20070250 Ver 1_Application_20091125

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Beverly E. Purdue
GOVERNOR
Garcy Ward
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Ward,
November 23, 2009
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Gene Conti
SECRETARY
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NCDOT is requesting the issuance of an Emergency General Permit 48 for the replacement of 900
ft. of damaged sandbags that were installed under CAMA emergency permit 9 A46816 issued on 2/13/07.
Due to the threatening erosion escarpment and increase potential for highway structure damage, NCDOT is
also proposing to add 350 ft. of sandbags to the south. These bags will be placed along the edge of the
right-of-way in alignment with the existing 900 ft. of sandbags. A COE emergency general permit has been
authorized and a CAMA major permit issued authorizing the described work. The USFWS has
communicated a modification of there existing permit will cover the additional sandbag length. After the
sandbags are installed a dune will be established as shown on the provided drawing and vegetated with
American beach grass and Sea Oats. NCDOT will have the installation of the sandbags and dune line
completed by May I" in accordance with the previously authorized permits for the 900 ft. of sandbags.
Included with this request letter are the plan sheet (with aerial), typical section, PCN and Governors
Declaration of Emergency for Dare County. If any additional information is needed please contact Clay
Willis at 252-482-7977.
Sincerely,
Jerry Jennings, P.E.
Acting Division Engineer, Division One
Clay Willis (? (?/(
Environmental Off r, Division One
CC: Sterling Baker, NCDOT
Jerry Jennings, NCDOT
113 Airport Dr., Suite 100, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
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Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 48
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ®-Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ? No
2. Project Information
2a. Name of project: INC 12 emergency sand bag replacement and addition at the S-Curves location on Pea
Island
2b. County: Dare
2c. Nearest municipality / town: Rodanthe
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no: Emergency NC 12 maintenance work at the S-Curves on Pea Island
3. Owner Information
3a. Name on Recorded Deed: NCDOT
3b. Deed Book and Page No. n/a
3c. Responsible Party (for LLC if
applicable): NCDOT Division One
3d. Street address: 113 Airport Drive Suite 100
3e. City, state, zip: Edenton, NC 27932
3f. Telephone no.: 252-482-5889
3g. Fax no.: 252-482-8722
3h. Email address: [e-mail]
Page 1 of 12
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): 35.608639'N 75.464203'W
1 c. Property size: 3 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Atlantic Ocean
proposed project:
2b. Water Quality Classification of nearest receiving water: class SIB
2c. River basin: Pasquotank
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
NC 12 highway with a maintained sand road shoulder that grades into a small dune that transitions to the beach face.
During a recent Nor'easter much of the beach face was eroded causing an increase in concern for ocean overwash of NC
12 during minor storm events.
3b. List the total estimated acreage of all existing wetlands on the property:
0 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
None
3d. Explain the purpose of the proposed project:
Attempt to provide protection for the roadway during minor storm events, which will help preserve the road network on
Hatteras Island
3e. Describe the overall project in detail, including the type of equipment to be used:
NCDOT will replace 900 ft. of damaged sandbags and also extend them 350 ft. to the south of the existing alignment.The
sandbags will be placed at the edge of the NCDOT right-of-way as shown in the provided drawings. The bags will be filled
with sand that is pumped from the swash zone, below the mean high water line. The sandbags will be laid and filled in
place as shown on the diagram. Once the bags are filled in place a dune will be placed on top of the bags and vegetated
with American beachgrass and Sea Oats.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A COE GP 48 was authorized (#SAW-2009-02150) and CAMA Major Permit # 149-09 for the sandbag installation and
modification of the existing USFWS Special Use permit is being obtained for this project.
Page 3 of 12
PCN Form - Version 1.0 November 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
? Open waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of Type of wetland Forested (Corps - 404, 10 Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary T
W1 ? P ? T ? Yes ? No ? Corps
? DWQ
W2 E] P F-1 T E] Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 E] P ? T El Yes El No E] Corps
? DWQ
W5 ? P ? T El Yes El No E] Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0
2h. Comments: No Wetland Impacts
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number- impact intermittent(INT)? length
Permanent (P) or (linear feet)
Temporary (T)
S1 ? P ? T ? PER ? INT
S2 ?P?T ?PER ?INT
S3 ? P ? T ? PER ? INT
S4 ? P ? T ? PER ? INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts 0
3h. Comments: No Stream Impacts
Page 5 of 12
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0
4g. Comments: No Impacts
Page 6 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
81 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts 0
6i. Comments: No impacts
Page 7 of 12
PCN Form - November 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project will be completed outside of moratoriums established by the Division of Coastal Management and the
USFWS for the protection of Sea Turtles. This work will be completed prior to May 1 s`, 2010
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ®No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity _
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: n/a linear feet
4c. If using stream mitigation, stream temperature: n/a warm, cool, cold
4d. Buffer mitigation requested (DWQ only): n/a square feet
4e. Riparian wetland mitigation requested: n/a acres
4f. Non-riparian wetland mitigation requested: n/a acres
4g. Coastal (tidal) wetland mitigation requested: n/a acres
4h.. Comments: N
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
No mitigation required
Page 8 of 12
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6d. Comments:
Page 9 of 12
PCN Form -November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ®No
within one of the NC Riparian Buffer Protection Rules?
lb. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ®No
21b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HOW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ® Other: NCDOT 01000
3b. In which local government's jurisdiction is this project? n/a
3c. Is this local government certified to implement a state stormwater program? ? Yes ® No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401Unit Stormwater Review

