road improvements to SR 1156 (Bishop Road) in Hyde County. The current road
is a gravel surface that will be widened and paved to current standards. In addition to this there will be a
section of the road that will be new construction. There is also a portion SR 1156 that will be pulled out
after the completion of the new road. This is being done in an effort to restore wetlands in accordance with
the Bishop Road Mitigation Site Plans that include 900 acres of land surrounding SR 1156. The work plats
and permit drawings depict the new road construction location. The new road location was deemed none
wetland due to ditch drainage in 2001 by the COE. Correspondence regarding this jurisdictional call is
included with the application. If you need any additional information or have any questions concerning this
project please call me at 252482-7977.
Sincerely,
Don Conner
Division One Engi
Clay i4a.:'
Division One Environmental Officer
Cc: Mike Thomas, DWQ
John Hennessy, DWQ
Rob Ridings, DWQ
Travis Wilson, WRC
Sterling Baker, NCDOT
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Office Use Only: 6 Form
Version May 2002 0 3 1 6 0
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed
Buffer Rules
? Section 10 Permit ? Isolated Wetland
Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 18
3. If this notification is solely a courtesy copy because written approval for the 401
Certification is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (verify availability with NCWRP prior to
submittal of PCN), complete section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed
on page 4), and the project is within a North Carolina Division of Coastal
Management Area of Environmental Concern (see the top of page 2 for further
details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT
Mailing Address: 113 Airport Dr., Suite 100, Edenton, NC 27932
Telephone Number:[phone] Fax Number:[phone]
E-mail Address: tcwillis@,dot.nc.state.us
2. Agent/Consultant Information (A signed and dated copy of the Agent
Authorization letter must be attached if the Agent has signatory authority for the
owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:_
E-mail Address:
Fax Number:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. Both the vicinity map and site plan must include a scale
and north arrow. The specific footprints of all buildings, impervious surfaces, or
other facilities must be included. If possible, the maps and plans should include
the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the
property boundaries outlined. Plan drawings, or other maps may be included at
the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be
submitted on sheets no larger than 11 by 17-inch format; however, DWQ may
accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will
be informed that the project has been placed on hold until decipherable maps are
provided.
1. Name of project: SR 1156 Bishop Road, Hyde County
2. T.I.P. Project Number or State Project Number (NCDOT Only): I C.048006
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Hyde Nearest Town: Scraton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): US 264 in Hyde
approximately 0.51 miles west of Scraton Creek
5. Site coordinates, if available (UTM or Lat/Long): N 35° 30'27.90" W 76 26' 47.26
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Scraton Creek
8. River Basin: Tar-Pamlico Buffer Basin
(Note - this must be one of North Carolina's seventeen designated major river
basins. The River Basin map is available at
http://112o.enr. state.nc. us/admin/ipVs/.)
9. Describe the existing conditions on the site and general land use in the vicinity
of the project at the time of this application: The first 680 feet is a old cutover
that will be a new road. The last 1080 feet is an existing gravel roadway that
will be built to current standards. General landuse in the project area is
timberland agriculture and rural residential housing.
10. Describe the overall project in detail, including the type of equipment to be
used: This project involves building a new road including subgrade, grading,
widening and paving of an existing roadway. The equipment that will be used 1
includes a dump truck excavator, backhoe roller and motor grader.
11. Explain the purpose of the proposed work: The purpose of this work is to
upgrade a secondga gravel road to a paved surface to provide a safe
travelway for citizens using this road for access to their homes.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or
obtained for this project (including all prior phases of the same subdivision) in the
past, please explain. Include the USACE Action ID Number, DWQ Project
Number, application date, and date permits and certifications were issued or
withdrawn. Provide photocopies of previously issued permits, certifications or
other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a
NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the
current application.
There are no future permit requests anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to wetlands, open water, and stream channels associated with the project.
The applicant must also provide justification for these impacts in Section VII
below. All proposed impacts, permanent and temporary, must be listed herein,
and must be clearly identifiable on an accompanying site plan. All wetlands and
waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland
and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact
is strictly for wetland or stream mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a
separate sheet.
Provide a written description of the proposed impacts: There is one location
where 0.007 acres of wetlands will be impacted by the project. This will result
from the widening of the roadway to current standards. The included permit
drawings depict the impact location and the extent of the impact. The wetland is a
mixed hardwood/ pine flat that is managed for silviculture.
1. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
Site 1 Filling 0.007 No 1000 Managed Pine Flats
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA
Map Service Center at 1-800-358-9616, or online at htt3r%iwww.fema4ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland,
beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by
USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
1.0 acres
Total area of wetland impact proposed: 0.007 acres
2. Individually list all intermittent and perennial stream impacts below: None
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent'?
indicate on ma linear feet Before Impact leasespecify)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and
associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet
before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.),
excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear
footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary)
to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-
800-358-9616, or online at www.usss.Qov. Several internet sites also allow direct download and printing of
USGS maps (e.g., www. topozone. coin, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Individually list all open water impacts (including lakes, ponds, estuaries,
sounds, Atlantic Ocean and any other water of the U.S.) below: None
Open Water Impact Area of Name of Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A
" List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till,
excavation, dredging, flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts
should be included above in the wetland and stream impact sections. Also,
the proposed pond should be described here and illustrated on any maps
included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation,
installation of draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic,
trout pond, local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface
area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be
useful to provide information related to site constraints such as topography,
building ordinances, accessibility, and financial viability of the project. The
applicant may attach drawings of alternative, lower-impact site layouts, and
explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss
construction techniques to be followed during construction to reduce impacts.
An on-site meeting was conducted with the District Engineer, and a olan was
discussed to minimize wetland impacts by only constructing the portion of the
road that served homes. There was originally an additional 0.5 miles of road
construction that was eliminated due to wetland impacts and the absence of homes
along that portion of the road.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by
the NC Division of Water Quality for projects involving greater than or equal to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000,
mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment are minimal. Factors including size and type of proposed
impact and function and relative value of the impacted aquatic resource will be
considered in determining acceptability of appropriate and practicable mitigation
as proposed. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect open waters such
as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be
attached in order for USACE or DWQ to consider the application complete for
processing. Any application lacking a required mitigation plan or NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose
to review the current guidelines for stream restoration in DWQ's Draft Technical
Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngjde.htmi.
1. Provide a brief description of the proposed mitigation plan. The description
should provide as much information as possible, including, but not limited to:
site location (attach directions and/or map, if offsite), affected stream and
river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.),
and a description of the current site conditions and proposed method of
construction. Please attach a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's
responsibility to contact the NCWRP at [phone] to determine
availability and to request written approval of mitigation prior to submittal of
a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at
http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed,
please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use
of public (federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document
pursuant to the requirements of the National or North Carolina Environmental
Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA
document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so,
please attach a copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to required state and local buffers associated with the project. The
applicant must also provide justification for these impacts in Section VII above.
All proposed impacts must be listed herein, and must be clearly identifiable on the
accompanying site plan. All buffers must be shown on a map, whether or not
impacts are proposed to the buffers. Correspondence from the DWQ Regional
Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B
.0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250
(Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )?
Yes ? No ® If you answered "yes", provide the
following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by
applying the buffer multipliers.
Zone* impact Multiplier Re uired
(square feet Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed
(i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration
Fund). Please attach all appropriate information as identified within 15A NCAC
2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on
the site. Discuss stormwater controls proposed in order to protect surface waters
and wetlands downstream from the property.
Existing impervious gravel road covers an area of approximately 0.38 acres.
Proposed road improvements will result in an impervious area of approximately
0.81 acres. However, a portion of the old road is being pulled out which will
result in a decrease of impervious surface by 0.61 acres. NCDOT's standard Best
Management Practices and Soil and Erosion Control measures will be adhered to
during the life of this project.
XII. Sewage Disposal (required by DWQ)
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any
Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance
of desired construction dates to allow processing time for these permits.
However, an applicant may choose to list constraints associated with construction
or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species,
accessibility problems, or other issues outside of the applicant's control).
N/A
/5",
ApplOant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Prop,-.I-P. + ??? ncr .Agent: N('D(YU, Don Conner. I)iviyi)n Engineer
t1;ir??,s1 13 ,?irvort D?•?vc, Suite 100
Edenton, North Carolina 27032 l.dq, wnL Nunlhcr: 52 H82-7)77
OFFlt~.;,F
Si,?e and ! ocal1t11l ut? ['lu???rt? ??? atcrhtldv roa?.1 nanic l tmhcr,_h.l'1? Ili ctc.l. Project is located between
NC 5R 1156 ai?d_US ifit;htav2b4 yt nw th of Scnu?toniNC .t acent to Scranton Creek.
I,),,, •riptioj y0c1 t?,: Construct a new access road needed to connect UT highway 264 to Bisho
Road directly across fron? Silverthorne Road. The existing Bishop road connection to U.S.
Ilii rhwa 264 wilt he removed for the proposed Bishop Road midgation site.
1'our Nvorl: as proposal dues not require Departnlrnt clfth,_ Army MAW % for the It?ll?t??in,?
V?.%ISon(s):
- I lyre,.Innip jurisdictiorlai et.;lter, car%?etlallds \?ithin the hOlllldal'IC, ol'thC pr)pCil?.
X Me propo cd project does not impact jurisdictional Nuitcrs or wetlands.
The proposed project is excnlpt himm Department elf the .Army rck-'ulatir)n.
'ipecify: The project area for the new road was determined to be non1urisdictional based on
drainage hugacts from an existiin a drainage ditch. -??
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>lp1"WCT1-ia0C State <11ld 11;`lorc hG 1l11llll;, t.tr>r1;.
I','1'slll% 1.Wti\ ll\' "Athin the tR cnq woanal conndus
Ili, i;ion 01'Coastal Mallar?cnlent in Morehead ('it
leljlllietl Statc a(ltl10llr`.a(10H.
hchwc hc!?illll ng <'4 we "Oil llllist cilllti.lct the 'I.(
North Cawlina, at to discuss an%
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"witact Bill Biddleco?ne ;lt l !?tll;,.11;: rlrullh,°r 1) l01o t. 31.
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04/04/2003
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a :l 1,v P Ofn S 'vOrq mmp WIII not need a permit the ( _ p , A WgOe?em. Pomp r ;f ". f e up K, uen Sn; i Ti,-.
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-to
United States Department of the Interior
FISH AND WILDLIFE SERVICE
' Raleigh Field Oft e
Yost Office box 33726
M ?. Raleigh. North Carolina 27636.3726
October 4, 2002
Clay Willis
Division 1 Environmental Officer
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Dear Mr. Willis:
Thank you for your September 5, 2002, biological assessment regarding impacts to sensitive
joint-vetch (Aeschynomene virginica) from the proposed realignment of SR 1156 (Bishop Road)
at its intersection with US 264, just north of Scranton Creek in Hyde County, North Carolina.
This letter provides the U.S. Fish and Wildlife Service's (Service) response pursuant to section 7
of the Endangered Species Act, as amended (16 U.S.C. 1531 et seq.) (ESA).
As your letter states, Mr. Dale Suiter, of my staff, helped the North Carolina Department of
Transportation (NCDOT) environmental biologists conduct surveys for sensitive joint-vetch at
the site on September 4, 2002. Several plants were located in the roadside ditch on the east side
of US 264 between the existing SR 1156 intersection with US 264 and the proposed SR 1156
intersection with US 264. We understand that, prior to construction, the area in which the plants
are presently found will be clearly marked so that no disturbance to the plants will occur. We
request that the entire ditch from the footprint of the new SR 1156 to the point where SR 1156
currently intersects US 264 be delineated with orange mesh fencing during project construction
and that no modification of this habitat occur. Provided that the NCDOT adheres to these
commitments and avoids impacts to the delineated area, the Service concurs with your
determination of "Not Likely to Adversely Effect" for sensitive joint-vetch. In addition, to
further protect this population, the Services requests that this area be marked with "Do Not
Mow" signs, be incorporated into the NCDOT's roadside rare plant program, and that the
NCDOT take steps to ensure that this population of sensitive joint-vetch is not mowed, treated
with herbicides or impacted from ditch cleaning or other road maintenance activities.
We believe that the requirements of section 7(a)(2) of the ESA have been satisfied. We remind
you that obligations under section 7 consultation must be reconsidered if. (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2) this action is subsequently modified in a manner that was
not considered in this review; or, (3) a new species is listed or critical habitat determined that
may be affected by the identified action.

Thank you for the opportunity to review this project. If you have any questions or comments
regarding our response, please contact Mr. Dale W. Suiter, of this office at, [phone]
(Ext. 18).
Sincerely,
/? ?
Garland Pardue, Ph.D.
Ecological Services Supervisor
cc: Raleigh Ecological Services (Gary Jordan)