4a. What is the overall percent imperviousness according to the most current site plan? 100

41b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ®No
General Certifications 3704 and 37059
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
n/a
4d . Has a completed BMP Supplement Form with all required items been submitted ? Yes ®No
for each stormwater BMP?
Page 10 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
®No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 11 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ®Yes E] No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? A
h
ill
ev
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s
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Database and USFWS Pea Island Refuge Biologist
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Marine Fisheries
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ® Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO information, Pea Island Refuge
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ®Yes ? No
8b. If yes, explain how project meets FEMA requirements: n/a
8c. What source(s) did you use to make the floodplain determination? FEMA maps
Clay Willis V//
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J , 11/24/09
Applicant/Agent's Printed Name -
ppllca Agent's Sig ature
'
D
s signature is valid y if an authorization letter from the applicant
(Agent ate
is provided.)

Page 12 of 12
PCN Form - November 2008 Version
BEVERLY EAVES PERDUE
GOVERNOR
EXECUTIVE ORDER NO. 30
PROCLAMATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
WHEREAS, I have determined that a state of emergency. as defined in G.S. § 166A-4
and G.S. § 14-288.1(10), exists in the State of North Carolina, specifically in Dare County. due to
the remnants of Tropical Storm Ida causing widespread flooding and damaging and obstructing
North Carolina Highway 12, beginning on November 12. 2009.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS ORDERED:
Section 1. Pursuant to G. S. §§ 166A-5 and 14-288.15, 1, therefore. proclaim the
existence of a state of emergency in the State.
Section 2. 1 hereby order all state and local government entities and agencies to
cooperate in the implementation of the provisions of this proclamation and the provisions of the
North Carolina Emergency Operations Plan.
Section 3. 1 hereby delegate to Reuben F. Young. Secretary of Crime Control and Public
Safety, and/or his designee, all power and authority granted to me and required of me by Chapter
166A, and Article 36A of Chapter 14 of the General Statutes for the purpose of implementing the
said Emergency Operations Plan and to take such further action as is necessary to promote and
secure the safety and protection of the populace in North Carolina.
Section 4. Further, Reuben F. Young. Secretary of Crime Control and Public Safety, as
chief coordinating officer for the State of North Carolina, shalt exercise the powers prescribed in
G.S. §14313-476.
Section 5. t hereby order this proclamation: (a) to be distributed to the news media and
other organizations calculated to bring its contents to the attention of the general public; (b)
unless the circumstances of the state of emergency prevent or impede, to be promptly filed with
the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of
superior court in the counties to which it applies: and lcj to be distributed to others as necessary
to assure proper implementation of this proclamation.
Section 6. This proclamation shall become effective immediately and shall continue until
it is terminated in writing.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal
of the State of North Carolina at the Capitol in the. City of Raleigh. this sixteenth day of
November in the year of our Lord two thousand and nine. and of the Independence of the United
States of America the two hundred and thirty-fourth.
Beverly Eaves Perdue
Governor
ATTEST:
"- . / 2 ? Mlyk? -
Elaine F. Marshall
Secretary of State
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